Full Text of HB4191 100th General Assembly
HB4191ham002 100TH GENERAL ASSEMBLY | Rep. David S. Olsen Filed: 3/2/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4191
| 2 | | AMENDMENT NO. ______. Amend House Bill 4191 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Humane Care for Animals Act is amended by | 5 | | adding Section 7.2 as follows: | 6 | | (510 ILCS 70/7.2 new) | 7 | | Sec. 7.2. Persons removing a dog or cat from a locked | 8 | | vehicle exempt from civil liability. | 9 | | (a) In this Section, "harm" means injury or death. | 10 | | (b) Except as provided in subsection (d) of this Section, a | 11 | | person is immune from civil liability for property damage to a | 12 | | locked vehicle when the damage results from forcible entry of | 13 | | the vehicle to remove a dog or cat from the vehicle if the | 14 | | person: | 15 | | (1) determines the vehicle is locked or there is | 16 | | otherwise no reasonable method for the dog or cat to exit |
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| 1 | | the vehicle; | 2 | | (2) has a good faith belief that forcible entry into | 3 | | the vehicle is necessary because the dog or cat is in | 4 | | imminent danger of suffering harm if not immediately | 5 | | removed from the vehicle, and based upon the circumstances | 6 | | known to the person at the time, the belief is a reasonable | 7 | | one; | 8 | | (3) has made a good faith effort to contact a 9-1-1 | 9 | | emergency telephone system operator, law enforcement, or | 10 | | the fire department, and if contact is not possible prior | 11 | | to forcibly entering the vehicle, the person makes contact | 12 | | as soon as possible after forcibly entering the vehicle; | 13 | | (4) makes a good a faith effort to place a notice on | 14 | | the vehicle's windshield with the person's contact | 15 | | information, the reason entry was made, the location of the | 16 | | dog or cat, and the fact that authorities have been | 17 | | notified; | 18 | | (5) remains with the dog or cat in a safe location | 19 | | until law enforcement or emergency responders arrive; and | 20 | | (6) uses no more force than necessary to enter the | 21 | | vehicle to remove the dog or cat. | 22 | | (c) A person shall not be immune from civil liability for | 23 | | any damage or deprivation of property resulting from the | 24 | | forcible entry of a vehicle for the purpose of removing a dog | 25 | | or cat from the vehicle if the person's actions constitute | 26 | | recklessness or willful or wanton misconduct with regard to the |
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| 1 | | entry of the vehicle. | 2 | | Section 10. The Criminal Code of 2012 is amended by | 3 | | changing Sections 21-1 and 21-2 as follows: | 4 | | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| 5 | | Sec. 21-1. Criminal damage to property.
| 6 | | (a) A person commits criminal damage to property when he or | 7 | | she:
| 8 | | (1) knowingly damages any property of another;
| 9 | | (2) recklessly by means of fire or explosive damages | 10 | | property of
another;
| 11 | | (3) knowingly starts a fire on the land of another;
| 12 | | (4) knowingly injures a domestic animal of another | 13 | | without his
or her consent;
| 14 | | (5) knowingly deposits on the land or in the building | 15 | | of another any stink bomb or any offensive smelling | 16 | | compound
and thereby intends to interfere with the use by | 17 | | another of the land or
building;
| 18 | | (6) knowingly damages any property, other than as | 19 | | described in paragraph (2) of subsection (a) of
Section | 20 | | 20-1, with intent to defraud an insurer;
| 21 | | (7) knowingly shoots a firearm at any portion of a | 22 | | railroad train; | 23 | | (8) knowingly, without proper authorization, cuts, | 24 | | injures, damages, defaces, destroys, or tampers with any |
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| 1 | | fire hydrant or any public or private fire fighting | 2 | | equipment, or any apparatus appertaining to fire fighting | 3 | | equipment; or | 4 | | (9) intentionally, without proper authorization, opens | 5 | | any fire hydrant.
| 6 | | (b) When the charge of criminal damage to property | 7 | | exceeding a specified
value is brought, the extent of the | 8 | | damage is an element of the offense to
be resolved by the trier | 9 | | of fact as either exceeding or not exceeding
the specified | 10 | | value.
