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
3everything after the enacting clause with the following:
 
4    "Section 5. The Humane Care for Animals Act is amended by
5adding 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
8vehicle 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
11person is immune from civil liability for property damage to a
12locked vehicle when the damage results from forcible entry of
13the vehicle to remove a dog or cat from the vehicle if the
14person:
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
23any damage or deprivation of property resulting from the
24forcible entry of a vehicle for the purpose of removing a dog
25or cat from the vehicle if the person's actions constitute
26recklessness or willful or wanton misconduct with regard to the

 

 

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1entry of the vehicle.
 
2    Section 10. The Criminal Code of 2012 is amended by
3changing 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
7she:
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
7exceeding a specified value is brought, the extent of the
8damage is an element of the offense to be resolved by the trier
9of fact as either exceeding or not exceeding the specified
10value.
11    (c) It is an affirmative defense to a violation of
12paragraph (1), (3), or (5) of subsection (a) of this Section
13that the owner of the property or land damaged consented to the
14damage.
15    (c-5) It is an affirmative defense to a violation of
16paragraph (1) of subsection (a) of this Section when the damage
17to a locked vehicle results from forcible entry to remove a dog
18or 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
4or she knowingly and without authority enters any part of or
5operates any vehicle, aircraft, watercraft, or snowmobile.
6    (a-5) It is an affirmative defense to a violation of this
7Section when entry to a locked vehicle is for removal of a dog
8or 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
7misdemeanor.
8(Source: P.A. 97-1108, eff. 1-1-13.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".