Full Text of HB4761 94th General Assembly
HB4761 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4761
Introduced 01/18/06, by Rep. Mark H. Beaubien, Jr. SYNOPSIS AS INTRODUCED: |
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510 ILCS 5/2.19b |
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510 ILCS 5/15 |
from Ch. 8, par. 365 |
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Amends the Animal Control Act. Authorizes the animal control warden to find a dog vicious if (i) the dog without justification,
attacks a person and causes serious physical injury
or death, (ii) the dog is found to be a "dangerous
dog" upon 3 separate occasions, or (iii) the animal control warden determines that the dog constitutes an undue danger to the public. (now, only a circuit court may determine that a dog is "vicious"). Sets forth certain factors that must be considered in determining whether the dog is an undue danger, including: (i) the circumstances of the
dog's infraction; (ii) whether the dog's behavior was justified; (iii) the breed, prior history, and physical characteristics of the dog; (iv) the recommendation of a certified applied behaviorist, a
board certified veterinary behaviorist, or another recognized expert in
the field; (v) the report of the investigating animal control warden, deputy administrator, or law enforcement officer; and (vi) Department guidelines. Requires that the animal control warden give notice of the infraction that is the basis of the investigation to the owner and conduct a thorough investigation prior to a vicious determination. Provides that the owner of a dog found to be vicious by the animal control warden shall be subject to a fine in the amount of $5,000, for each vicious finding, to be assessed by local law enforcement. Prohibits an order that a vicious dog be euthanized without judicial review. Authorizes the State's Attorney or any citizen of the
county in
which the dog exists to file a complaint in the circuit court asking that the court find the dog to be a vicious dog. Sets forth that all costs of impoundment, disposition, boarding, medical, or other costs related to the determination shall be borne by the owner. Requires the petitioner to prove the dog is a vicious dog by clear and convincing evidence; however, if animal control warden has found the dog to be vicious then there is a mandatory presumption that the dog is vicious. Sets forth conditions for appealing vicious dog determinations. Provides that the court proceeding for determining a dog vicious shall be an available remedy in addition to and independent of the determination of the animal control warden. Authorizes the finder of fact to consider the breed of the dog in any determination as to whether an individual dog is vicious. Requires the animal control warden to follow guidelines promulgated by the Department for determining that a dog is vicious. Sets forth that in adopting the guidelines, the Department shall follow the rulemaking procedures of the Illinois Administrative Procedure Act. Makes other changes. Effective immediately.
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A BILL FOR
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HB4761 |
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LRB094 18883 RSP 54327 b |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Animal Control Act is amended by changing | 5 |
| Sections 2.19b and 15 as follows:
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| (510 ILCS 5/2.19b)
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| Sec. 2.19b. "Vicious dog" means a dog found to be vicious | 8 |
| under Section 15 of this Act
a dog that, without justification,
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| attacks a person and causes serious physical injury
or death or | 10 |
| any individual dog that has been found to be a "dangerous
dog" | 11 |
| upon 3 separate occasions .
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/15) (from Ch. 8, par. 365)
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| Sec. 15. Vicious dog determination.
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| (a) The animal control warden shall find a dog vicious if | 16 |
| (i) the dog without justification,
attacks a person and causes | 17 |
| serious physical injury
or death, (ii) the dog is found to be a | 18 |
| "dangerous
dog" upon 3 separate occasions, or (iii) the animal | 19 |
| control warden determines that the dog constitutes an undue | 20 |
| danger to the public. Factors that must be considered in | 21 |
| determining whether the dog is an undue danger include: | 22 |
| (i) the circumstances of the dog's infraction; | 23 |
| (ii) whether the dog's behavior was justified; | 24 |
| (iii) the breed, prior history, and physical | 25 |
| characteristics of the dog; | 26 |
| (iv) the testimony or written opinion of a certified | 27 |
| applied behaviorist, a board certified veterinary | 28 |
| behaviorist, or another recognized expert in the field who | 29 |
| has examined the dog; | 30 |
| (v) the recommendation of the investigating animal | 31 |
| control warden, deputy administrator, or law enforcement |
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HB4761 |
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LRB094 18883 RSP 54327 b |
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| officer; and | 2 |
| (vi) Department guidelines as provided under | 3 |
| subsection (f) of this Section. | 4 |
| No determination of "vicious" dog shall occur under this | 5 |
| Section without an animal control warden
In order to have a dog | 6 |
| deemed "vicious", the Administrator,
Deputy
Administrator,
or | 7 |
| law enforcement officer
giving
must give notice of the
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| infraction that
is the basis of the investigation to the owner | 9 |
| and conducting
, conduct a thorough
investigation of the | 10 |
| incident. The investigation shall include interviewing the | 11 |
| owner and , interview
any witnesses, including the owner,
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| gathering
gather any existing medical records,
veterinary
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| medical records , or behavioral evidence, and making
and make a | 14 |
| detailed written report . The animal control warden must make a | 15 |
| declaration, in writing, that the dog is a vicious dog.