| 11 | | (c) It is an affirmative defense to a violation of | 12 | | paragraph (1), (3), or (5) of subsection (a) of this Section | 13 | | that the owner of the property or land damaged consented to the | 14 | | damage.
| 15 | | (c-5) It is an affirmative defense to a violation of | 16 | | paragraph (1) of subsection (a) of this Section when the damage | 17 | | to a locked vehicle results from forcible entry to remove a dog | 18 | | or cat from the vehicle if the person: | 19 | | (1) determines the vehicle is locked or there is | 20 | | otherwise no reasonable method for the dog or cat to exit | 21 | | the vehicle; | 22 | | (2) has a good faith belief that forcible entry into | 23 | | the vehicle is necessary because a dog or cat is in | 24 | | imminent danger of suffering harm if not immediately | 25 | | removed from the vehicle, and based upon the circumstances | 26 | | known to the person at the time, the belief is a reasonable |
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| 1 | | one; | 2 | | (3) has made a good faith effort to contact a 9-1-1 | 3 | | emergency telephone system operator, law enforcement, or | 4 | | the fire department, and if contact is not possible prior | 5 | | to forcibly entering the vehicle, the person makes contact | 6 | | as soon as possible after forcibly entering the vehicle; | 7 | | (4) makes a good a faith effort to place a notice on | 8 | | the vehicle's windshield with the person's contact | 9 | | information, the reason entry was made, the location of the | 10 | | dog or cat, and the fact that authorities have been | 11 | | notified; | 12 | | (5) remains with the dog or cat in a safe location | 13 | | until law enforcement or emergency responders arrive; and | 14 | | (6) uses no more force than necessary to enter the | 15 | | vehicle to remove the dog or cat. | 16 | | (d) Sentence. | 17 | | (1) A violation of subsection (a) shall have the | 18 | | following penalties: | 19 | | (A) A violation of paragraph (8) or (9) is a Class | 20 | | B misdemeanor. | 21 | | (B) A violation of paragraph (1), (2), (3), (5), or | 22 | | (6) is a Class
A misdemeanor when the damage to | 23 | | property does not exceed $500. | 24 | | (C) A violation of paragraph (1), (2), (3), (5), or | 25 | | (6) is a Class 4
felony when the damage to
property | 26 | | does not exceed $500 and the damage occurs to property |
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| 1 | | of a school
or
place of worship or to farm equipment or | 2 | | immovable items of agricultural
production, including
| 3 | | but not
limited to grain elevators, grain bins, and | 4 | | barns or property which memorializes or honors an | 5 | | individual or group of police officers, fire fighters, | 6 | | members of the United States Armed Forces, National | 7 | | Guard, or veterans. | 8 | | (D) A violation of paragraph (4) is a Class 4
| 9 | | felony when the
damage to property does not exceed | 10 | | $10,000. | 11 | | (E) A violation of paragraph (7) is a Class 4 | 12 | | felony. | 13 | | (F) A violation of paragraph (1), (2), (3), (5) or | 14 | | (6) is a Class 4 felony when the damage to property
| 15 | | exceeds $500 but does not exceed $10,000. | 16 | | (G) A violation of paragraphs (1) through (6) is a | 17 | | Class 3 felony when the damage to property exceeds $500 | 18 | | but
does not exceed $10,000 and the damage occurs to | 19 | | property of a school
or place
of worship or to farm | 20 | | equipment or immovable items of agricultural
| 21 | | production,
including
but not
limited to grain | 22 | | elevators, grain bins, and barns or property which | 23 | | memorializes or honors an individual or group of police | 24 | | officers, fire fighters, members of the United States | 25 | | Armed Forces, National Guard, or veterans. | 26 | | (H) A violation of paragraphs (1) through (6) is a |
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| 1 | | Class 3 felony when the damage to property
exceeds | 2 | | $10,000 but does not exceed $100,000. | 3 | | (I) A violation of paragraphs (1) through (6) is a | 4 | | Class 2 felony when the damage to property exceeds | 5 | | $10,000
but does not exceed $100,000 and the damage | 6 | | occurs to property of a school
or
place of worship or | 7 | | to farm equipment or immovable items
of agricultural | 8 | | production, including
but not
limited to grain | 9 | | elevators, grain bins, and barns or property which | 10 | | memorializes or honors an individual or group of police | 11 | | officers, fire fighters, members of the United States | 12 | | Armed Forces, National Guard, or veterans. | 13 | | (J) A violation of paragraphs (1) through (6) is a | 14 | | Class 2 felony when the damage to property exceeds
| 15 | | $100,000. A violation of paragraphs (1) through (6) is | 16 | | a Class 1 felony when the damage to property exceeds | 17 | | $100,000 and the damage occurs to property of
a school | 18 | | or place of worship or to farm equipment or immovable | 19 | | items
of agricultural production, including
but not
| 20 | | limited to grain elevators, grain bins, and barns or | 21 | | property which memorializes or honors an individual or | 22 | | group of police officers, fire fighters, members of the | 23 | | United States Armed Forces, National Guard, or | 24 | | veterans. | 25 | | (2) When the damage to property exceeds $10,000,
the
| 26 | | court shall impose
upon the offender a fine equal to the |
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| 1 | | value of the damages to the property.
