(510 ILCS 70/1) (from Ch. 8, par. 701)
Sec. 1.
This Act shall be known and may be cited as the "Humane Care for Animals
Act".
(Source: P.A. 78-905.)
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(510 ILCS 70/2) (from Ch. 8, par. 702)
Sec. 2.
As used in this Act, unless the context otherwise requires, the terms
specified in the Sections following this Section and preceding Section 3 have the meanings ascribed to them
in those Sections.
(Source: P.A. 99-78, eff. 7-20-15.)
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(510 ILCS 70/2.01) (from Ch. 8, par. 702.01)
Sec. 2.01.
"Animal" means every living creature, domestic or wild, but does not
include man.
(Source: P.A. 78-905.)
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(510 ILCS 70/2.01a)
Sec. 2.01a.
Companion animal.
"Companion animal" means an animal that
is commonly considered to be, or is considered by the owner to be, a pet.
"Companion animal" includes, but is not limited to,
canines, felines, and equines.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/2.01b)
Sec. 2.01b.
Exigent circumstances.
"Exigent circumstances" means a
licensed veterinarian cannot be secured without undue delay and, in the
opinion of the animal control warden, animal control administrator, Department
of Agriculture investigator, approved humane investigator, or animal shelter
employee, the animal is so severely
injured, diseased, or suffering that it is unfit for any useful purpose and to
delay humane euthanasia would continue to cause the animal extreme suffering.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/2.01c)
Sec. 2.01c. Service animal. "Service animal" means an animal trained in
obedience and task skills to meet the needs of a person with a disability.
(Source: P.A. 99-143, eff. 7-27-15.)
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(510 ILCS 70/2.01d)
Sec. 2.01d.
Search and rescue dog.
"Search and rescue dog" means any dog
that is trained or is certified to locate persons lost on land or in water.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/2.01e)
Sec. 2.01e.
Animal Control Administrator.
"Animal Control Administrator"
means a veterinarian licensed by the State
of Illinois and appointed pursuant to the Animal Control Act, or his duly
authorized representative.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/2.01f)
Sec. 2.01f.
Animal control facility.
"Animal control facility" means any
facility operated by or under contract for the State, county, or any municipal
corporation or political subdivision of the State for the purpose of impounding
or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and
other animals.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/2.01g)
Sec. 2.01g.
Animal Control Warden.
"Animal Control Warden" means any
person appointed by the Administrator and approved by the Board to perform
duties as assigned by the Administrator to effectuate the Animal Control Act.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/2.01h)
Sec. 2.01h.
Animal shelter.
"Animal shelter" means a facility operated,
owned, or maintained by a duly incorporated humane society, animal welfare
society, or other non-profit organization for the purpose of providing for and
promoting the welfare, protection, and humane treatment of animals. "Animal
shelter" also means any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the Veterinary Medicine and
Surgery Practice Act of 2004 which operates for the above
mentioned purpose in
addition to its customary purposes.
(Source: P.A. 92-454, eff. 1-1-02; 93-281, eff. 12-31-03.)
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(510 ILCS 70/2.02) (from Ch. 8, par. 702.02)
Sec. 2.02.
"Department" means the Department of Agriculture.
(Source: P.A. 78-905.)
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(510 ILCS 70/2.03) (from Ch. 8, par. 702.03)
Sec. 2.03.
"Department investigator" or "approved humane investigator"
means a person employed by or approved by the Department to determine
whether there has been a violation of this Act or an animal control
warden or animal control administrator appointed under the Animal Control Act.
(Source: P.A. 87-157.)
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(510 ILCS 70/2.04) (from Ch. 8, par. 702.04)
Sec. 2.04.
"Director" means the Director of Agriculture, or his duly appointed
representative.
(Source: P.A. 78-905.)
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(510 ILCS 70/2.05) (from Ch. 8, par. 702.05)
Sec. 2.05.
"Humane society" means any chartered, not for profit organization
authorized to do business in this State and organized for the purpose of
preventing cruelty to animals and promoting humane care and treatment of
animals.
(Source: P.A. 78-905.)
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(510 ILCS 70/2.05a) (from Ch. 8, par. 702.05a)
Sec. 2.05a.
"Livestock management facility" means any on-farm animal
feeding operation, on-farm livestock shelter, or on-farm milking and accompanying
milk handling area.
(Source: P.A. 83-140.)
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(510 ILCS 70/2.06) (from Ch. 8, par. 702.06)
Sec. 2.06.
"Owner" means any person who (a) has a right of property in an animal,
(b) keeps or harbors an animal, (c) has an animal in his care, or (d) acts
as custodian of an animal.
(Source: P.A. 78-905.)
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(510 ILCS 70/2.07) (from Ch. 8, par. 702.07)
Sec. 2.07.
Person.
"Person" means any individual, minor, firm,
corporation, partnership,
other
business unit, society, association, or other legal entity, any public or
private institution, the State of Illinois, or any municipal corporation or
political subdivision of the State.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/2.08)
Sec. 2.08.
Police animal.
"Police animal" means any animal owned or used
by a law enforcement department or agency in the course of the department or
agency's work.
(Source: P.A. 90-80, eff. 7-10-97.)
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(510 ILCS 70/2.09)
Sec. 2.09.
Humanely euthanized.
"Humanely
euthanized" means the painless administration of a lethal dose of an agent or
method of euthanasia as prescribed in the Report of the American Veterinary
Medical Association Panel on Euthanasia published in the Journal of the
American Veterinary
Medical Association, March 1, 2001 (or any successor version of that Report),
that causes the painless death of an
animal. Animals must be handled prior to administration of the agent or method
of euthanasia in a manner to avoid undue apprehension by the animal.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/2.10)
Sec. 2.10.
Companion animal hoarder.
"Companion animal hoarder" means a
person who (i) possesses a large number of companion animals; (ii) fails to or
is unable to provide what he or she is required to provide under Section 3 of
this Act; (iii) keeps the companion animals in a severely overcrowded
environment; and (iv) displays an inability to recognize or understand the
nature of or has a reckless disregard for the conditions under which the
companion animals are living and the deleterious impact they have on the
companion animals' and owner's health and well-being.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/3) (from Ch. 8, par. 703)
Sec. 3. Owner's duties. (a) Each owner shall provide for each of his or her animals:
(1) a sufficient quantity of good quality, wholesome | ||
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(2) adequate shelter and protection from the weather;
(3) veterinary care when needed to prevent suffering; | ||
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(4) humane care and treatment.