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| recommending
a finding that the dog is a vicious dog and give | 17 |
| the report to the States
Attorney's Office and the
owner.
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| An owner of a dog found to be vicious by an animal control | 19 |
| warden under this subsection (a) shall be subject to a fine in | 20 |
| the amount of $5,000, for each vicious finding, to be assessed | 21 |
| by local law enforcement. Amounts collected pursuant to this | 22 |
| subsection shall be deposited in the county's animal control | 23 |
| fund.
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| A final vicious dog determination by the animal control | 25 |
| warden under this subsection (a) is an administrative decision | 26 |
| subject to judicial review pursuant to the provisions of the | 27 |
| Administrative Review Law, and all amendments and | 28 |
| modifications thereof, and the rules adopted pursuant thereto. | 29 |
| The term "administrative decision" is defined as in Section | 30 |
| 3-101 of the Code of Civil Procedure. | 31 |
| An order that a vicious dog be euthanized may not be issued | 32 |
| without judicial review under subsection (a-5) of this Section.
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| (a-5) The Administrator, State's Attorney , Director or any | 34 |
| citizen of the
county in
which the dog exists may file a | 35 |
| complaint in the circuit court in the name of
the People of the
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| State of
Illinois
asking that the court find the
to deem a dog |
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HB4761 |
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LRB094 18883 RSP 54327 b |
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| to be a vicious dog. | 2 |
| Testimony of a certified applied
behaviorist, a
board | 3 |
| certified veterinary behaviorist, or another recognized expert | 4 |
| may be
relevant to the
court's determination of whether the | 5 |
| dog's behavior was justified. | 6 |
| The
petitioner must
prove the dog is a vicious dog by clear | 7 |
| and convincing evidence , however, if the animal control warden | 8 |
| has found the dog to be vicious under subsection (a) of this | 9 |
| Section, then there shall be a mandatory presumption that the | 10 |
| dog is vicious . The
animal control warden
Administrator shall | 11 |
| determine where the animal shall be confined during the
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| pendency of the case. All costs of impoundment, disposition, | 13 |
| boarding, medical, or other costs related to the determination | 14 |
| of a vicious dog shall be borne by the owner if the animal is | 15 |
| found to be a vicious dog under this subsection.
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| A final vicious dog determination by the circuit court | 17 |
| under this subsection (a-5) may be appealed
pursuant to the
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| civil appeals provisions of the Illinois Supreme Court Rules. | 19 |
| If the owner of the dog has not appealed the vicious dog | 20 |
| determination within 15
working days, the dog may be | 21 |
| euthanized. Upon filing a notice of appeal, the order of | 22 |
| euthanasia shall be
automatically stayed pending the outcome of | 23 |
| the appeal. The owner shall bear
the burden of timely | 24 |
| notification to animal control in writing. The court proceeding | 25 |
| under this subsection (a-5) shall be an available remedy in | 26 |
| addition to and independent of the determination of the animal | 27 |
| control warden under subsection (a) of this Section.
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| (a-10) A dog may not be declared vicious if the court | 29 |
| determines the conduct of
the
dog was
justified because:
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| (1) the threat, injury, or death was sustained by a | 31 |
| person who at the time
was
committing a crime or offense | 32 |
| upon the owner or custodian of the dog, or was committing a | 33 |
| willful trespass or other tort upon the premises or | 34 |
| property owned or occupied by the owner of the animal;
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| (2) the injured, threatened, or killed person was | 36 |
| abusing,
assaulting,
or physically threatening the dog or |
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| its offspring, or has in the past
abused,
assaulted, or | 2 |
| physically threatened the dog or its offspring; or
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| (3) the dog was responding to pain or injury, or was | 4 |
| protecting itself, its
owner,
custodian, or member of its | 5 |
| household, kennel, or offspring. | 6 |
| Testimony of a certified applied
behaviorist, a
board | 7 |
| certified veterinary behaviorist, or another recognized expert | 8 |
| may be
relevant to the
court's determination of whether the | 9 |
| dog's behavior was justified.
