Full Text of SB1531 97th General Assembly
SB1531ham001 97TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 5/24/2011
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| 1 | | AMENDMENT TO SENATE BILL 1531
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1531 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Welfare Act is amended by changing | 5 | | Section 2.2 as follows:
| 6 | | (225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
| 7 | | Sec. 2.2.
No dog dealer, kennel operator, or cattery | 8 | | operator shall
separate a puppy or kitten from its mother, for | 9 | | the
purpose of sale, until such puppy or kitten has attained | 10 | | the age of 8
weeks.
| 11 | | All licensees under this Act shall maintain records of
the | 12 | | origin and sale of all dogs, and such records shall be made | 13 | | available for
inspection by the Secretary or the Department | 14 | | upon demand. Such records
must contain proof in proper form of | 15 | | purebreds and their pedigree, and evidence
of such proof must | 16 | | be provided to any person acquiring a dog from a licensee
under |
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| 1 | | this Act. In addition, guard dog services shall be
required to | 2 | | maintain records of transfer of ownership, death, or | 3 | | disappearance
of a guard dog or sentry dog used by that guard | 4 | | dog service.
| 5 | | When a microchip or other identification is present in any | 6 | | companion animal in the custody of the Administrator, Deputy | 7 | | Administrator, Animal Control Warden, or law enforcement under | 8 | | the Animal Control Act, licensees under this Act shall provide | 9 | | the name, address, and phone number of the owner on request. | 10 | | (Source: P.A. 89-178, eff. 7-19-95.)
| 11 | | Section 10. The Animal Control Act is amended by changing | 12 | | Sections 10, 15, and 26 and by adding Sections 2.18b, 2.18c, | 13 | | 15.5, 26.01, and 26.02 as follows: | 14 | | (510 ILCS 5/2.18b new) | 15 | | Sec. 2.18b. "Proof of caretaking responsibility" means | 16 | | either veterinary records, sterilization records, microchip | 17 | | registration, or an affidavit. | 18 | | (510 ILCS 5/2.18c new) | 19 | | Sec. 2.18c. "Proof of ownership" means a valid registration | 20 | | certificate, municipal license, microchip registration, | 21 | | veterinary records, expired registration certificates or | 22 | | licenses, adoption contracts, bills of sale, photographs, or | 23 | | affidavits submitted by 3 individuals.
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| 1 | | (510 ILCS 5/10) (from Ch. 8, par. 360)
| 2 | | Sec. 10. Impoundment; redemption.
When dogs or cats are | 3 | | apprehended and impounded,
they must be scanned for the | 4 | | presence of a microchip and cannot be adopted, moved, or | 5 | | euthanized without a second scanning . The
Administrator shall | 6 | | make every reasonable attempt to contact the owner as defined | 7 | | by Section 2.16 as soon
as possible. The Administrator shall | 8 | | give notice of not less than 7 business
days to the owner prior | 9 | | to disposal of the animal. Such notice shall be mailed
to the | 10 | | last known address of the owner. Testimony of the | 11 | | Administrator, or his
or her authorized agent, who mails such | 12 | | notice shall be evidence of the receipt
of such notice by the | 13 | | owner of the animal.
| 14 | | When a microchip or other identification is present in any | 15 | | companion animal in the custody of the Administrator, Deputy | 16 | | Administrator, Animal Control Warden, or law enforcement, | 17 | | licensees under the Animal Welfare Act and veterinarians shall | 18 | | provide the name, address, and phone number of the owner on | 19 | | request. | 20 | | In case the owner of any impounded dog or cat desires to | 21 | | make redemption
thereof, he or she may do so by doing the | 22 | | following:
| 23 | | a. Presenting proof of current rabies inoculation
and | 24 | | registration, if applicable.
| 25 | | b. Paying for the rabies inoculation of the dog or cat
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| 1 | | and registration, if applicable.
| 2 | | c. Paying the pound for the board of the dog or cat for
| 3 | | the period it was impounded.
| 4 | | d. Paying into the Animal Control Fund an additional
| 5 | | impoundment fee as prescribed by the Board as a penalty for | 6 | | the
first offense and for each subsequent offense.
| 7 | | e. Paying a $25 public safety fine to be deposited into | 8 | | the Pet Population Control Fund; the fine shall be waived | 9 | | if it is the dog's or cat's first impoundment and the owner | 10 | | has the animal spayed or neutered within 14 days.
| 11 | | f.