(b) To lawfully tether a dog outdoors, an owner must ensure that the dog: (1) does not suffer from a condition that is known, | ||
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(2) is tethered in a manner that will prevent it from | ||
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(3) is not tethered with a lead that (i) exceeds | ||
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(4) is tethered with a lead that measures, when | ||
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(5) is tethered with a properly fitting harness or | ||
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(6) is not tethered in a manner that will allow it | ||
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(c) Subsection (b) of this Section shall not be construed to prohibit: (1) a person from walking a dog with a hand-held | ||
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(2) conduct that is directly related to the | ||
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(3) the tethering of a dog while at an organized and | ||
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(4) a dog restrained in compliance with the | ||
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(d) A person convicted of violating subsection (a) of this Section is guilty of a Class B
misdemeanor. A second or subsequent violation of subsection (a) of this Section is a Class 4 felony with every
day that a violation continues constituting a separate offense. In addition to
any other penalty provided by law, upon conviction for violating subsection (a) of this Section,
the court may order the convicted person to undergo a psychological or
psychiatric evaluation and to undergo any treatment at the convicted person's
expense that the court determines to be appropriate after due consideration of
the evaluation. If the convicted person is a juvenile or a companion animal
hoarder, the court must order the convicted person to undergo a psychological
or psychiatric evaluation and to undergo treatment that the court determines to
be appropriate after due consideration of the evaluation.
(e) A person convicted of violating subsection (b) of this Section is guilty of a Class B misdemeanor. (f) As used in this Section, "tether" means to restrain by tying to an object or structure, including, without limitation, a house, tree, fence, post, garage, shed, or clothes line at a person's residence or business, by any means, including, without limitation, a chain, rope, cord, leash, or running line. (Source: P.A. 98-101, eff. 1-1-14.)
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(510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
Sec. 3.01. Cruel treatment. (a) No person or owner may beat, cruelly treat,
torment, starve, overwork or otherwise abuse any animal.
(b) No owner may abandon any animal where it may become a public charge or
may suffer injury, hunger or exposure.
(c) No owner of a dog or cat that is a companion animal may expose the dog or cat in a manner that places the dog or cat in a life-threatening situation for a prolonged period of time in extreme heat or cold conditions that: (1) results in injury to or death of the animal; or (2) results in hypothermia, hyperthermia, frostbite, | ||
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(c-5) Nothing in this Section shall prohibit an animal from being impounded in an emergency situation under subsection (b) of Section 12 of this Act. (c-10) Nothing in this Section shall prohibit a law enforcement officer from taking temporary custody of a dog or cat that is a companion animal that is exposed in a manner that places the dog or cat in a life-threatening situation for a prolonged period of time in extreme heat or cold conditions that may result in injury or death of the dog or cat or may result in hypothermia, hyperthermia, frostbite, or similar condition. Upon taking temporary custody of the dog or cat under this subsection (c-10), the law enforcement officer shall attempt to contact the owner of the dog or cat and shall seek emergency veterinary care for the animal as soon as available. The law enforcement officer shall leave information of the location of the dog or cat if the owner cannot be reached. The owner of the dog or cat is responsible for any costs of providing care to the dog or cat. (d) A person convicted of violating this Section is guilty of a Class A
misdemeanor. A second or subsequent conviction for a violation of this Section
is a Class 4 felony. In addition to any other penalty provided by law, a person who is convicted of violating subsection (a) upon a companion animal in the presence of a child, as defined in Section 12-0.1 of the Criminal Code of 2012, shall be subject to a fine of $250 and ordered to perform community service for not less than 100 hours. In addition to any other penalty provided by law, upon
conviction for violating this Section, the court may order the convicted person
to undergo a psychological or psychiatric evaluation and to undergo any
treatment at the convicted person's expense that the court determines to be
appropriate after due consideration of the evidence. If the convicted person
is a juvenile or a companion animal hoarder, the court must order the convicted
person to undergo a psychological or psychiatric evaluation and to undergo
treatment that the court determines to be appropriate after due consideration
of the evaluation.
(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642, eff. 7-28-16; 99-782, eff. 8-12-16; 100-740, eff. 1-1-19.)
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(510 ILCS 70/3.02)
Sec. 3.02. Aggravated cruelty. (a) No person may intentionally
commit an act that causes a companion animal to suffer serious injury or
death. Aggravated cruelty does not include euthanasia of a companion animal
through recognized methods approved by the Department of Agriculture unless prohibited under subsection (b).
(b) No individual, except a licensed veterinarian as exempted under Section 3.09, may knowingly or intentionally euthanize or authorize the euthanasia of a companion animal by use of carbon monoxide. (c) A person convicted of violating Section 3.02 is guilty of a Class 4
felony. A second or subsequent violation is a Class 3 felony. In addition to
any other penalty provided by law, upon conviction for violating this Section,
the court may order the convicted person to undergo a psychological or
psychiatric evaluation and to undergo any treatment at the convicted person's
expense that the court determines to be appropriate after due consideration of
the evaluation. If the convicted person is a juvenile or a companion animal
hoarder, the court must order the convicted person to undergo a psychological
or psychiatric evaluation and to undergo treatment that the court determines to
be appropriate after due consideration of the evaluation.
(Source: P.A. 96-780, eff. 8-28-09.)
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(510 ILCS 70/3.03)
Sec. 3.03.
Animal torture.
(a) A person commits animal torture when that person without legal
justification knowingly or intentionally tortures an animal. For purposes of
this Section, and subject to subsection (b), "torture" means infliction of or
subjection to extreme physical pain, motivated by an intent to increase or
prolong the pain, suffering, or agony of the animal.
(b) For the purposes of this Section, "animal torture" does not include
any death, harm, or injury caused to any animal by any of the following
activities:
(1) any hunting, fishing, trapping, or other activity | ||
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(2) any alteration or destruction of any animal done | ||
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(3) any alteration or destruction of any animal by | ||
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(4) any other activity that may be lawfully done to | ||
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(c) A person convicted of violating this Section is guilty of a Class 3
felony. As a condition of the sentence imposed under this Section, the court
shall order the offender to undergo a psychological or psychiatric evaluation
and to undergo treatment that the court determines to be appropriate after due
consideration of the evaluation.
(Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)
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(510 ILCS 70/3.03-1)
Sec. 3.03-1. Depiction of animal cruelty.
(a) "Depiction of animal cruelty" means any visual or auditory depiction,
including any photograph, motion-picture film, video recording, electronic
image, or
sound recording, that would constitute a violation of Section 3.01, 3.02,
3.03, or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(b) No person may knowingly create, sell, market, offer to market or sell,
or possess a depiction of animal
cruelty. No person may place that depiction in commerce for commercial gain or
entertainment.
This
Section does not apply when the depiction has religious, political,
scientific,
educational, law enforcement or humane investigator training,
journalistic, artistic, or historical value; or involves rodeos, sanctioned
livestock
events, or normal husbandry practices.
The creation, sale, marketing, offering to sell or market, or possession of
the depiction of animal cruelty is
illegal
regardless of whether the maiming, mutilation, torture, wounding, abuse,
killing, or any
other conduct
took place in this State.