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| (a-15) No dog shall be deemed "vicious" if it is a | 11 |
| professionally trained dog for
law
enforcement or guard duties. | 12 |
| Vicious dogs shall not be classified
in a manner that is | 13 |
| specific as to breed , but the breed of the dog may be relevant | 14 |
| in a determination as to whether an individual dog is vicious | 15 |
| under this Section .
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| If the burden of proof has been met, the court shall deem | 17 |
| the dog to be a
vicious dog.
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| (a-20) If a dog is found to be a vicious dog, the owner | 19 |
| shall pay a $100 public safety fine to be deposited into the | 20 |
| Pet Population Control Fund, the dog shall be spayed or
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| neutered within 10 days of the finding at the expense of its
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| owner and microchipped, if not already, and the dog is subject | 23 |
| to
enclosure. If an owner fails to comply with these | 24 |
| requirements, the animal control agency shall impound the dog | 25 |
| and the owner shall pay a $500 fine plus impoundment fees to | 26 |
| the animal control agency impounding the dog. The judge has the | 27 |
| discretion to order a vicious dog be euthanized. A dog found to | 28 |
| be a vicious dog shall not be released to the
owner until the | 29 |
| Administrator, an Animal Control Warden, or the
Director | 30 |
| approves the enclosure. No owner or
keeper of a vicious dog | 31 |
| shall sell or give away the dog without
approval from the | 32 |
| Administrator or court. Whenever an owner of a vicious dog | 33 |
| relocates, he or she shall notify
both the
Administrator of
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| County
Animal Control where he or she has relocated and the | 35 |
| Administrator of County
Animal Control where he or she formerly | 36 |
| resided.
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LRB094 18883 RSP 54327 b |
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| (b) It shall be unlawful for any person to keep or maintain | 2 |
| any dog
which has been found to be a vicious dog unless the dog | 3 |
| is
kept in an enclosure. The only times that a vicious dog may | 4 |
| be allowed out
of the enclosure are (1) if it is necessary for | 5 |
| the owner or keeper to
obtain veterinary care for the dog, (2) | 6 |
| in the case of an emergency or
natural disaster where the
dog's | 7 |
| life is threatened, or (3) to comply with the order of a
court | 8 |
| of competent jurisdiction, provided that the dog is securely | 9 |
| muzzled
and restrained with a leash not
exceeding 6 feet in | 10 |
| length, and shall be under the direct control and
supervision | 11 |
| of the owner or keeper of the dog or muzzled in its residence.
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| Any dog which has been found to be a vicious dog and which | 13 |
| is not
confined to an enclosure shall be impounded by the | 14 |
| Administrator, an Animal
Control Warden, or the law enforcement | 15 |
| authority having jurisdiction in
such area.
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| If the owner of the dog has not appealed the impoundment | 17 |
| order to the
circuit court in the county in which the animal | 18 |
| was impounded within 15
working days, the dog may be | 19 |
| euthanized.
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| Upon filing a notice of appeal, the order of euthanasia | 21 |
| shall be
automatically stayed pending the outcome of the | 22 |
| appeal. The owner shall bear
the burden of timely notification | 23 |
| to animal control in writing.
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| Guide dogs for the blind or hearing impaired, support dogs | 25 |
| for the
physically handicapped, and sentry, guard, or
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| police-owned dogs are
exempt from this Section if
; provided,
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| an attack or injury to a person
occurs while the dog is | 28 |
| performing its duties as expected. To qualify for
the exemption | 29 |
| under this paragraph
Section , each such dog shall be currently
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| inoculated against rabies in accordance with Section 8
of this | 31 |
| Act. It shall be the duty of the owner of such exempted dog to
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| notify the Administrator of changes of address. In the case of | 33 |
| a sentry or
guard dog, the owner shall keep the Administrator | 34 |
| advised of the location
where such dog will be stationed. The | 35 |
| Administrator shall provide police
and fire departments with a | 36 |
| categorized list of such exempted dogs, and
shall promptly |
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LRB094 18883 RSP 54327 b |
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| notify such departments of any address changes reported to him.
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| (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.
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| (f) The animal control warden shall follow guidelines | 25 |
| promulgated by the Department for determining that a dog is | 26 |
| vicious under subsection (a) of this Section. The purpose of | 27 |
| these guidelines shall be to promote uniformity in the | 28 |
| application of this Section. In adopting these guidelines, the | 29 |
| Department shall follow the rulemaking procedures of the | 30 |
| Illinois Administrative Procedure Act. The guidelines shall be | 31 |
| made available to the public via Department website. | 32 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law. |
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