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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5076
Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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510 ILCS 70/16.3 |
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510 ILCS 70/16.5 new |
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Amends the Humane Care for Animals Act. Provides that any person, including a veterinarian, who in good faith provides emergency care or treatment without fee to an injured animal or an animal separated from its owner due to an emergency or a disaster is not liable for civil damages as a result of his or her acts or omissions in providing or arranging further care or treatment, except for willful or wanton misconduct. Provides that the statute of limitations is 2 years for a violation of the Act (instead of cruelty to animals). Effective immediately.
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A BILL FOR
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HB5076 |
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LRB095 19030 RCE 45207 b |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Humane Care for Animals Act is amended by |
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| changing Section 16.3 and by adding Section 16.5 as follows:
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| (510 ILCS 70/16.3)
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| Sec. 16.3. Civil actions. Any person who has a right of |
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| ownership in an animal that is subjected
to an act of |
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| aggravated cruelty under Section 3.02 or torture under Section
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| 3.03 in violation of this Act
or in an animal that is injured |
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| or killed as a result of actions taken by a
person who acts in
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| bad faith under subsection (b) of Section 3.06 or under Section |
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| 12 of this Act
may bring a
civil action
to recover the damages |
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| sustained by that owner. Damages may include, but are
not |
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| limited to, the monetary value of the animal, veterinary |
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| expenses incurred
on behalf of the animal, any other expenses |
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| incurred by the owner in rectifying
the effects of the cruelty, |
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| pain, and suffering of the animal, and emotional
distress |
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| suffered by the owner. In addition to damages that may be |
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| proven, the
owner is also entitled to punitive or exemplary |
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| damages of not less than $500
but not more than $25,000 for |
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| each act of abuse or neglect to which the
animal was subjected. |
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| In addition, the court must award reasonable
attorney's fees |