Paying for microchipping and registration if not | 12 | | already
done.
| 13 | | g. Presenting proof of ownership or proof of caretaking | 14 | | responsibility of the animal he or she desires to redeem. | 15 | | The payments required for redemption under this Section
| 16 | | shall be in
addition to any other penalties invoked under this | 17 | | Act and the Illinois Public Health and Safety Animal Population | 18 | | Control Act. An animal control agency shall assist and share | 19 | | information with the Director of Public Health in the | 20 | | collection of public safety fines.
| 21 | | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 22 | | (510 ILCS 5/15) (from Ch. 8, par. 365)
| 23 | | Sec. 15. Vicious dog determination. | 24 | | (a) In order to have a dog deemed "vicious", the | 25 | | Administrator,
Deputy
Administrator,
or law enforcement |
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| 1 | | officer must give notice of the
infraction that
is the basis of | 2 | | the investigation to the owner, conduct a thorough
| 3 | | investigation, interview
any witnesses, including the owner, | 4 | | gather any existing medical records,
veterinary
medical | 5 | | records or behavioral evidence, and make a detailed report | 6 | | recommending
a
finding that the dog is a vicious dog and give | 7 | | the report to the States
Attorney's Office and the
owner. The | 8 | | Administrator, State's Attorney, Director or any citizen of the
| 9 | | county in
which the dog exists may file a complaint in the | 10 | | circuit court in the name of
the People of the
State of
| 11 | | Illinois to deem a dog to be a vicious dog. Testimony of a | 12 | | certified applied
behaviorist, a
board certified veterinary | 13 | | behaviorist, or another recognized expert may be
relevant to | 14 | | the
court's determination of whether the dog's behavior was | 15 | | justified. The
petitioner must
prove the dog is a vicious dog | 16 | | by clear and convincing evidence. The
Administrator shall | 17 | | determine where the animal shall be confined during the
| 18 | | pendency of the case.
| 19 | | A dog may not be declared vicious if the court determines | 20 | | the conduct of
the
dog was
justified because:
| 21 | | (1) the threat, injury, or death was sustained by a | 22 | | person who at the time
was
committing a crime or offense | 23 | | upon the owner or custodian of the dog, or was committing a | 24 | | willful trespass or other tort upon the premises or | 25 | | property owned or occupied by the owner of the animal;
| 26 | | (2) the injured, threatened, or killed person was |
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| 1 | | abusing,
assaulting,
or physically threatening the dog or | 2 | | its offspring, or has in the past
abused,
assaulted, or | 3 | | physically threatened the dog or its offspring; or
| 4 | | (3) the dog was responding to pain or injury, or was | 5 | | protecting itself, its
owner,
custodian, or member of its | 6 | | household, kennel, or offspring.
| 7 | | No dog shall be deemed "vicious" if it is a professionally | 8 | | trained dog for
law
enforcement or guard duties. Vicious dogs | 9 | | shall not be classified
in a manner that is specific as to | 10 | | breed.
| 11 | | If the burden of proof has been met, the court shall deem | 12 | | the dog to be a
vicious dog.
| 13 | | If a dog is found to be a vicious dog, the owner shall pay a | 14 | | $100 public safety fine to be deposited into the Pet Population | 15 | | Control Fund, the dog shall be spayed or
neutered within 10 | 16 | | days of the finding at the expense of its
owner and | 17 | | microchipped, if not already, and the dog is subject to
| 18 | | enclosure. | 19 | | If an owner fails to comply with these requirements, the | 20 | | animal control agency shall impound the dog and the owner shall | 21 | | pay a $500 fine plus impoundment fees to the animal control | 22 | | agency impounding the dog. The judge has the discretion to | 23 | | order a vicious dog be euthanized. A dog found to be a vicious | 24 | | dog shall not be released to the
owner until the Administrator, | 25 | | an Animal Control Warden, or the
Director approves the | 26 | | enclosure. |
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| 1 | | No owner or
keeper of a vicious dog shall sell or give away | 2 | | the dog without
approval from the Administrator or court. | 3 | | Whenever an owner of a vicious dog relocates, he or she shall | 4 | | notify
both the
Administrator of
County
Animal Control where he | 5 | | or she has relocated and the Administrator of County
Animal | 6 | | Control where he or she formerly resided.
| 7 | | (b) It shall be unlawful for any person to keep or maintain | 8 | | any dog
which has been found to be a vicious dog unless the dog | 9 | | is
kept in an enclosure. The only times that a vicious dog may | 10 | | be allowed out
of the enclosure are (1) if it is necessary for | 11 | | the owner or keeper to
obtain veterinary care for the dog, (2) | 12 | | in the case of an emergency or
natural disaster where the
dog's | 13 | | life is threatened, or (3) to comply with the order of a
court | 14 | | of competent jurisdiction, provided that the dog is securely | 15 | | muzzled
and restrained with a leash not
exceeding 6 feet in | 16 | | length, and shall be under the direct control and
supervision | 17 | | of the owner or keeper of the dog or muzzled in its residence.