(c) Any person convicted of violating this Section is guilty of a Class A
misdemeanor. A second or subsequent violation is a Class 4 felony. In
addition to any other penalty provided by law, upon conviction for violating
this Section,
the court may order the convicted person to undergo a psychological or
psychiatric
evaluation and to undergo any treatment at the convicted person's expense that
the court
determines to be appropriate after due consideration of the evaluation. If the
convicted
person is a juvenile, the court shall order the convicted person to undergo a
psychological
or psychiatric evaluation and to undergo treatment that the court determines to
be
appropriate after due consideration of the evaluation.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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(510 ILCS 70/3.04)
Sec. 3.04. Arrests and seizures; penalties.
(a) Any law enforcement officer making an arrest for an offense involving
one or more companion animals under Section 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, 7.1, or 7.15 of this Act
may lawfully take possession of some or all of the companion animals in the
possession of the person arrested. The officer, after taking possession of the
companion animals, must file with the court before whom the complaint is made
against any person so arrested an affidavit stating the name of the person
charged in the complaint, a description of the condition of the companion
animal or companion animals taken, and the time and place the companion animal
or companion animals were taken, together with the name of the person from
whom the companion animal or companion animals were taken and name of the
person who claims to own the companion animal or companion animals if different
from the person from whom the companion animal or companion animals were
seized. He or she must at the same time deliver an inventory of the companion
animal or companion animals taken to the court of competent jurisdiction. The
officer must place the companion animal or companion animals in the custody of
an animal control or animal shelter and the agency must retain custody of the
companion animal or companion animals subject to an order of the court
adjudicating the charges on the merits and before which the person complained
against is required to appear for trial. If the animal control or animal shelter owns no facility capable of housing the companion animals, has no space to house the companion animals, or is otherwise unable to house the companion animals or the health or condition of the animals prevents their removal, the animals shall be impounded at the site of the violation pursuant to a court order authorizing the impoundment, provided that the person charged is an owner of the property. Employees or agents of the animal control or animal shelter or law enforcement shall have the authority to access the on-site impoundment property for the limited purpose of providing care and veterinary treatment for the impounded animals and ensuring their well-being and safety. Upon impoundment, a petition for posting of security may be filed under Section 3.05 of this Act. Disposition of the animals shall be controlled by Section 3.06 of this Act. The State's Attorney may, within 14
days after the seizure, file a "petition for forfeiture prior to trial" before
the court having criminal jurisdiction over the alleged charges, asking for
permanent forfeiture of the companion animals seized. The petition shall be
filed with the court, with copies served on the impounding agency, the owner,
and anyone claiming an interest in the animals. In a "petition for forfeiture
prior to trial", the burden is on the prosecution to prove by a preponderance
of the evidence that the person arrested violated Section 3.01, 3.02, 3.03, 3.03-1,
4.01, 4.03, 4.04, 6, 7.1, or 7.15 of this Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012.
(b) An owner whose companion animal or companion animals are removed by a
law enforcement officer under this Section must be given written notice of
the circumstances of the removal and of any legal remedies available to him
or her. The notice must be delivered in person, posted at the place of seizure, or delivered to
a person residing at the place of seizure or, if the address of the owner is
different from the address of the person from whom the companion animal or
companion animals were seized, delivered by registered mail to his or her last
known address.
(c) In addition to any other penalty provided by law, upon conviction of or being placed on supervision for
violating Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, 7.1, or 7.15 of this Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012, the court may order the
person convicted or placed on supervision to forfeit to an animal control or animal shelter
the animal
or animals that are the basis of the conviction or order for supervision. Upon an order of
forfeiture, the person convicted or placed on supervision is deemed to have permanently
relinquished all rights to the animal or animals that are the basis of the
conviction or order for supervision, if not already. The forfeited animal or animals shall be adopted or humanely
euthanized. In no event may the person convicted or placed on supervision, or anyone residing in
his or her household be permitted to adopt or otherwise possess the forfeited animal or animals.
The court, additionally, may order that the person convicted or placed on supervision, and persons
dwelling in the same household as the person convicted or placed on supervision who conspired, aided, or
abetted in the
unlawful act that was the basis of the conviction or order for supervision, or who knew or should
have known of the unlawful act, may not own, possess, harbor, or have custody or
control of any other animals for a period of time that the court deems
reasonable, up to and including permanent relinquishment.
(d) In addition to any other penalty, the court may order that a person and persons dwelling in the same household may not own, harbor, or have custody or control of any other animal if the person has been convicted of 2 or more of the following offenses: (1) a violation of Section 3.02 of this Act; (2) a violation of Section 4.01 of this Act; or (3) a violation of Section 48-1 of the Criminal Code | ||
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(e) A person who violates the prohibition against owning, possessing, harboring, having custody, or having control of
animals is subject to immediate forfeiture of any animal
illegally owned in violation of subsection (c). A person who
owns, possesses, harbors, has custody, or has control of an
animal in violation of an order issued under subsection (c) is
also subject to the civil and criminal contempt power of the
court and, if found guilty of criminal contempt, may be
subject to imprisonment for not more than 90 days, a fine of not more than $2,500, or both. (Source: P.A. 102-114, eff. 1-1-22; 103-490, eff. 8-4-23.)
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(510 ILCS 70/3.05)
Sec. 3.05. Security for companion animals and animals used for fighting
purposes. (a) In the case of companion animals as defined in Section 2.01a or animals
used for fighting purposes in violation of Section 4.01
of this Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or a violation of 3.01, 3.02, 3.03, or 7.1 of this Act, the animal
control or animal shelter having custody of the animal or animals may file a
petition with the court requesting that the person from whom the animal or
animals are seized, or the owner of the animal or animals, be ordered to post
security. The security must be in an amount sufficient to secure payment of
all reasonable expenses expected to be incurred by the animal control or animal
shelter in caring for and providing for the animal or animals pending the
disposition of the charges. Reasonable expenses include, but are not limited
to, estimated medical care and boarding of the animal or animals for 30 days.
The amount of the security shall be determined by the court after taking into
consideration all of the facts and circumstances of the case, including, but
not limited to, the recommendation of the impounding organization having
custody and care of the seized animal or animals and the cost of caring for
the animal or animals. If security has been posted in accordance with this
Section, the animal control or animal shelter may draw from the security the
actual costs incurred by the agency in caring for the seized animal or animals.
(b) Upon receipt of a petition, the court must set a hearing on the
petition, to be conducted within 5 business days after the petition is filed.
The petitioner must serve a true copy of the petition upon the defendant and
the State's Attorney for the county in which the animal or animals were seized.
The petitioner must also serve a true copy of the petition on any interested
person. For the purposes of this subsection, "interested person" means an
individual, partnership, firm, joint stock company, corporation, association,
trust, estate, or other legal entity that the court determines may have a
pecuniary interest in the animal or animals that are the subject of the
petition. The court must set a hearing date to determine any interested
parties. The court may waive for good cause shown the posting of security.
(c) If the court orders the posting of security, the security must be
posted with the clerk of the court within 5 business days after the hearing.
If the person ordered to post security does not do so, the animal or animals
are forfeited by operation of law and the animal control or animal shelter
having control of the animal or animals must dispose of the animal or animals
through adoption or must humanely euthanize the animal. In no event may the
defendant or any person residing in the defendant's household adopt the animal
or animals.
