Full Text of SB1531 97th General Assembly
SB1531ham002 97TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 5/26/2011
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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 | | to the Administrator, Deputy Administrator, Animal Control | 10 | | Warden, or law enforcement officer the name, address, and phone | 11 | | number of the owner on request. | 12 | | (Source: P.A. 89-178, eff. 7-19-95.)
| 13 | | Section 10. The Animal Control Act is amended by changing | 14 | | Sections 10, 15, and 26 and by adding Sections 2.18b, 2.18c, | 15 | | 26.01, and 26.02 as follows: | 16 | | (510 ILCS 5/2.18b new) | 17 | | Sec. 2.18b. "Proof of caretaking" means either veterinary | 18 | | records, sterilization records, microchip registration, or an | 19 | | affidavit. | 20 | | (510 ILCS 5/2.18c new) | 21 | | Sec. 2.18c. "Proof of ownership" means a valid registration | 22 | | certificate, municipal license, microchip registration, | 23 | | veterinary records, expired registration certificates or |
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| 1 | | licenses, adoption contracts, bills of sale, photographs, or | 2 | | affidavits submitted by 3 individuals.
| 3 | | (510 ILCS 5/10) (from Ch. 8, par. 360)
| 4 | | Sec. 10. Impoundment; redemption.
When dogs or cats are | 5 | | apprehended and impounded,
they must be scanned for the | 6 | | presence of a microchip and cannot be adopted, moved, or | 7 | | euthanized without a second scanning . The
Administrator shall | 8 | | make every reasonable attempt to contact the owner as defined | 9 | | by Section 2.16 as soon
as possible. The Administrator shall | 10 | | give notice of not less than 7 business
days to the owner prior | 11 | | to disposal of the animal. Such notice shall be mailed
to the | 12 | | last known address of the owner. Testimony of the | 13 | | Administrator, or his
or her authorized agent, who mails such | 14 | | notice shall be evidence of the receipt
of such notice by the | 15 | | owner of the animal.
| 16 | | When a microchip or other identification is present in any | 17 | | companion animal in the custody of the Administrator, Deputy | 18 | | Administrator, Animal Control Warden, or law enforcement, | 19 | | licensees under the Animal Welfare Act and veterinarians shall | 20 | | provide to the Administrator, Deputy Administrator, Animal | 21 | | Control Warden, or law enforcement officer the name, address, | 22 | | and phone number of the owner on request. | 23 | | In case the owner of any impounded dog or cat desires to | 24 | | make redemption
thereof, he or she may do so by doing the | 25 | | following:
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| 1 | | a. Presenting proof of current rabies inoculation
and | 2 | | registration, if applicable.
| 3 | | b. Paying for the rabies inoculation of the dog or cat
| 4 | | and registration, if applicable.
| 5 | | c. Paying the pound for the board of the dog or cat for
| 6 | | the period it was impounded.
| 7 | | d. Paying into the Animal Control Fund an additional
| 8 | | impoundment fee as prescribed by the Board as a penalty for | 9 | | the
first offense and for each subsequent offense.
| 10 | | e. Paying a $25 public safety fine to be deposited into | 11 | | the Pet Population Control Fund; the fine shall be waived | 12 | | if it is the dog's or cat's first impoundment and the owner | 13 | | has the animal spayed or neutered within 14 days.
| 14 | | f.
Paying for microchipping and registration if not | 15 | | already
done.
| 16 | | g. Presenting proof of ownership or proof of caretaking | 17 | | of the animal he or she desires to redeem. | 18 | | The payments required for redemption under this Section
| 19 | | shall be in
addition to any other penalties invoked under this | 20 | | Act and the Illinois Public Health and Safety Animal Population | 21 | | Control Act. An animal control agency shall assist and share | 22 | | information with the Director of Public Health in the | 23 | | collection of public safety fines.
