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| Public Act 100-0971 | ||||
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AN ACT concerning regulation.
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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 adding | ||||
Sections 2.18b and 15.5 as follows: | ||||
(510 ILCS 5/2.18b new) | ||||
Sec. 2.18b. Reckless dog owner. "Reckless dog owner" means | ||||
a person who owns a dog that while anywhere other than upon the | ||||
property of the owner, and without justification, kills another | ||||
dog that results in that dog being deemed a dangerous dog under | ||||
Section 15.1 of this Act and who knowingly allows the dog to | ||||
violate Section 9 of this Act on 2 occasions within 12 months | ||||
of the incident for which the dog was deemed dangerous or is | ||||
involved in another incident that results in the dog being | ||||
deemed dangerous on a second occasion within 24 months of the | ||||
original dangerous determination. | ||||
(510 ILCS 5/15.5 new) | ||||
Sec. 15.5. Reckless dog owner; complaint; penalty. | ||||
(a) The Administrator, State's Attorney, Director, or any | ||||
citizen may file a complaint in circuit court to determine | ||||
whether a person is a reckless dog owner. If an owner is | ||||
determined to be a reckless dog owner by clear and convincing | ||||
evidence, the court shall order the immediate impoundment and | ||
forfeiture of all dogs the reckless dog owner has a property | ||
right in. Forfeiture may be to any licensed shelter, rescue, or | ||
sanctuary. The court shall further prohibit the property right | ||
ownership of a dog by the person determined to be a reckless | ||
dog owner for a period of at least 12 months, but not more than | ||
36 months for the first reckless dog owner determination. | ||
(a-5) A dog's history during ownership by a person found to | ||
be a reckless dog owner shall not be considered conclusive of | ||
the dog's temperament and qualification for adoption or | ||
transfer. The dog's temperament shall be independently | ||
evaluated by a person qualified to conduct behavioral | ||
assessments and, if deemed adoptable, the receiving facility | ||
shall make a reasonable attempt to place the dog in another | ||
home, transfer the dog to rescue, or place the dog in a | ||
sanctuary. | ||
(b) A person who refuses to forfeit a dog under this | ||
Section is a violation which carries a public safety fine of | ||
$500 for each dog to be deposited into the Pet Population | ||
Control Fund. Each day a person fails to comply with a | ||
forfeiture or prohibition ordered under this Section shall | ||
constitute a separate offense.
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