(d) The impounding organization may file a petition with the court upon the
expiration of the 30-day period requesting the posting of additional security.
The court may order the person from whom the animal or animals were seized, or
the owner of the animal or animals, to post additional security with the
clerk of the court to secure payment of reasonable expenses for an additional
period of time pending a determination by the court of the charges against the
person from whom the animal or animals were seized.
(e) In no event may the security prevent the impounding organization having
custody and care of the animal or animals from disposing of the animal or
animals before the expiration of the 30-day period covered by the security if
the court makes a final determination of the charges against the person from
whom the animal or animals were seized. Upon the adjudication of the charges,
the person who posted the security is entitled to a refund of the security, in
whole or in part, for any expenses not incurred by the impounding organization.
(f) Notwithstanding any other provision of this Section to the contrary,
the court may order a person charged with any violation of this Act to provide
necessary food, water, shelter, and care for any animal or animals that are the
basis of the charge without the removal of the animal or animals from their
existing location and until the charges against the person are adjudicated.
Until a final determination of the charges is made, any law enforcement
officer, animal control officer, Department investigator, or an approved humane
investigator may be authorized by an order of the court to make regular visits
to the place where the animal or animals are being kept to ascertain if the
animal or animals are receiving necessary food, water, shelter, and care.
Nothing in this Section prevents any law enforcement officer, Department
investigator, or approved humane investigator from applying for a warrant under
this Section to seize any animal or animals being held by the person charged
pending the adjudication of the charges if it is determined that the animal or
animals are not receiving the necessary food, water, shelter, or care.
(g) Nothing in this Act shall be construed to prevent the voluntary,
permanent relinquishment of any animal by its owner to an animal
control or animal shelter in lieu of posting security or proceeding to a
forfeiture hearing. Voluntary relinquishment shall have no effect on the
criminal charges that may be pursued by the appropriate authorities.
(h) If an owner of a companion animal is acquitted by the court of charges
made pursuant to this Act, the court shall further order that any security that
has been posted for the animal shall be returned to the owner by the impounding
organization.
(i) The provisions of this Section only pertain to companion animals and
animals used for fighting purposes.
(Source: P.A. 100-504, eff. 6-1-18.)
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(510 ILCS 70/3.06)
Sec. 3.06.
Disposition of seized companion animals and animals used for
fighting purposes.
(a) Upon the conviction of the person charged, all animals seized, if not
previously ordered forfeited or previously forfeited by operation of law, are
forfeited to the facility impounding the animals
and must be humanely euthanized or adopted. Any outstanding costs incurred by
the impounding facility for boarding and treating the animals pending the
disposition of the case and any costs incurred in disposing of the animals must
be borne by the person convicted.
(b) Any person authorized by this Section to care for an animal or animals,
to treat an animal or animals, or to attempt to restore an animal or animals to
good health and who is acting in good faith is immune from any civil or
criminal liability that may result from his or her actions.
(c) The provisions of this Section only pertain to companion animals and
animals used for fighting purposes.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/3.07)
Sec. 3.07.
Veterinarian reports; humane euthanasia.
Any veterinarian in
this State
who observes or is presented
with an animal or animals for the treatment of aggravated cruelty under Section
3.02 or torture under Section 3.03 of this Act
must file a report with the Department and cooperate with the Department by
furnishing the owner's name, the date of receipt of the animal or
animals and any treatment administered, and a description of the animal or
animals involved, including a microchip number if applicable. Any veterinarian
who in good faith makes a report, as required by this Section, has immunity
from any liability, civil, criminal, or otherwise, that may result from his or
her actions. For the purposes of any proceedings, civil or criminal, the good
faith of the veterinarian shall be presumed.
An animal control warden, animal control administrator, approved humane
investigator, or animal shelter employee may humanely euthanize severely
injured,
diseased, or suffering animals in exigent circumstances.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/3.09)
Sec. 3.09. Carbon monoxide euthanasia by a licensed veterinarian. A licensed veterinarian may euthanize a companion animal in a commercially manufactured chamber by use of compressed carbon monoxide. The veterinarian must be physically present during the euthanasia process until death is confirmed. The veterinarian must take all of the following steps when using a gas chamber: (1) Render a written opinion for each companion | ||
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(A) a description of the animal including | ||
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(B) a signed and dated statement that the use of | ||
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(2) Use a commercially manufactured chamber pursuant | ||
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(3) Only one companion animal may be euthanized at a | ||
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(Source: P.A. 96-780, eff. 8-28-09.) |
(510 ILCS 70/4) (from Ch. 8, par. 704)
Sec. 4. Prohibited acts. No person may sell, offer for sale, barter,
or give away as a pet or a novelty any rabbit or any baby chick, duckling or
other fowl which has been dyed, colored, or otherwise treated to impart an
artificial color thereto. Baby chicks or ducklings shall not be sold, offered
for sale, bartered, or given away as pets or novelties. Rabbits, ducklings
or baby chicks shall not be awarded as prizes.
No person may allow for the adoption, transfer, sale, offer for sale, barter, or give away any animal forfeited or relinquished under Section 3.04 or 3.05 of this Act to the person who forfeited the animal or a person residing in that person's household. A person convicted of violating this Section is guilty of a Class B
misdemeanor. A second or subsequent violation is a Class 4 felony, with
every day that a violation continues constituting a separate offense.
(Source: P.A. 100-504, eff. 6-1-18.)
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(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
Sec. 4.01. Animals in entertainment. This Section does not apply when
the only animals involved are dogs. (Section 48-1 of the Criminal Code of
2012, rather than this Section, applies when the only animals involved are
dogs.)
(a) No person may own, capture, breed, train, or lease any animal which he
or she knows or should know is intended for use in any show, exhibition,
program, or other activity featuring or otherwise involving a fight between
such animal and any other animal or human, or the intentional killing of any
animal for the purpose of sport, wagering, or entertainment.
(b) No person shall promote, conduct, carry on, advertise, collect money for
or in any other manner assist or aid in the presentation for purposes of sport,
wagering, or entertainment, any show, exhibition, program, or other activity
involving a fight between 2 or more animals or any animal and human, or the
intentional killing of any animal.
(c) No person shall sell or offer for sale, ship, transport, or otherwise
move, or deliver or receive any animal which he or she knows or should know
has been captured, bred, or trained, or will be used, to fight another animal
or human or be intentionally killed, for the purpose of sport, wagering, or
entertainment.
(d) No person shall manufacture for sale, shipment, transportation
or delivery any device or equipment which that person knows or should know
is intended for use in any show, exhibition, program, or other activity
featuring or otherwise involving a fight between 2 or more animals, or any
human and animal, or the intentional killing of any animal for purposes of
sport, wagering or entertainment.
(e) No person shall own, possess, sell or offer for sale, ship,
transport, or otherwise move any equipment or device which such person
knows or should know is intended for use in connection with any show,
exhibition, program, or activity featuring or otherwise involving a fight
between 2 or more animals, or any animal and human, or the intentional
killing of any animal for purposes of sport, wagering or entertainment.