| 24 | | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 25 | | (510 ILCS 5/15) (from Ch. 8, par. 365)
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| 1 | | Sec. 15. Vicious dog determination. | 2 | | (a) In order to have a dog deemed "vicious", the | 3 | | Administrator,
Deputy
Administrator,
or law enforcement | 4 | | officer must give notice of the
infraction that
is the basis of | 5 | | the investigation to the owner, conduct a thorough
| 6 | | investigation, interview
any witnesses, including the owner, | 7 | | gather any existing medical records,
veterinary
medical | 8 | | records or behavioral evidence, and make a detailed report | 9 | | recommending
a
finding that the dog is a vicious dog and give | 10 | | the report to the States
Attorney's Office and the
owner. The | 11 | | Administrator, State's Attorney, Director or any citizen of the
| 12 | | county in
which the dog exists may file a complaint in the | 13 | | circuit court in the name of
the People of the
State of
| 14 | | Illinois to deem a dog to be a vicious dog. Testimony of a | 15 | | certified applied
behaviorist, a
board certified veterinary | 16 | | behaviorist, or another recognized expert may be
relevant to | 17 | | the
court's determination of whether the dog's behavior was | 18 | | justified. The
petitioner must
prove the dog is a vicious dog | 19 | | by clear and convincing evidence. The
Administrator shall | 20 | | determine where the animal shall be confined during the
| 21 | | pendency of the case.
| 22 | | A dog may not be declared vicious if the court determines | 23 | | the conduct of
the
dog was
justified because:
| 24 | | (1) the threat, injury, or death was sustained by a | 25 | | person who at the time
was
committing a crime or offense | 26 | | upon the owner or custodian of the dog, or was committing a |
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| 1 | | willful trespass or other tort upon the premises or | 2 | | property owned or occupied by the owner of the animal;
| 3 | | (2) the injured, threatened, or killed person was | 4 | | abusing,
assaulting,
or physically threatening the dog or | 5 | | its offspring, or has in the past
abused,
assaulted, or | 6 | | physically threatened the dog or its offspring; or
| 7 | | (3) the dog was responding to pain or injury, or was | 8 | | protecting itself, its
owner,
custodian, or member of its | 9 | | household, kennel, or offspring.
| 10 | | No dog shall be deemed "vicious" if it is a professionally | 11 | | trained dog for
law
enforcement or guard duties. Vicious dogs | 12 | | shall not be classified
in a manner that is specific as to | 13 | | breed.
| 14 | | If the burden of proof has been met, the court shall deem | 15 | | the dog to be a
vicious dog.
| 16 | | If a dog is found to be a vicious dog, the owner shall pay a | 17 | | $100 public safety fine to be deposited into the Pet Population | 18 | | Control Fund, the dog shall be spayed or
neutered within 10 | 19 | | days of the finding at the expense of its
owner and | 20 | | microchipped, if not already, and the dog is subject to
| 21 | | enclosure. | 22 | | If an owner fails to comply with these requirements, the | 23 | | animal control agency shall impound the dog and the owner shall | 24 | | pay a $500 fine plus impoundment fees to the animal control | 25 | | agency impounding the dog. The judge has the discretion to | 26 | | order a vicious dog be euthanized. A dog found to be a vicious |
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| 1 | | dog shall not be released to the
owner until the Administrator, | 2 | | an Animal Control Warden, or the
Director approves the | 3 | | enclosure. | 4 | | No owner or
keeper of a vicious dog shall sell or give away | 5 | | the dog without
approval from the Administrator or court. | 6 | | Whenever an owner of a vicious dog relocates, he or she shall | 7 | | notify
both the
Administrator of
County
Animal Control where he | 8 | | or she has relocated and the Administrator of County
Animal | 9 | | Control where he or she formerly resided.
| 10 | | (b) It shall be unlawful for any person to keep or maintain | 11 | | any dog
which has been found to be a vicious dog unless the dog | 12 | | is
kept in an enclosure. The only times that a vicious dog may | 13 | | be allowed out
of the enclosure are (1) if it is necessary for | 14 | | the owner or keeper to
obtain veterinary care for the dog, (2) | 15 | | in the case of an emergency or
natural disaster where the
dog's | 16 | | life is threatened, or (3) to comply with the order of a
court | 17 | | of competent jurisdiction, provided that the dog is securely | 18 | | muzzled
and restrained with a leash not
exceeding 6 feet in | 19 | | length, and shall be under the direct control and
supervision | 20 | | of the owner or keeper of the dog or muzzled in its residence.
