HB1631 101ST GENERAL ASSEMBLY

LRB101 00356 SLF 45360 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1631

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:

20 ILCS 205/205-203 new
725 ILCS 5/Art. 113A heading new
725 ILCS 5/113A-1 new

Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of a case involving the injury, health, or safety of a cat or dog, the court may, on its own motion or motion of any party, appoint a special advocate to assist the court, as deemed appropriate by the court, and represent the interests of justice regarding the health or safety of the cat or dog. Amends the Civil Administrative Code of Illinois Department of Agriculture Law. Provides that the Department of Agriculture shall compile a list comprised of pro bono attorneys and law students from each county who may serve as special advocates for these cases.

A BILL FOR

AN ACT concerning special advocates in animal cases.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Agriculture Law of the Civil Administrative Code of Illinois is amended by adding Section 205-203 as follows:

(20 ILCS 205/205-203 new)

Sec. 205-203. Compilation of special advocates for animal cases. The Department of Agriculture shall compile a list of pro bono attorneys and law students from each county who may serve as special advocates in the prosecution of cases involving the injury, health, or safety of a cat or dog as provided in Section 113A-1 of the Code of Criminal Procedure of 1963. In this Section, "law student" means a law student licensed under Supreme Court Rule 711 or attached to a legal aid bureau, legal assistance program, organization, or clinic chartered by this State or approved by a law school approved by the American Bar Association.

Section 10. The Code of Criminal Procedure of 1963 is amended by adding the heading of Article 113A and Section 113A-1 as follows:

(725 ILCS 5/Art. 113A heading new)

ARTICLE 113A. SPECIAL ADVOCATES

(725 ILCS 5/113A-1 new)

Sec. 113A-1. Special advocates.

(a) In a prosecution of a case involving the injury, health, or safety of a cat or dog, the court may, on its own motion or motion of any party, appoint a special advocate to assist the court, as deemed appropriate by the court, and represent the interests of justice regarding the health or safety of the cat or dog. If the court appoints a special advocate in the case, the court may consult with a list of pro bono attorneys and law students compiled by the Department of Agriculture for that purpose.

(b) The advocate may:

(1) monitor the case;

(2) consult any person with information that could aid the court and review records relating to the condition of the cat or dog and the defendant's actions, including, but not limited to, records from animal control officers, veterinarians, and police officers;

(3) attend hearings; and

(4) present information or recommendations to the court pertinent to determinations that relate to the interests of justice, provided that information shall be based solely on the duties undertaken under this subsection (b).