(f) No person shall make available any site, structure, or facility,
whether enclosed or not, which he or she knows or should know is intended
to be used for the purpose of conducting any show, exhibition, program, or
other activity involving a fight between 2 or more animals, or any animal and
human, or the intentional killing of any animal.
(g) No person shall knowingly attend or otherwise patronize any show, exhibition,
program, or other activity featuring or otherwise involving a fight between
2 or more animals, or any animal and human, or the intentional killing of
any animal for the purposes of sport, wagering or entertainment.
(h) (Blank).
(i) Any animals or equipment involved in a violation of this Section shall
be immediately seized and impounded under Section 12 by the Department when
located at any show, exhibition, program, or other activity featuring or
otherwise involving an animal fight for the purposes of sport, wagering, or
entertainment.
(j) Any vehicle or conveyance other than a common carrier that is used
in violation of this Section shall be seized, held, and offered for sale at
public auction by the sheriff's department of the proper jurisdiction, and
the proceeds from the sale shall be remitted to the general fund of the
county where the violation took place.
(k) Any veterinarian in this State who is presented with an animal for
treatment of injuries or wounds resulting from fighting where there is a
reasonable possibility that the animal was engaged in or utilized for a
fighting event for the purposes of sport, wagering, or entertainment shall
file a report with the Department and cooperate by furnishing the owners'
names, dates, and descriptions of the animal or animals involved. Any
veterinarian who in good faith complies with the requirements of this
subsection has immunity from any liability, civil, criminal, or otherwise,
that may result from his or her actions. For the purposes of any proceedings,
civil or criminal, the good faith of the veterinarian shall be rebuttably
presumed.
(l) No person shall solicit a minor to violate this Section.
(m) The penalties for violations of this Section shall be as follows:
(1) A person convicted of violating subsection (a), | ||
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(2) A person convicted of violating subsection (d), | ||
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(3) A person convicted of violating subsection (g) of | ||
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(4) A person convicted of violating subsection (l) of | ||
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(n) A person who commits a felony violation of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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(510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
Sec. 4.02. Arrests; reports.
(a) Any law enforcement officer making an arrest for an offense involving
one or more animals under Section 4.01 of this Act or Section 48-1 of the
Criminal Code of 2012 shall lawfully take possession of all animals and all
paraphernalia, implements, or other property or things used or employed, or
about to be employed, in the violation of any of the provisions of Section
4.01 of this Act or Section 48-1 of the Criminal Code of 2012. When a
law enforcement officer has
taken possession of such animals, paraphernalia, implements or other property
or things, he or she shall file with the court before whom the complaint is
made against any person so arrested an affidavit stating therein the name of
the person charged in the complaint, a description of the property so taken
and the time and place of the taking thereof together with the name of the
person from whom the same was taken and name of the person who claims to own
such property, if different from the person from whom the animals
were seized and if known, and that the affiant has reason to believe and does
believe, stating the ground of the belief, that the animals and
property so taken were used or employed, or were about to be used or employed,
in a violation of Section 4.01 of this Act or Section 48-1 of the Criminal
Code of 2012. He or she shall thereupon deliver an inventory of the property
so taken to the court of competent jurisdiction. A law enforcement officer may
humanely euthanize animals that are severely injured.
An owner whose animals are removed for a violation of Section
4.01 of this Act or Section 48-1 of the Criminal Code of 2012 must be given
written notice of the circumstances of the removal and of any legal remedies
available to him or her. The notice must be posted at the place of seizure or
delivered to a person residing at the place of seizure or, if the address of
the owner is different from the address of the person from whom the animals were seized, delivered by registered mail to his or her last known
address.
The animal control or animal shelter having custody of the animals
may file a petition with the court requesting that the person from whom the
animals were seized or the owner of the animals be
ordered to post security pursuant to Section 3.05 of this Act.
Upon the conviction of the person so charged, all animals shall
be adopted or humanely euthanized and property so seized shall be adjudged by
the court to be forfeited. Any outstanding costs incurred by the impounding
facility in boarding and treating the animals pending the
disposition of the case and disposing of the animals upon a
conviction must be borne by the person convicted. In no event may the
animals be adopted by the defendant or anyone residing in his or
her household. If the court finds that the State either failed to prove the
criminal allegations or failed to prove that the animals were
used in fighting, the court must direct the delivery of the animals and the other property not previously forfeited to the owner of the
animals and property.
Any person authorized by this Section to care for an animal, to
treat an animal, or to attempt to restore an animal
to good health and who is acting in good faith is immune from any civil or
criminal liability that may result from his or her actions.
An animal control warden, animal control administrator, animal shelter
employee, or approved humane investigator may humanely euthanize severely
injured, diseased, or suffering animal in exigent circumstances.
(b) Any veterinarian in this State who is presented with an animal
for treatment of injuries or wounds resulting from fighting where there is
a reasonable possibility that the animal was engaged in or utilized for a
fighting event shall file a report with the Department and cooperate by
furnishing the owners' names, date of receipt of the animal or animals and
treatment administered, and descriptions of the animal or animals involved.
Any veterinarian who in good faith makes a report, as required by this
subsection (b), is immune from any liability, civil, criminal, or otherwise,
resulting from his or her actions. For the purposes of any proceedings, civil
or criminal, the good faith of any such veterinarian shall be presumed.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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(510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
Sec. 4.03.
Teasing, striking or tampering with police animals, service
animals, accelerant detection dogs, or search and rescue dogs prohibited. It shall be unlawful for any
person to willfully and maliciously taunt, torment, tease, beat, strike, or
administer or subject any desensitizing drugs, chemicals, or substance to (i)
any animal used by a law enforcement officer in the performance of his or her
functions or duties, or when placed in confinement off duty, (ii) any service
animal, (iii) any search and rescue dog, (iv) any police, service, or search
and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty. It is unlawful for any person to interfere or
meddle with (i) any animal used by a law enforcement department or agency or
any handler thereof in the performance of the functions or duties of the
department or agency, (ii) any service animal, (iii) any search and rescue dog,
(iv) any law enforcement, service, or search and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty.
Any person convicted of violating this Section is guilty of a Class A
misdemeanor. A second or subsequent violation is a Class 4 felony.
(Source: P.A. 96-1171, eff. 7-22-10.)
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(510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
Sec. 4.04. Injuring or killing police animals, service animals, accelerant detection dogs, or search
and rescue dogs prohibited.
It shall be unlawful for any person to willfully or maliciously torture,
mutilate, injure, disable, poison, or kill (i) any animal used by a law
enforcement department or agency in the performance of the functions or duties
of the department or agency or when placed in confinement off duty, (ii) any
service animal, (iii) any search and rescue dog, (iv) any law enforcement,
service, or search and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty. However, a police officer or
veterinarian may perform euthanasia in emergency situations when delay would
cause the animal undue suffering and pain.