| 18 | | (b-5) If it is found at the hearing conducted under this | 19 | | Act that a dog is declared vicious and the ownership or | 20 | | possession of a dog by the person would create a significant | 21 | | threat to the public health, safety, and welfare, then the | 22 | | owner of a dog determined to be a vicious dog may be prohibited | 23 | | from owning, possessing, controlling, or having custody of any | 24 | | dog for a period of up to 3 years. | 25 | | Any dog which has been found to be a vicious dog and which | 26 | | is not
confined to an enclosure shall be impounded by the |
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| 1 | | Administrator, an Animal
Control Warden, or the law enforcement | 2 | | authority having jurisdiction in
such area.
| 3 | | (b-10) If the owner of the dog has not appealed the | 4 | | impoundment order to the
circuit court in the county in which | 5 | | the animal was impounded within 15 business
working days, the | 6 | | dog may be euthanized.
| 7 | | Upon filing a notice of appeal, the order of euthanasia | 8 | | shall be
automatically stayed pending the outcome of the | 9 | | appeal. The owner shall bear
the burden of timely notification | 10 | | to animal control in writing.
| 11 | | Guide dogs for the blind or hearing impaired, support dogs | 12 | | for the
physically handicapped, accelerant detection dogs, and | 13 | | sentry, guard, or
police-owned dogs are
exempt from this | 14 | | Section; provided, an attack or injury to a person
occurs while | 15 | | the dog is performing duties as expected. To qualify for
| 16 | | exemption under this Section, each such dog shall be currently
| 17 | | inoculated against rabies in accordance with Section 8
of this | 18 | | Act. It shall be the duty of the owner of such exempted dog to
| 19 | | notify the Administrator of changes of address. In the case of | 20 | | a sentry or
guard dog, the owner shall keep the Administrator | 21 | | advised of the location
where such dog will be stationed. The | 22 | | Administrator shall provide police
and fire departments with a | 23 | | categorized list of such exempted dogs, and
shall promptly | 24 | | notify such departments of any address changes reported to him.
| 25 | | (c) If the animal control agency has custody of the dog, | 26 | | the agency may file a petition with the court requesting that |
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| 1 | | the owner be ordered to post security. The security must be in | 2 | | an amount sufficient to secure payment of all reasonable | 3 | | expenses expected to be incurred by the animal control agency | 4 | | or animal shelter in caring for and providing for the dog | 5 | | pending the determination. Reasonable expenses include, but | 6 | | are not limited to, estimated medical care and boarding of the | 7 | | animal for 30 days. If security has been posted in accordance | 8 | | with this Section, the animal control agency may draw from the | 9 | | security the actual costs incurred by the agency in caring for | 10 | | the dog. | 11 | | (d) Upon receipt of a petition, the court must set a | 12 | | hearing on the petition, to be conducted within 5 business days | 13 | | after the petition is filed. The petitioner must serve a true | 14 | | copy of the petition upon the defendant. | 15 | | (e) If the court orders the posting of security, the | 16 | | security must be posted with the clerk of the court within 5 | 17 | | business days after the hearing. If the person ordered to post | 18 | | security does not do so, the dog is forfeited by operation of | 19 | | law and the animal control agency must dispose of the animal | 20 | | through adoption or humane euthanization.
| 21 | | (Source: P.A. 96-1171, eff. 7-22-10.)
| 22 | | (510 ILCS 5/15.5 new) | 23 | | Sec. 15.5. Dog owner; negligence. No person, without | 24 | | justification, shall intentionally, knowingly, or recklessly | 25 | | allow, permit, or suffer a dog to attack a person and cause |
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| 1 | | serious physical injury or death to a person.
| 2 | | (510 ILCS 5/26) (from Ch. 8, par. 376)
| 3 | | Sec. 26. Violations; punishment. | 4 | | (a) Except as otherwise provided in this Act, any person | 5 | | violating or aiding in or abetting the violation
of any | 6 | | provision of this Act, or counterfeiting or forging any | 7 | | certificate,
permit, or tag, or making any misrepresentation in | 8 | | regard to any matter
prescribed by this Act, or resisting, | 9 | | obstructing, or impeding the
Administrator or any authorized | 10 | | officer in enforcing this Act, or refusing
to produce for | 11 | | inoculation any dog in his possession, or who removes a tag | 12 | | from
a dog for purposes of
destroying or concealing its | 13 | | identity, is guilty of a Class C misdemeanor for a
first | 14 | | offense and for a subsequent offense, is guilty of a Class B
| 15 | | misdemeanor.