| 2 | | (3) In addition to any other sentence that may be | 3 | | imposed, a court shall
order any person convicted of | 4 | | criminal damage to property to perform community
service | 5 | | for not less than 30 and not more than 120 hours, if | 6 | | community service
is available in the jurisdiction
and is | 7 | | funded and approved by the county board of the county where | 8 | | the
offense was committed.
In addition, whenever any person | 9 | | is placed
on supervision for an alleged offense under this | 10 | | Section, the supervision shall
be conditioned upon the | 11 | | performance of the community service.
| 12 | | The community service requirement does not apply when | 13 | | the court imposes a sentence of
incarceration.
| 14 | | (4) In addition to any criminal penalties imposed for a | 15 | | violation of this Section, if a person is convicted of or | 16 | | placed on supervision for knowingly damaging or destroying | 17 | | crops of another, including crops intended for personal, | 18 | | commercial, research, or developmental purposes, the | 19 | | person is liable in a civil action to the owner of any | 20 | | crops damaged or destroyed for money damages up to twice | 21 | | the market value of the crops damaged or destroyed. | 22 | | (5) For the purposes of this subsection (d), "farm | 23 | | equipment" means machinery
or
other equipment used in | 24 | | farming. | 25 | | (Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17 .)
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| 1 | | (720 ILCS 5/21-2) (from Ch. 38, par. 21-2)
| 2 | | Sec. 21-2. Criminal trespass to vehicles. | 3 | | (a) A person commits criminal trespass to vehicles when he | 4 | | or she knowingly and without authority enters any part of or | 5 | | operates
any vehicle, aircraft,
watercraft , or snowmobile.
| 6 | | (a-5) It is an affirmative defense to a violation of this | 7 | | Section when entry to a locked vehicle is for removal of a dog | 8 | | or cat from the vehicle if the person: | 9 | | (1) determines the vehicle is locked or there is | 10 | | otherwise no reasonable method for the dog or cat to exit | 11 | | the vehicle; | 12 | | (2) has a good faith belief that forcible entry into | 13 | | the vehicle is necessary because a dog or cat is in | 14 | | imminent danger of suffering harm if not immediately | 15 | | removed from the vehicle, and based upon the circumstances | 16 | | known to the person at the time, the belief is a reasonable | 17 | | one; | 18 | | (3) has made a good faith effort to contact a 9-1-1 | 19 | | emergency telephone system operator, law enforcement, or | 20 | | the fire department, and if contact is not possible prior | 21 | | to forcibly entering the vehicle, the person makes contact | 22 | | as soon as possible after forcibly entering the vehicle; | 23 | | (4) makes a good a faith effort to place a notice on | 24 | | the vehicle's windshield with the person's contact | 25 | | information, the reason entry was made, the location of the | 26 | | dog or cat, and the fact that authorities have been |
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| 1 | | notified; | 2 | | (5) remains with the dog or cat in a safe location | 3 | | until law enforcement or emergency responders arrive; and | 4 | | (6) uses no more force than necessary to enter the | 5 | | vehicle to remove the dog or cat. | 6 | | (b) Sentence. Criminal trespass to vehicles is a Class A | 7 | | misdemeanor. | 8 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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