A person convicted of violating this Section is guilty of a Class 4
felony if the animal is not killed or totally disabled; if
the animal is killed or totally disabled, the person is guilty of a Class 3 felony.
(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07; 96-1171, eff. 7-22-10.)
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(510 ILCS 70/5) (from Ch. 8, par. 705)
Sec. 5. Lame or disabled horses. No person shall sell, offer to sell,
lead, ride, transport, or drive on any public way any equidae which, because
of debility, disease, lameness or any other cause, could not be worked in
this State without violating this Act. Such equidae may
be conveyed to a proper place for medical or surgical treatment
or for humane
keeping or euthanasia.
A person convicted of violating this Section or any rule, regulation, or
order of the Department pursuant thereto is guilty of a Class A misdemeanor.
A second or subsequent violation is a Class 4 felony.
(Source: P.A. 95-2, eff. 5-24-07.)
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(510 ILCS 70/5.01)
Sec. 5.01.
Horse poling or tripping.
(a) As used in this Section:
"Pole" means to use a method of training a horse that consists of
(i) forcing, persuading, or enticing a horse to jump so that one or more of
its legs contacts an obstruction consisting of any kind of wire, or a pole,
stick, rope, or other object in which is embedded brads, nails, tacks, or other
sharp points or (ii) raising, throwing, or moving a pole, stick, wire, rope,
or other object against one or more legs of a horse while it is jumping an
obstruction so that the horse, in either case, is induced to raise its leg or
legs higher in order to clear the obstruction.
"Trip" means to use a wire, rope, pole, stick, or other object or apparatus
to cause a horse to fall or lose its balance.
(b) No person may knowingly pole or trip a horse by any means for
entertainment or sport purposes.
(c) This Section does not prohibit the lawful laying down of a horse for
medical or identification purposes.
(d) A person convicted of violating this Section is guilty of a Class A
misdemeanor. A second or subsequent violation of this Section is a Class 4
felony.
(Source: P.A. 92-650, eff. 7-11-02.)
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(510 ILCS 70/6) (from Ch. 8, par. 706)
Sec. 6.
Poisoning prohibited.
No person may knowingly poison or cause
to be poisoned any dog or other domestic animal. The only exception will be
by written permit from the Department for the purpose of controlling diseases
transmissible to humans or other animals and only when all other methods and
means have been exhausted. Such a written permit shall name the person or
persons conducting the poisoning, specify the products to be used, give the
boundaries of the area involved, and specify the precautionary measures to be
employed to insure the safety of humans and other animals.
This Section does not prohibit the use of a euthanasia drug by a
euthanasia agency for the purpose of animal euthanasia, provided that the
euthanasia drug is used by or under the direction of a licensed veterinarian
or certified euthanasia technician, all as defined in and subject to the
Humane Euthanasia in Animal Shelters Act.
A person convicted of violating this Section or any rule, regulation, or
order of the Department pursuant thereto is guilty of a Class A misdemeanor.
A second or subsequent violation is a Class 4 felony.
(Source: P.A. 92-650, eff. 7-11-02.)
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(510 ILCS 70/7) (from Ch. 8, par. 707)
Sec. 7.
Confinement or detention during transportation.
No owner, railroad or other common carrier may,
when transporting any animal, allow that animal to be confined in any type of
conveyance more than 28 consecutive hours without being exercised as necessary
for that particular type of animal and without being properly rested, fed and
watered; except that a reasonable extension of this time limit shall be granted
when a storm or accident causes a delay. In the case of default of the owner
or consignee, the company transporting the animal shall exercise the animal,
when necessary for the particular type of animal and for the proper resting,
feeding, watering and sheltering of such animal, and shall have a lien upon the
animal until all expenses resulting therefrom have been paid.
Any person who intentionally or negligently without jurisdiction of law
detains a shipment of livestock long enough to endanger the health or safety of
the livestock is liable to the owner for any diminution in the value or death
of the livestock.
Authorities detaining a livestock shipment shall give priority to the
health and safety of the animals and shall expeditiously handle any legal
violation so that the intact shipment may safely reach its designated
destination.
A person convicted of violating this Section or any rule, regulation, or
order of the Department pursuant thereto, is guilty of a Class B misdemeanor.
A second or subsequent violation is a Class 4 felony, with every day that a
violation continues constituting a separate offense.
(Source: P.A. 92-650, eff. 7-11-02.)
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(510 ILCS 70/7.1) (from Ch. 8, par. 707.1)
Sec. 7.1.
Confinement in motor vehicle.
No owner or person shall confine any animal in a motor vehicle
in such a manner that places it in a life or health threatening
situation by exposure to a prolonged period of extreme heat or cold, without
proper ventilation or other protection from such heat or cold. In order to
protect the health and safety of an animal, an animal control officer, law
enforcement officer, or Department investigator who has probable cause to
believe that this Section is being violated shall have authority to enter such
motor vehicle by any reasonable means under the circumstances after making a
reasonable effort to locate the owner or other person responsible.
A person convicted of violating this Section is guilty of a Class C
misdemeanor. A second or subsequent violation is a Class B misdemeanor.
(Source: P.A. 92-650, eff. 7-11-02.)
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(510 ILCS 70/7.5)
Sec. 7.5. Downed animals.
(a) For the purpose of this Section a downed animal is one incapable of
walking without assistance.
(b) No downed animal shall be sent to a stockyard, auction, or other
facility where its impaired mobility may result in suffering. An injured
animal other than those of the equine genus may be sent directly to a slaughter facility.
(c) A downed animal sent to a stockyard, auction, or other facility in
violation of this Section shall be humanely euthanized, the disposition of such
animal shall be the responsibility of the owner, and the owner shall be liable
for any expense incurred.
If an animal becomes downed in transit it shall be the responsibility of the
carrier.
(d) A downed animal shall not be transported unless individually
segregated.
(e) A person convicted of violating this Section or any rule,
regulation, or order of the Department pursuant thereto is guilty of a
Class B misdemeanor. A second or subsequent violation is a Class 4 felony,
with every day that a violation continues constituting a separate offense.
(Source: P.A. 95-2, eff. 5-24-07.)
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(510 ILCS 70/7.15)
Sec. 7.15. Guide, hearing, and support dogs.
(a) A person may not willfully and maliciously annoy, taunt, tease, harass,
torment, beat, or strike a guide, hearing, or support dog or otherwise engage
in any conduct directed toward a guide, hearing, or support dog that is likely
to impede or interfere with the dog's performance of its duties or that places
the blind, hearing impaired, or person with a physical disability being served or
assisted by the dog in danger of injury.
(b) A person may not willfully and maliciously torture, injure, or kill a
guide, hearing, or support dog.
(c) A person may not willfully and maliciously permit a dog that is owned,
harbored, or controlled by the person to cause injury to or the death of a
guide, hearing, or support dog while the guide, hearing, or support dog is in
discharge of its duties.
