Illinois General Assembly - Full Text of HB5492
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Full Text of HB5492  102nd General Assembly

HB5492 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5492

 

Introduced 1/31/2022, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/48-12 new

    Amends the Criminal Code of 2012. Provides that it is unlawful for a person, during the commission of a felony, to knowingly kill or severely injure any animal used by a law enforcement agency, a fire department, or a search and rescue team or agency in the performance of the functions or duties of the agency or department. Provides that it is unlawful for a person, during the commission of a felony, to knowingly kill or seriously injure any search and rescue dog, any police animal, or any accelerant detection dog used by a firefighter or fire investigator for arson investigations in the performance of the animal's functions or duties or in training. Provides that if the offender is found guilty, the offender shall be responsible for any veterinarian and medical expenses for the animal that was injured, and purchase and training costs for another, if the animal is killed or injured and is no longer able to be in service. Provides that a violation is a Class 2 felony.


LRB102 23930 RLC 33130 b

 

 

A BILL FOR

 

HB5492LRB102 23930 RLC 33130 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as Draco's Law.
 
5    Section 5. The Criminal Code of 2012 is amended by adding
6Section 48-12 as follows:
 
7    (720 ILCS 5/48-12 new)
8    Sec. 48-12. Injuring or killing police animals, service
9animals, accelerant detection dogs, or search and rescue dogs.
10    (a) In this Section:
11    "Law enforcement agency" means an agency of the State or
12of a unit of local government charged with enforcement of
13State, county, or municipal laws or ordinances or with
14managing custody of detained persons in this State, but does
15not include a State's Attorney.
16    "Police animal" has the meaning ascribed to it in Section
172.08 of the Humane Care for Animals Act.
18    "Search and rescue dog" has the meaning ascribed to it in
19Section 2.01d of the Humane Care for Animals Act.
20    (b) It is unlawful for a person, during the commission of a
21felony, to knowingly kill or severely injure any animal used
22by a law enforcement agency, a fire department, or a search and

 

 

HB5492- 2 -LRB102 23930 RLC 33130 b

1rescue team or agency in the performance of the functions or
2duties of the agency or department.
3    (c) It is unlawful for a person, during the commission of a
4felony, to knowingly kill or seriously injure any search and
5rescue dog, any police animal, or any accelerant detection dog
6used by a firefighter or fire investigator for arson
7investigations in the performance of the animal's functions or
8duties or in training.
9    (d) If the offender is found guilty under this Section,
10the offender shall be responsible for any veterinarian and
11medical expenses for the animal that was injured, and purchase
12and training costs for another, if the animal is killed or
13injured and is no longer able to be in service.
14    (e) A person is not in violation of this Section if the
15animal used by a law enforcement agency, search and rescue
16agency, or a fire department was used against the person in
17violation of the law enforcement agency use of force continuum
18or agency's policy.
19    (f) Sentence. A violation of this Section is a Class 2
20felony.