| 21 | | (b-5) If it is found at the hearing conducted under this | 22 | | Act that a dog is declared vicious and the ownership or | 23 | | possession of a dog by the person would create a significant | 24 | | threat to the public health, safety, and welfare, then the | 25 | | owner of a dog determined to be a vicious dog may be prohibited | 26 | | from owning, possessing, controlling, or having custody of any |
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| 1 | | dog for a period of up to 3 years. | 2 | | Any dog which has been found to be a vicious dog and which | 3 | | is not
confined to an enclosure shall be impounded by the | 4 | | Administrator, an Animal
Control Warden, or the law enforcement | 5 | | authority having jurisdiction in
such area.
| 6 | | (b-10) If the owner of the dog has not appealed the | 7 | | impoundment order to the
circuit court in the county in which | 8 | | the animal was impounded within 15 business
working days, the | 9 | | dog may be euthanized.
| 10 | | Upon filing a notice of appeal, the order of euthanasia | 11 | | shall be
automatically stayed pending the outcome of the | 12 | | appeal. The owner shall bear
the burden of timely notification | 13 | | to animal control in writing.
| 14 | | Guide dogs for the blind or hearing impaired, support dogs | 15 | | for the
physically handicapped, accelerant detection dogs, and | 16 | | sentry, guard, or
police-owned dogs are
exempt from this | 17 | | Section; provided, an attack or injury to a person
occurs while | 18 | | the dog is performing duties as expected. To qualify for
| 19 | | exemption under this Section, each such dog shall be currently
| 20 | | inoculated against rabies in accordance with Section 8
of this | 21 | | Act. It shall be the duty of the owner of such exempted dog to
| 22 | | notify the Administrator of changes of address. In the case of | 23 | | a sentry or
guard dog, the owner shall keep the Administrator | 24 | | advised of the location
where such dog will be stationed. The | 25 | | Administrator shall provide police
and fire departments with a | 26 | | categorized list of such exempted dogs, and
shall promptly |
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| 1 | | notify such departments of any address changes reported to him.
| 2 | | (c) If the animal control agency has custody of the dog, | 3 | | the agency may file a petition with the court requesting that | 4 | | the owner be ordered to post security. The security must be in | 5 | | an amount sufficient to secure payment of all reasonable | 6 | | expenses expected to be incurred by the animal control agency | 7 | | or animal shelter in caring for and providing for the dog | 8 | | pending the determination. Reasonable expenses include, but | 9 | | are not limited to, estimated medical care and boarding of the | 10 | | animal for 30 days. If security has been posted in accordance | 11 | | with this Section, the animal control agency may draw from the | 12 | | security the actual costs incurred by the agency in caring for | 13 | | the dog. | 14 | | (d) Upon receipt of a petition, the court must set a | 15 | | hearing on the petition, to be conducted within 5 business days | 16 | | after the petition is filed. The petitioner must serve a true | 17 | | copy of the petition upon the defendant. | 18 | | (e) If the court orders the posting of security, the | 19 | | security must be posted with the clerk of the court within 5 | 20 | | business days after the hearing. If the person ordered to post | 21 | | security does not do so, the dog is forfeited by operation of | 22 | | law and the animal control agency must dispose of the animal | 23 | | through adoption or humane euthanization.
| 24 | | (Source: P.A. 96-1171, eff. 7-22-10.)
| 25 | | (510 ILCS 5/26) (from Ch. 8, par. 376)
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| 1 | | Sec. 26. Violations; punishment. | 2 | | (a) Except as otherwise provided in this Act, any person | 3 | | violating or aiding in or abetting the violation
of any | 4 | | provision of this Act, or counterfeiting or forging any | 5 | | certificate,
permit, or tag, or making any misrepresentation in | 6 | | regard to any matter
prescribed by this Act, or resisting, | 7 | | obstructing, or impeding the
Administrator or any authorized | 8 | | officer in enforcing this Act, or refusing
to produce for | 9 | | inoculation any dog in his possession, or who removes a tag | 10 | | from
a dog for purposes of
destroying or concealing its | 11 | | identity, is guilty of a Class C misdemeanor for a
first | 12 | | offense and for a subsequent offense, is guilty of a Class B
| 13 | | misdemeanor.