(d) A person convicted of violating this Section is guilty of a Class A
misdemeanor. A second or subsequent violation is a Class 4 felony. A person
convicted of violating subsection (b) or (c) of this Section is guilty of a
Class 4 felony if the dog is killed or totally disabled, and may be ordered
by the court to make restitution to the person with a disability having custody or
ownership of the dog for veterinary bills and replacement costs of the dog.
(Source: P.A. 99-143, eff. 7-27-15.)
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(510 ILCS 70/8) (from Ch. 8, par. 708)
Sec. 8. Rulemaking.
The Department shall administer this Act and shall promulgate such rules
and regulations as are necessary to effectuate the purposes of this Act.
Such rules and regulations are subject to the approval of the Advisory
Board of Livestock Commissioners. No later than 6 months after the effective date of this amendatory Act of the 96th General Assembly, the Department shall adopt rules defining the "recognized methods for the humane euthanasia of companion animals" referred to in subsection (a) of Section 3.02 of this Act.
The Director may, in formulating rules and regulations pursuant to this
Act, seek the advice and recommendations of humane societies in this State.
(Source: P.A. 96-780, eff. 8-28-09.)
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(510 ILCS 70/9) (from Ch. 8, par. 709)
Sec. 9.
Humane investigators; qualifications.
The Department shall, by rule or regulation, establish reasonable
qualifications for approved humane investigators and shall maintain a
current listing of all approved humane investigators which shall be
available for public inspection. These qualifications shall
include, but
need not be limited to, a knowledge of the provisions of this Act and its rules and regulations and expertise in the
investigation of complaints relating to the care and treatment of animals.
Persons designated as humane investigators shall cooperate, when requested,
in
completing routine investigations and filing reports of violations of this Act
received by the Department.
Employees of the Department may be assigned as Department investigators.
(Source: P.A. 88-600, eff. 9-1-94.)
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(510 ILCS 70/10) (from Ch. 8, par. 710)
Sec. 10.
Investigation of complaints.
(a) Upon receiving a complaint of a suspected violation of this Act, a
Department investigator, any law enforcement official, or an approved
humane investigator may, for the purpose of investigating the allegations
of the complaint, enter during normal business hours upon any premises
where the animal or animals described in the complaint are housed or kept,
provided such entry shall not be made into any building which is a person's
residence, except by search warrant or court order.
Institutions operating under federal license to conduct laboratory
experimentation utilizing animals for research or medical purposes are,
however, exempt from the provisions of this Section. State's Attorneys and
law enforcement officials shall provide such assistance as may be required
in the conduct of such investigations. Any such investigation requiring
legal procedures shall be immediately reported to the Department.
No employee or representative of the Department shall enter a livestock
management facility unless sanitized footwear is used, or unless the owner
or operator of the facility waives this requirement. The employee or
representative must also use any other reasonable disease prevention
procedures or equipment provided by the owner or operator of the facility.
The animal control administrator and animal control wardens appointed under
the Animal Control Act shall be authorized to make investigations complying
with this Section for alleged violations of Sections 3, 3.01,
3.02, and 3.03 pertaining
to companion animals. The animals
impounded shall remain under the jurisdiction of the animal control
administrator and be held in an animal shelter licensed under the
Animal
Welfare Act.
(b) Any veterinarian acting in good faith is immune
from any civil or criminal liability resulting from his or her actions under
this
Section. The good faith on the part of the
veterinarian is presumed.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/11) (from Ch. 8, par. 711)
Sec. 11.
(a) If an investigation under Section 10 discloses that a
violation of this Act has been committed, the approved humane investigator
shall furnish the
violator, if known, with a notice of violation, and state what action
is necessary to come into compliance with this Act and that a maximum of
48 hours may be granted in which to take corrective action.
(b) If the violator fails or refuses to take corrective action necessary
for compliance or if the violator is still unknown after an attempt to identify
ownership, the humane investigator shall contact the Department and request
authorization to impound the animal or animals. The Department will authorize
impoundment if a review of facts gathered by the humane investigator indicates
a violation of Section 3 of this Act has occurred and the violator, if known,
has failed or refused to take corrective action necessary for compliance.
This Section shall not apply to violations committed
under Section 4.01 of this Act.
(Source: P.A. 83-649.)
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(510 ILCS 70/12) (from Ch. 8, par. 712)
Sec. 12.
Impounding animals; notice of impoundment.
(a) When an approved humane investigator, a Department investigator or a
veterinarian finds that a violation of this Act has rendered an animal in
such a condition that no remedy or corrective action by the owner is
possible, the Department must impound or order the impoundment of the animal.
If the violator
fails or refuses to
take corrective action necessary for compliance with Section 11 of this Act,
the Department may impound the animal. If the animal is ordered
impounded, it
shall be impounded in a
facility or at another location where the
elements of good care as set forth in Section 3 of this Act can be
provided, and where such
animals shall be examined and treated by a licensed veterinarian or, if
the animal is severely injured, diseased, or suffering, humanely euthanized.
Any expense incurred in the impoundment shall become a lien on the animals.
(b) Emergency impoundment may be exercised in a life-threatening situation
and the subject animals shall be conveyed directly to a licensed veterinarian
for medical services necessary to sustain life or to be humanely euthanized as
determined by the veterinarian. If such emergency procedure is taken by an
animal control officer, the Department shall be notified.
(c) A notice of impoundment shall be given by the investigator
to the violator, if known, in person or sent by certified or registered
mail.
If the investigator is not able to serve the violator in person or by
registered or
certified mail, the notice may be given by publication in a newspaper of
general
circulation in the county in which the violator's last known address is
located.
A copy of the notice shall be retained by the investigator
and a copy forwarded immediately to the Department. The notice of impoundment
shall include the following:
(1) A number assigned by the Department which will | ||
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(2) Listing of deficiencies noted.
(3) An accurate description of the animal or animals | ||
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(4) Date on which the animal or animals were | ||
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(5) Signature of the investigator.
(6) A statement that: "The violator may request a | ||
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If a hearing is requested by any owner of impounded animals, the Hearing
Officer shall, after hearing the testimony of all
interested
parties, render a decision within 5 business days regarding
the disposition of the impounded animals.
This decision by the Hearing Officer shall have no effect on the criminal
charges that may be filed with the appropriate authorities.
If an owner of a companion animal or animal used for fighting purposes
requests a hearing, the animal control or animal shelter having
control of the animal or animals may file a petition with the court in the
county where the impoundment took place requesting that the person from whom
the animal or animals were seized or the owner of the animal or animals be
ordered to post security pursuant to subsections (a) and (b) of Section 3.05
of this Act.
If the court orders the posting of security, the security must be posted
with the clerk of the court within 5 business days after the hearing. If the
person ordered to post security does not do so, the court must order the
Department of Agriculture to hold a hearing on the impoundment within 5
business days. If, upon final administrative or judicial determination, it is
found that it is not in the best
interest of the animal or animals to be returned to the person from whom
it was seized, the animal or animals are forfeited to the animal control or
animal shelter having control of the animal or animals. If no petition for the
posting of security is filed or a
petition was filed and granted but the person failed to post security, any
expense incurred in the impoundment shall remain outstanding until satisfied by
the owner or the person from whom the animal or animals were impounded.
