101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1312

 

Introduced 2/7/2019, by Sen. Jason Plummer

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/7.2 new
720 ILCS 5/21-1  from Ch. 38, par. 21-1
720 ILCS 5/21-2  from Ch. 38, par. 21-2

    Amends the Humane Care for Animals Act. Provides that a person is immune from civil liability for property damage to a locked vehicle when the damage results from forcible entry of the vehicle to remove a dog or cat from the vehicle if certain circumstances occur. Amends the Criminal Code of 2012. Provides that it is an affirmative defense from criminal damage to property or criminal trespass to vehicles if the entry or damage to the locked vehicle results from removing a dog or cat from the vehicle if certain circumstances occur. Effective immediately.


LRB101 09356 SLF 54452 b

 

 

A BILL FOR

 

SB1312LRB101 09356 SLF 54452 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Humane Care for Animals Act is amended by
5adding Section 7.2 as follows:
 
6    (510 ILCS 70/7.2 new)
7    Sec. 7.2. Persons removing a dog or cat from a locked
8vehicle exempt from civil liability.
9    (a) In this Section, "harm" means injury or death.
10    (b) Except as provided in this Section, a person is immune
11from civil liability for property damage to a locked vehicle
12when the damage results from forcible entry of the vehicle to
13remove a dog or cat from the vehicle if the person:
14        (1) determines the vehicle is locked or there is
15    otherwise no reasonable method for the dog or cat to exit
16    the vehicle;
17        (2) has a good faith belief that forcible entry into
18    the vehicle is necessary because the dog or cat is in
19    imminent danger of suffering harm if not immediately
20    removed from the vehicle, and based upon the circumstances
21    known to the person at the time, the belief is a reasonable
22    one;
23        (3) has made a good faith effort to contact a 9-1-1

 

 

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1    emergency telephone system operator, law enforcement, or
2    the fire department, and if contact is not possible prior
3    to forcibly entering the vehicle, the person makes contact
4    as soon as possible after forcibly entering the vehicle;
5        (4) makes a good a faith effort to place a notice on
6    the vehicle's windshield with the person's contact
7    information, the reason entry was made, the location of the
8    dog or cat, and the fact that authorities have been
9    notified;
10        (5) remains with the dog or cat in a safe location
11    until law enforcement or emergency responders arrive; and
12        (6) uses no more force than necessary to enter the
13    vehicle to remove the dog or cat.
14    (c) Nothing in this Section effects the person's civil
15liability if the person attempts to render aid to the animal in
16addition to what is authorized under this Section.
17    (d) A person shall not be immune from civil liability for
18any damage or deprivation of property resulting from the
19forcible entry of a vehicle for the purpose of removing a dog
20or cat from the vehicle if the person's actions constitute
21recklessness or willful or wanton misconduct with regard to the
22entry of the vehicle.
 
23    Section 10. The Criminal Code of 2012 is amended by
24changing Sections 21-1 and 21-2 as follows:
 

 

 

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1    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
2    Sec. 21-1. Criminal damage to property.
3    (a) A person commits criminal damage to property when he or
4she:
5        (1) knowingly damages any property of another;
6        (2) recklessly by means of fire or explosive damages
7    property of another;
8        (3) knowingly starts a fire on the land of another;
9        (4) knowingly injures a domestic animal of another
10    without his or her consent;
11        (5) knowingly deposits on the land or in the building
12    of another any stink bomb or any offensive smelling
13    compound and thereby intends to interfere with the use by
14    another of the land or building;
15        (6) knowingly damages any property, other than as
16    described in paragraph (2) of subsection (a) of Section
17    20-1, with intent to defraud an insurer;
18        (7) knowingly shoots a firearm at any portion of a
19    railroad train;
20        (8) knowingly, without proper authorization, cuts,
21    injures, damages, defaces, destroys, or tampers with any
22    fire hydrant or any public or private fire fighting
23    equipment, or any apparatus appertaining to fire fighting
24    equipment; or
25        (9) intentionally, without proper authorization, opens
26    any fire hydrant.