| 14 | | Each day a person fails to comply constitutes a separate | 15 | | offense. Each
State's Attorney to whom the Administrator | 16 | | reports any violation of this
Act shall cause appropriate | 17 | | proceedings to be instituted in the proper
courts without delay | 18 | | and to be prosecuted in the manner provided by law.
| 19 | | (b) If the owner of a vicious dog subject to enclosure:
| 20 | | (1) fails to maintain or keep the dog in an enclosure | 21 | | or fails to spay
or neuter the dog or microchip the dog | 22 | | within the time period prescribed; and
| 23 | | (2) the dog inflicts serious physical injury upon any | 24 | | other person or causes the death of
another person; and
| 25 | | (3) the attack is unprovoked in a place where such | 26 | | person is peaceably
conducting himself or herself and where |
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| 1 | | such person may lawfully be;
| 2 | | then the Administrator shall impound and euthanize the dog and | 3 | | the owner shall
be guilty of a Class 3 felony and shall pay a | 4 | | $1,000 fine plus impoundment fees to the animal control agency | 5 | | impounding the dog; , unless the owner knowingly
allowed the
dog | 6 | | to run at large or failed to take steps to keep the dog in an | 7 | | enclosure
then the Administrator shall impound and euthanize | 8 | | the dog and the owner shall be guilty of a Class 2 felony and | 9 | | shall pay a $1,000 fine plus impoundment fees to the animal | 10 | | control agency impounding the dog . The penalty
provided in
this | 11 | | paragraph shall be in addition to any other criminal or civil | 12 | | sanction
provided by law.
| 13 | | (c) If the owner of a dangerous dog knowingly fails to | 14 | | comply with any
order
regarding the dog and the dog inflicts | 15 | | serious physical
injury on a person or a companion animal, then | 16 | | the owner shall be guilty of a Class 4 felony and shall pay a | 17 | | $1,000 fine plus impoundment fees to the animal control agency | 18 | | impounding the dangerous dog . If the
owner of a dangerous dog | 19 | | knowingly fails to comply with any order regarding the
dog and
| 20 | | the dog kills a person , then the Administrator shall impound | 21 | | and euthanize the dangerous dog and the owner shall be guilty | 22 | | of a Class 3 felony and shall pay a $1,000 fine plus | 23 | | impoundment fees to the animal control agency impounding the | 24 | | dangerous dog .
| 25 | | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05; | 26 | | 94-819, eff. 5-31-06.)
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| 1 | | (510 ILCS 5/26.01 new) | 2 | | Sec. 26.01. Reckless owners; dog ownership prohibited. No | 3 | | person may own or reside with a dog if the person has: | 4 | | (1) been convicted of a second or subsequent violation | 5 | | of Section 15.2 of this Act; | 6 | | (2) been convicted of a violation of subsection (b) of | 7 | | Section 15 of this Act or Section 12-36 of the Criminal | 8 | | Code of 1961; or | 9 | | (3) been convicted of a violation under subsections (b) | 10 | | or (c) of Section 26 of this Act. | 11 | | (510 ILCS 5/26.02 new) | 12 | | Sec. 26.02. Dog ownership prohibition review. Beginning 3 | 13 | | years after a conviction that prohibits a person from owning a | 14 | | dog, and annually thereafter, the person may request that the | 15 | | Administrator review the prohibition, violations, any criminal | 16 | | convictions, or any of the facts that the Administrator deems | 17 | | appropriate that led to the prohibition. The Administrator may | 18 | | rescind the prohibition entirely or rescind the prohibition | 19 | | with limitations. The Administrator may also establish | 20 | | conditions a person must meet before the prohibition is | 21 | | rescinded, including, but not limited to, successfully | 22 | | completing dog training or dog handling courses. If the | 23 | | Administrator rescinds a person's prohibition and the person | 24 | | subsequently fails to comply with any limitations imposed by |
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| 1 | | animal control or the person is convicted of any animal | 2 | | violation involving unjustified bites or dog attacks, then the | 3 | | Administrator may permanently prohibit the person from owning a | 4 | | dog in the county. ".
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