When
the impoundment is not appealed, the animal or animals are forfeited and the
animal control or animal shelter in charge of the animal or animals may
lawfully
and without liability provide for adoption of the animal or animals by a person
other than the person who forfeited the animal or animals, or any person or
persons dwelling in the same household as the person who forfeited the animal
or animals, or it may humanely euthanize the animal or animals.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/13) (from Ch. 8, par. 713)
Sec. 13.
Nothing in this Act affects normal, good husbandry practices utilized
by any person in the production of food, companion or work animals, or
in the extermination of undesirable pests. In case of any alleged
conflict between this Act, or regulations adopted hereunder, and the
"Wildlife Code of Illinois" or "An Act to define and require the use of
humane methods in the handling, preparation for slaughter, and slaughter
of livestock for meat or meat products to be offered for sale", approved
July 26, 1967, as amended, the provisions of those Acts shall prevail.
(Source: P.A. 81-358.)
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(510 ILCS 70/14) (from Ch. 8, par. 714)
Sec. 14.
Any person affected by a final administrative decision of the Department
may have such decision reviewed judicially by the circuit court of the
county wherein the person resides, or in the case of a corporation, the
county where its registered office is located. If the plaintiff in the
review proceeding is not a resident of this State, the venue shall be in
Sangamon County. The Administrative Review Law, and
all amendments and modifications thereof, and the rules adopted pursuant
thereto, apply to and govern all proceedings for the judicial review of
final administrative decisions of the Department hereunder. The term
"administrative decision" is defined in Section 3-101 of the Code of Civil Procedure.
The Department may not be required to certify the record of the
proceeding unless the plaintiff in the review proceedings first pays the
sum of 75¢ per page of such record. Exhibits shall be certified without
cost.
(Source: P.A. 82-783.)
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(510 ILCS 70/15) (from Ch. 8, par. 715)
Sec. 15.
If any provision of this Act is declared unconstitutional, or the
applicability thereof to any person or circumstance is held invalid, by a
court of competent jurisdiction, the constitutionality of the remainder of
this Act and the applicability thereof to other persons and circumstances
shall not be affected thereby.
(Source: P.A. 78-905.)
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(510 ILCS 70/16)
Sec. 16. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 95-560, eff. 8-30-07.)
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(510 ILCS 70/16.1)
Sec. 16.1.
Defenses.
It is not a defense to violations of this Act for the
person committing
the violation to assert that he or she had rights of ownership in the animal
that was the victim of the violation.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/16.2)
Sec. 16.2.
Corporations.
Corporations may be charged with violations of
this Act for the acts of their employees or agents who violate this Act in the
course of their employment or agency.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/16.3)
Sec. 16.3. Civil actions. Any person who has a right of ownership in an animal that is subjected
to an act of aggravated cruelty under Section 3.02 or torture under Section
3.03 in violation of this Act
or in an animal that is injured or killed as a result of actions taken by a
person who acts in
bad faith under subsection (b) of Section 3.06 or under Section 12 of this Act
may bring a
civil action
to recover the damages sustained by that owner. Damages may include, but are
not limited to, the monetary value of the animal, veterinary expenses incurred
on behalf of the animal, any other expenses incurred by the owner in rectifying
the effects of the cruelty, pain, and suffering of the animal, and emotional
distress suffered by the owner. In addition to damages that may be proven, the
owner is also entitled to punitive or exemplary damages of not less than $500
but not more than $25,000 for each act of abuse or neglect to which the
animal was subjected. In addition, the court must award reasonable
attorney's fees and costs actually incurred by the owner in the prosecution of
any action under this Section.
The remedies provided in this Section are in
addition to any other remedies allowed by law.
In an action under this
Section, the court may enter any injunctive orders reasonably necessary to
protect animals from any further acts of abuse, neglect, or harassment by a
defendant.
The statute of limitations for a violation of this Act
is 2 years.
(Source: P.A. 95-868, eff. 8-20-08.)
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(510 ILCS 70/16.4)
Sec. 16.4.
Illinois Animal Abuse Fund.
The Illinois Animal Abuse Fund is
created as a special fund in the State treasury. Moneys in the Fund may be
used, subject to appropriation, by the Department of Agriculture to investigate
animal abuse and neglect under this Act.
(Source: P.A. 92-454, eff. 1-1-02.)
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(510 ILCS 70/16.5) Sec. 16.5. Emergency care to an animal; immunity from civil liability. Any person, including without limitation any person licensed under the Veterinary Medicine and Surgery Practice Act of 2004 or licensed as a veterinarian in any other state or territory of the United States, who in good faith provides emergency care or treatment without fee to an injured animal or an animal separated from its owner due to an emergency or a disaster is not liable for civil damages as a result of his or her acts or omissions in providing or arranging further care or treatment, except for willful or wanton misconduct.
(Source: P.A. 95-868, eff. 8-20-08.) |
(510 ILCS 70/17)
Sec. 17. Penalties. (a) Any person convicted of any act of abuse or neglect
or of violating any other provision of this Act,
for which a penalty is not otherwise provided, or any rule, regulation, or order of the Department pursuant thereto, is
guilty of a Class B misdemeanor. A second or subsequent violation
is a Class 4 felony with every day that a violation continues
constituting a separate offense. (b) The Department may enjoin a person from a continuing violation of this Act.
(Source: P.A. 95-560, eff. 8-30-07.) |
(510 ILCS 70/18) Sec. 18. Cross-reporting. (a) An animal control officer, Department investigator, or approved humane investigator who has reasonable cause to suspect or believe that a child is being abused or neglected or is in danger of being abused or neglected must immediately make a written or oral report to the Department of Children and Family Services. (b) Investigation Specialists, Intact Family Specialists, and Placement Specialists employed by the Department of Children and Family Services who reasonably believe that an animal observed by them when in their professional or official capacity is being abused or neglected in violation of this Act must immediately make a written or oral report to the Department of Agriculture's Bureau of Animal Health and Welfare. However, the Department of Children and Family Services may not discipline an Investigation Specialist, an Intact Family Specialist, or a Placement Specialist for failing to make such a report if the Specialist determines that making the report would interfere with the performance of his or her child welfare protection duties. (c) Except for willful and wanton misconduct, any person, institution, or agency described in subsection (a) or (b), participating in good faith in the making of a report or referral, or in the investigation of such a report or referral, or in making a disclosure of information concerning reports of abuse or neglect under this Act, shall have immunity from any liability, civil, criminal, or otherwise, that might result by reason of such actions. (d) The identity of any person who reports animal abuse or neglect under subsection (a) or (b) shall be confidential and shall not be disclosed except as specifically authorized by this Act or other applicable law. (e) A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 96-494, eff. 8-14-09.) |