 

 

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1    (b) When the charge of criminal damage to property
2exceeding a specified value is brought, the extent of the
3damage is an element of the offense to be resolved by the trier
4of fact as either exceeding or not exceeding the specified
5value.
6    (c) It is an affirmative defense to a violation of
7paragraph (1), (3), or (5) of subsection (a) of this Section
8that the owner of the property or land damaged consented to the
9damage.
10    (c-5) It is an affirmative defense to a violation of
11paragraph (1) of subsection (a) when the damage to a locked
12vehicle results from forcible entry to remove a dog or cat from
13the vehicle if the person:
14        (1) determines the vehicle is locked or there is
15    otherwise no reasonable method for the dog or cat to exit
16    the vehicle;
17        (2) has a good faith belief that forcible entry into
18    the vehicle is necessary because a dog or cat is in
19    imminent danger of suffering harm if not immediately
20    removed from the vehicle, and based upon the circumstances
21    known to the person at the time, the belief is a reasonable
22    one;
23        (3) has made a good faith effort to contact a 9-1-1
24    emergency telephone system operator, law enforcement, or
25    the fire department, and if contact is not possible prior
26    to forcibly entering the vehicle, the person makes contact

 

 

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1    as soon as possible after forcibly entering the vehicle;
2        (4) makes a good a faith effort to place a notice on
3    the vehicle's windshield with the person's contact
4    information, the reason entry was made, the location of the
5    dog or cat, and the fact that authorities have been
6    notified;
7        (5) remains with the dog or cat in a safe location
8    until law enforcement or emergency responders arrive; and
9        (6) uses no more force than necessary to enter the
10    vehicle to remove the dog or cat.
11    Nothing in this Section effects the person's criminal
12liability if the person attempts to render aid to the animal in
13addition to what is authorized under this Section.
14    (d) Sentence.
15        (1) A violation of subsection (a) shall have the
16    following penalties:
17            (A) A violation of paragraph (8) or (9) is a Class
18        B misdemeanor.
19            (B) A violation of paragraph (1), (2), (3), (5), or
20        (6) is a Class A misdemeanor when the damage to
21        property does not exceed $500.
22            (C) A violation of paragraph (1), (2), (3), (5), or
23        (6) is a Class 4 felony when the damage to property
24        does not exceed $500 and the damage occurs to property
25        of a school or place of worship or to farm equipment or
26        immovable items of agricultural production, including

 

 

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1        but not limited to grain elevators, grain bins, and
2        barns or property which memorializes or honors an
3        individual or group of police officers, fire fighters,
4        members of the United States Armed Forces, National
5        Guard, or veterans.
6            (D) A violation of paragraph (4) is a Class 4
7        felony when the damage to property does not exceed
8        $10,000.
9            (E) A violation of paragraph (7) is a Class 4
10        felony.
11            (F) A violation of paragraph (1), (2), (3), (5) or
12        (6) is a Class 4 felony when the damage to property
13        exceeds $500 but does not exceed $10,000.
14            (G) A violation of paragraphs (1) through (6) is a
15        Class 3 felony when the damage to property exceeds $500
16        but does not exceed $10,000 and the damage occurs to
17        property of a school or place of worship or to farm
18        equipment or immovable items of agricultural
19        production, including but not limited to grain
20        elevators, grain bins, and barns or property which
21        memorializes or honors an individual or group of police
22        officers, fire fighters, members of the United States
23        Armed Forces, National Guard, or veterans.
24            (H) A violation of paragraphs (1) through (6) is a
25        Class 3 felony when the damage to property exceeds
26        $10,000 but does not exceed $100,000.

