101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5530

 

Introduced , by Rep. Yehiel M. Kalish

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 205/205-203 new
725 ILCS 5/Art. 113A heading new
725 ILCS 5/113A-1 new

    Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of a case involving the injury, health, or safety of a cat or dog, the court may, on its own motion or motion of any party, appoint a special advocate to assist the court, as deemed appropriate by the court, and represent the interests of justice regarding the health or safety of the cat or dog. Amends the Civil Administrative Code of Illinois Department of Agriculture Law. Provides that the Department of Agriculture shall compile a list comprised of pro bono attorneys and law students from each county who may serve as special advocates for these cases.


LRB101 16770 RLC 66163 b

 

 

A BILL FOR

 

HB5530LRB101 16770 RLC 66163 b

1    AN ACT concerning special advocates in animal cases.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Agriculture Law of the Civil
5Administrative Code of Illinois is amended by adding Section
6205-203 as follows:
 
7    (20 ILCS 205/205-203 new)
8    Sec. 205-203. Compilation of special advocates for animal
9cases. The Department of Agriculture shall compile a list of
10pro bono attorneys and law students from each county who may
11serve as special advocates in the prosecution of cases
12involving the injury, health, or safety of a cat or dog as
13provided in Section 113A-1 of the Code of Criminal Procedure of
141963. In this Section, "law student" means a law student
15licensed under Supreme Court Rule 711 or attached to a legal
16aid bureau, legal assistance program, organization, or clinic
17chartered by this State or approved by a law school approved by
18the American Bar Association.
 
19    Section 10. The Code of Criminal Procedure of 1963 is
20amended by adding Article 113A as follows:
 
21    (725 ILCS 5/Art. 113A heading new)

 

 

HB5530- 2 -LRB101 16770 RLC 66163 b

1
ARTICLE 113A. SPECIAL ADVOCATES

 
2    (725 ILCS 5/113A-1 new)
3    Sec. 113A-1. Special advocates.
4    (a) In a prosecution of a case involving the injury,
5health, or safety of a cat or dog, the court may, on its own
6motion or motion of any party, appoint a special advocate to
7assist the court, as deemed appropriate by the court, and
8represent the interests of justice regarding the health or
9safety of the cat or dog. If the court appoints a special
10advocate in the case, the court may consult with a list of pro
11bono attorneys and law students compiled by the Department of
12Agriculture for that purpose.
13    (b) The advocate may:
14        (1) monitor the case;
15        (2) consult any person with information that could aid
16    the court and review records relating to the condition of
17    the cat or dog and the defendant's actions, including, but
18    not limited to, records from animal control officers,
19    veterinarians, and police officers;
20        (3) attend hearings; and
21        (4) present information or recommendations to the
22    court pertinent to determinations that relate to the
23    interests of justice, provided that information shall be
24    based solely on the duties undertaken under this subsection
25    (b).