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).