Full Text of HB3731 100th General Assembly
HB3731ham001 100TH GENERAL ASSEMBLY | Rep. Martin J. Moylan Filed: 3/15/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3731
| 2 | | AMENDMENT NO. ______. Amend House Bill 3731 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as Draco's Law. | 5 | | Section 5. The Humane Care for Animals Act is amended by | 6 | | changing Section 4.04 and 7.15 as follows:
| 7 | | (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
| 8 | | Sec. 4.04. Injuring or killing police animals, service | 9 | | animals, accelerant detection dogs, or search
and rescue dogs | 10 | | prohibited.
| 11 | | (a) It shall be unlawful for any person to willfully or | 12 | | maliciously torture,
mutilate, injure, disable, poison, or | 13 | | kill (i) any animal used by a law
enforcement department or | 14 | | agency in the performance of the functions or duties
of the | 15 | | department or agency or when placed in confinement off duty, |
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| 1 | | (ii) any
service animal, (iii) any search and rescue dog, (iv) | 2 | | any law enforcement,
service, or search and rescue animal in | 3 | | training, or (v) any accelerant detection canine used by a fire | 4 | | officer for arson investigations in the performance of his or | 5 | | her functions or while off duty. However, a police officer or
| 6 | | veterinarian may perform euthanasia in emergency situations | 7 | | when delay would
cause the animal undue suffering and pain.
| 8 | | A person convicted of violating this subsection Section is | 9 | | guilty of a Class 3 4
felony if the animal is not killed or | 10 | | totally disabled; if
the animal is killed or totally disabled, | 11 | | the person is guilty of a Class 2 3 felony.
| 12 | | (b) A person who kills or severely injures (i) any animal | 13 | | used by a law enforcement department or agency in the | 14 | | performance of the functions or duties of the department or | 15 | | agency when placed off duty, (ii) any service animal, (iii) any | 16 | | search and rescue dog, (iv) any law enforcement, service, or | 17 | | search and rescue animal in training, or (v) any accelerant | 18 | | detection canine used by a fire officer for arson | 19 | | investigations in the performance of his or her functions or | 20 | | while off duty, while he or she is in the commission of a | 21 | | felony, is guilty of a Class 2 felony. | 22 | | (c) If the offender is found to be guilty under this | 23 | | Section, the offender shall be responsible for any veterinarian | 24 | | bills for an animal that was injured, and training costs for | 25 | | another animal, if the animal injured or killed is no longer | 26 | | able to be in service. |
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| 1 | | (d) A person is not in violation of this Section if the | 2 | | animal used by a law enforcement department or agency was used | 3 | | against the person in violation of the law enforcement | 4 | | department or agency's use of force continuum or policy. | 5 | | (Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07; | 6 | | 96-1171, eff. 7-22-10.)
| 7 | | (510 ILCS 70/7.15)
| 8 | | Sec. 7.15. Guide, hearing, and support dogs.
| 9 | | (a) A person may not willfully and maliciously annoy, | 10 | | taunt, tease, harass,
torment, beat, or strike a guide, | 11 | | hearing, or support dog or otherwise engage
in any conduct | 12 | | directed toward a guide, hearing, or support dog that is likely
| 13 | | to impede or interfere with the dog's performance of its duties | 14 | | or that places
the blind, hearing impaired, or person with a | 15 | | physical disability being served or
assisted by the dog in | 16 | | danger of injury.
| 17 | | (b) A person may not willfully and maliciously torture, | 18 | | injure, or kill a
guide, hearing, or support dog.
| 19 | | (c) A person may not willfully and maliciously permit a dog | 20 | | that is owned,
harbored, or controlled by the person to cause | 21 | | injury to or the death of a
guide, hearing, or support dog | 22 | | while the guide, hearing, or support dog is in
discharge of its | 23 | | duties .
| 24 | | (c-5) A person may not recklessly permit a dog that is | 25 | | owned, harbored, or controlled by the person and off its |
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| 1 | | owner's property or at large to cause injury to or the death of | 2 | | a guide, hearing, or support dog. | 3 | | (d) A person convicted of violating this Section is guilty | 4 | | of a Class A
misdemeanor. A second or subsequent violation is a | 5 | | Class 4 felony. A person
convicted of violating subsection (b) | 6 | | or (c) of this Section is guilty of a
Class 4 felony if the dog | 7 | | is killed or totally disabled, and may be ordered
by the court | 8 | | to make restitution to the person with a disability having | 9 | | custody or
ownership of the dog for veterinary bills and | 10 | | replacement costs of the dog. A person convicted of violating | 11 | | subsection (c-5) of this Section is guilty of a petty offense | 12 | | if the dog is not killed or totally disabled. A person | 13 | | convicted of violating subsection (c-5) of this Section is | 14 | | guilty of a Class C misdemeanor if the dog is killed or totally | 15 | | disabled, and may be ordered by the court to make restitution | 16 | | to the person with a disability having custody or ownership of | 17 | | the dog for veterinary bills and replacement costs of the dog. | 18 | | A person convicted of a second or subsequent violation of | 19 | | subsection (c-5) of this Section is guilty of a Class 4 felony | 20 | | if the dog is killed or totally disabled, and may be ordered by | 21 | | the court to make restitution to the person with a disability | 22 | | having custody or ownership of the dog for veterinary bill and | 23 | | replacement costs of the dog. The remedies provided in this | 24 | | Section are in addition to any other remedies provided by law.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15.)".
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