 

 

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1            (I) A violation of paragraphs (1) through (6) is a
2        Class 2 felony when the damage to property exceeds
3        $10,000 but does not exceed $100,000 and the damage
4        occurs to property of a school or place of worship or
5        to farm equipment or immovable items of agricultural
6        production, including but not limited to grain
7        elevators, grain bins, and barns or property which
8        memorializes or honors an individual or group of police
9        officers, fire fighters, members of the United States
10        Armed Forces, National Guard, or veterans.
11            (J) A violation of paragraphs (1) through (6) is a
12        Class 2 felony when the damage to property exceeds
13        $100,000. A violation of paragraphs (1) through (6) is
14        a Class 1 felony when the damage to property exceeds
15        $100,000 and the damage occurs to property of a school
16        or place of worship or to farm equipment or immovable
17        items of agricultural production, including but not
18        limited to grain elevators, grain bins, and barns or
19        property which memorializes or honors an individual or
20        group of police officers, fire fighters, members of the
21        United States Armed Forces, National Guard, or
22        veterans.
23        (2) When the damage to property exceeds $10,000, the
24    court shall impose upon the offender a fine equal to the
25    value of the damages to the property.
26        (3) In addition to any other sentence that may be

 

 

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1    imposed, a court shall order any person convicted of
2    criminal damage to property to perform community service
3    for not less than 30 and not more than 120 hours, if
4    community service is available in the jurisdiction and is
5    funded and approved by the county board of the county where
6    the offense was committed. In addition, whenever any person
7    is placed on supervision for an alleged offense under this
8    Section, the supervision shall be conditioned upon the
9    performance of the community service.
10        The community service requirement does not apply when
11    the court imposes a sentence of incarceration.
12        (4) In addition to any criminal penalties imposed for a
13    violation of this Section, if a person is convicted of or
14    placed on supervision for knowingly damaging or destroying
15    crops of another, including crops intended for personal,
16    commercial, research, or developmental purposes, the
17    person is liable in a civil action to the owner of any
18    crops damaged or destroyed for money damages up to twice
19    the market value of the crops damaged or destroyed.
20        (5) For the purposes of this subsection (d), "farm
21    equipment" means machinery or other equipment used in
22    farming.
23(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
 
24    (720 ILCS 5/21-2)  (from Ch. 38, par. 21-2)
25    Sec. 21-2. Criminal trespass to vehicles.

 

 

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1    (a) A person commits criminal trespass to vehicles when he
2or she knowingly and without authority enters any part of or
3operates any vehicle, aircraft, watercraft, or snowmobile.
4    (a-5) It is an affirmative defense to a violation of this
5Section when entry to a locked vehicle is for removal of a dog
6or cat from the vehicle if the person:
7        (1) determines the vehicle is locked or there is
8    otherwise no reasonable method for the dog or cat to exit
9    the vehicle;
10        (2) has a good faith belief that forcible entry into
11    the vehicle is necessary because a dog or cat is in
12    imminent danger of suffering harm if not immediately
13    removed from the vehicle, and based upon the circumstances
14    known to the person at the time, the belief is a reasonable
15    one;
16        (3) has made a good faith effort to contact a 9-1-1
17    emergency telephone system operator, law enforcement, or
18    the fire department, and if contact is not possible prior
19    to forcibly entering the vehicle, the person makes contact
20    as soon as possible after forcibly entering the vehicle;
21        (4) makes a good a faith effort to place a notice on
22    the vehicle's windshield with the person's contact
23    information, the reason entry was made, the location of the
24    dog or cat, and the fact that authorities have been
25    notified;
26        (5) remains with the dog or cat in a safe location

 

 

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1    until law enforcement or emergency responders arrive; and
2        (6) uses no more force than necessary to enter the
3    vehicle to remove the dog or cat.
4    Nothing in this Section effects the person's criminal
5liability if the person attempts to render aid to the animal in
6addition to what is authorized under this Section.
7    (b) Sentence. Criminal trespass to vehicles is a Class A
8misdemeanor.
9(Source: P.A. 97-1108, eff. 1-1-13.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.