Illinois General Assembly - Bill Status for HB 4238

Amends the Animal Control Act. Provides that the owner of an intact dog is guilty of a Class 4 felony if the owner allows the dog to run at large in violation of the Act and the dog inflicts serious physical injury to a person.

Exempts a police dog that inflicts serious physical injury to a person in the course of its duties. Further amends the Animal Control Act. Provides that a dog is not considered to be running at large if the dog (i) is engaged in legal hunting activities where those activities are permitted or is in a dog park or a dog-friendly area of a park and (ii) is monitored or supervised by a person.

Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with the following additions: Amends the Counties Code to eliminate a limitation on fines or penalties in excess of $50 for dogs running at large. Amends the Animal Control Act to provide that if the owner of a dog knowingly allows it to run at large and the dog inflicts serious physical injury, as defined in the Act, or death to a person, the owner is guilty of a Class 4 felony. Amends the Unified Code of Corrections. Authorizes imposition of an extended sentence when a defendant commits any felony and the defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged. Effective immediately.

Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with the following changes: Amends the Animal Control Act. Lowers the criminal penalties for dog attacks, except that if the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog inflicts serious physical injury on a person or a companion animal, the owner shall be guilt of a Class 4 felony (now, a Class A misdemeanor). Provides that if the owner of a dog knowingly allows it to run at large and the dog inflicts serious physical injury, as defined in the Act, or death to a person, the owner is guilty of a Class A misdemeanor (instead of a Class 4 felony). Sets forth that a good faith effort to retrieve a dog running at large in a timely fashion shall be an affirmative defense to this offense of allowing a dog to run at large that inflicts severe physical injury or death. Effective immediately.

Deletes everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Amends the Animal Control Act. Deletes an added provision that a dog is not considered to be running at large if the dog is engaged in legal hunting activities or is in a dog park. With respect to animal attacks or injuries, provides that an owner is liable for any injuries that are proximately caused by an attack, attempted attack, or injury caused by a dog or other animal (instead of providing damages for attacks or injuries, whether direct or proximate). Deletes provisions that an animal pound, animal control facility, animal shelter, or other animal rescue group is not the owner of any animal that has been adopted. Deletes provisions exempting non-profit organizations, municipalities, and other units of local government that operate animal control agencies from liability for attacks or injuries that may occur after an animal is adopted. Deletes the immediate effective date.

Date	Chamber	Action
5/31/2006	House	Public Act . . . . . . . . . 94-0819

Date	Chamber	Action
12/9/2005	House	Filed with the Clerk by Rep. Mike Boland
1/4/2006	House	First Reading
1/4/2006	House	Referred to Rules Committee
1/5/2006	House	Assigned to Agriculture & Conservation Committee
1/18/2006	House	Added Co-Sponsor Rep. Linda Chapa LaVia
1/24/2006	House	House Amendment No. 1 Filed with Clerk by Agriculture & Conservation Committee
1/24/2006	House	House Amendment No. 1 Adopted in Agriculture & Conservation Committee; by Voice Vote
1/31/2006	House	Remains in Agriculture & Conservation Committee
1/31/2006	House	Added Chief Co-Sponsor Rep. Michael Tryon
2/8/2006	House	Added Chief Co-Sponsor Rep. Mark H. Beaubien, Jr.
2/14/2006	House	House Amendment No. 2 Filed with Clerk by Agriculture & Conservation Committee
2/14/2006	House	House Amendment No. 2 Adopted in Agriculture & Conservation Committee; by Voice Vote
2/14/2006	House	Do Pass as Amended / Short Debate Agriculture & Conservation Committee; 014-000-000
2/14/2006	House	Placed on Calendar 2nd Reading - Short Debate
2/21/2006	House	Second Reading - Short Debate
2/21/2006	House	Placed on Calendar Order of 3rd Reading - Short Debate
2/28/2006	House	Recalled to Second Reading - Short Debate
2/28/2006	House	Held on Calendar Order of Second Reading - Short Debate
2/28/2006	House	House Amendment No. 3 Filed with Clerk by Rep. Mike Boland
2/28/2006	House	House Amendment No. 3 Referred to Rules Committee
2/28/2006	House	Added Co-Sponsor Rep. Patricia R. Bellock
3/1/2006	House	House Amendment No. 3 Rules Refers to Agriculture & Conservation Committee
3/1/2006	House	House Amendment No. 3 Recommends Be Adopted Agriculture & Conservation Committee; 014-000-000
3/2/2006	House	House Amendment No. 3 Adopted by Voice Vote
3/2/2006	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/3/2006	House	Added Chief Co-Sponsor Rep. Eddie Washington
3/3/2006	House	Added Co-Sponsor Rep. Joseph M. Lyons
3/3/2006	House	Added Co-Sponsor Rep. Maria Antonia Berrios
3/3/2006	House	Third Reading - Short Debate - Passed 095-017-002
3/7/2006	Senate	Arrive in Senate
3/7/2006	Senate	Placed on Calendar Order of First Reading
3/7/2006	Senate	Chief Senate Sponsor Sen. Don Harmon
3/7/2006	Senate	First Reading
3/7/2006	Senate	Referred to Rules
3/8/2006	Senate	Assigned to Judiciary
3/14/2006	Senate	Added as Alternate Chief Co-Sponsor Sen. Dan Cronin
3/15/2006	Senate	Held in Judiciary
3/15/2006	Senate	Added as Alternate Chief Co-Sponsor Sen. William E. Peterson
3/21/2006	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
3/21/2006	Senate	Senate Committee Amendment No. 1 Referred to Rules
3/24/2006	Senate	Do Pass Judiciary; 010-000-000
3/24/2006	Senate	Placed on Calendar Order of 2nd Reading March 27, 2006
3/27/2006	Senate	Second Reading
3/27/2006	Senate	Placed on Calendar Order of 3rd Reading March 28, 2006
3/28/2006	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
3/28/2006	Senate	Senate Floor Amendment No. 2 Referred to Rules
3/29/2006	Senate	Senate Floor Amendment No. 2 Rules Refers to Judiciary
3/29/2006	Senate	Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000
3/30/2006	Senate	Added as Alternate Co-Sponsor Sen. Edward D. Maloney
3/30/2006	Senate	Added as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
3/30/2006	Senate	Recalled to Second Reading
3/30/2006	Senate	Senate Floor Amendment No. 2 Adopted; Harmon
3/30/2006	Senate	Placed on Calendar Order of 3rd Reading
3/30/2006	Senate	Third Reading - Passed; 057-000-000
3/30/2006	Senate	Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
3/30/2006	House	Arrived in House
3/30/2006	House	Placed on Calendar Order of Concurrence Senate Amendment(s) 2
4/3/2006	House	Senate Floor Amendment No. 2 Motion Filed Concur Rep. Mike Boland
4/3/2006	House	Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
4/4/2006	House	Senate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
4/4/2006	House	Senate Floor Amendment No. 2 House Concurs 113-000-000
4/4/2006	House	Passed Both Houses
5/3/2006	House	Sent to the Governor
5/31/2006	House	Governor Approved
5/31/2006	House	Effective Date May 31, 2006
5/31/2006	House	Public Act . . . . . . . . . 94-0819

	Adds reference to:
	55 ILCS 5/5-1071	from Ch. 34, par. 5-1071

	Deletes reference to:
	510 ILCS 5/9.5 new