| 16 | | Each day a person fails to comply constitutes a separate | 17 | | offense. Each
State's Attorney to whom the Administrator | 18 | | reports any violation of this
Act shall cause appropriate | 19 | | proceedings to be instituted in the proper
courts without delay | 20 | | and to be prosecuted in the manner provided by law.
| 21 | | (b) If the owner of a vicious dog subject to enclosure:
| 22 | | (1) fails to maintain or keep the dog in an enclosure | 23 | | or fails to spay
or neuter the dog or microchip the dog | 24 | | within the time period prescribed; and
| 25 | | (2) the dog inflicts serious physical injury upon any |
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| 1 | | other person or causes the death of
another person; and
| 2 | | (3) the attack is unprovoked in a place where such | 3 | | person is peaceably
conducting himself or herself and where | 4 | | such person may lawfully be;
| 5 | | then the Administrator shall impound and euthanize the dog and | 6 | | the owner shall
be guilty of a Class 3 felony and shall pay a | 7 | | $1,000 fine plus impoundment fees to the animal control agency | 8 | | impounding the dog; , unless the owner knowingly
allowed the
dog | 9 | | to run at large or failed to take steps to keep the dog in an | 10 | | enclosure
then the Administrator shall impound and euthanize | 11 | | the dog and the owner shall be guilty of a Class 2 felony and | 12 | | shall pay a $1,000 fine plus impoundment fees to the animal | 13 | | control agency impounding the dog . The penalty
provided in
this | 14 | | paragraph shall be in addition to any other criminal or civil | 15 | | sanction
provided by law.
| 16 | | (c) If the owner of a dangerous dog knowingly fails to | 17 | | comply with any
order
regarding the dog and the dog inflicts | 18 | | serious physical
injury on a person or a companion animal, then | 19 | | the owner shall be guilty of a Class 4 felony and shall pay a | 20 | | $1,000 fine plus impoundment fees to the animal control agency | 21 | | impounding the dangerous dog . If the
owner of a dangerous dog | 22 | | knowingly fails to comply with any order regarding the
dog and
| 23 | | the dog kills a person or contributes to the death of a person, | 24 | | then the Administrator shall impound and euthanize the | 25 | | dangerous dog and the owner shall be guilty of a Class 3 felony | 26 | | and shall pay a $1,000 fine plus impoundment fees to the animal |
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| 1 | | control agency impounding the dangerous dog .
| 2 | | (d) Any person convicted of violating Section 15.5 is | 3 | | guilty of a Class 4 felony. | 4 | | (e) In addition to any other penalty provided by law, upon | 5 | | conviction for violating Section 15 or Section 15.5, the court | 6 | | may order it is unlawful for the convicted person to knowingly | 7 | | own, possess, have custody of, or reside in a residence with | 8 | | any other dog for a period of time that the court deems | 9 | | reasonable. | 10 | | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05; | 11 | | 94-819, eff. 5-31-06.)
| 12 | | (510 ILCS 5/26.01 new) | 13 | | Sec. 26.01. Reckless owners; dog ownership prohibited. No | 14 | | person may own or reside with a dog if the person has: | 15 | | (1) been convicted of a second or subsequent violation | 16 | | of Section 15.2 of this Act; | 17 | | (2) been convicted of a violation of subsection (b) of | 18 | | Section 15 of this Act or Section 12-36 of the Criminal | 19 | | Code of 1961; or | 20 | | (3) been convicted of a violation under subsections (b) | 21 | | or (c) of Section 26 of this Act. | 22 | | (510 ILCS 5/26.02 new) | 23 | | Sec. 26.02. Dog ownership prohibition review. Beginning 3 | 24 | | years after a conviction that prohibits a person from owning a |
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| 1 | | dog, and annually thereafter, the person may request that the | 2 | | Administrator review the prohibition, violations, any criminal | 3 | | convictions, or any of the facts that the Administrator deems | 4 | | appropriate that led to the prohibition. The Administrator may | 5 | | rescind the prohibition entirely or rescind the prohibition | 6 | | with limitations. The Administrator may also establish | 7 | | conditions a person must meet before the prohibition is | 8 | | rescinded, including, but not limited to, successfully | 9 | | completing dog training or dog handling courses. If the | 10 | | Administrator rescinds a person's prohibition and the person | 11 | | subsequently fails to comply with any limitations imposed by | 12 | | animal control or the person is convicted of any animal | 13 | | violation involving unjustified bites or dog attacks, then the | 14 | | Administrator may permanently prohibit the person from owning a | 15 | | dog in the county. ".
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