95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0570


 
Introduced 2/8/2007, by Sen. John M. Sullivan
 
SYNOPSIS AS INTRODUCED:
 		














510 ILCS 70/10
  from Ch. 8, par. 710







    Amends the Humane Care for Animals Act. Provides that, upon request of the Department of Agriculture (now, that request is not required), an approved
humane investigator may, for the purpose of investigating an alleged violation of the Act, enter during normal business hours upon any premises
where the animal or animals described in the complaint are housed or kept,
provided such entry shall not be made into any building which is a person's
residence, except by search warrant or court order. Effective immediately.
















LRB095 09449 CMK 29647 b

















 


 


A BILL FOR









 











SB0570

LRB095 09449 CMK 29647 b






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    AN ACT concerning animals.

 
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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 Humane Care for Animals Act is amended  by 
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changing Section 10 as follows:
 



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    (510 ILCS 70/10)  (from Ch. 8, par. 710)



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    Sec. 10. Investigation of complaints. 

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    (a) Upon receiving a complaint of a suspected violation of 
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this Act, a
Department investigator, any law enforcement 
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official, or, upon request of the Department, an approved

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humane investigator may, for the purpose of investigating the 
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allegations
of the complaint, enter during normal business 
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hours upon any premises
where the animal or animals described 
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in the complaint are housed or kept,
provided such entry shall 
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not be made into any building which is a person's
residence, 
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except by search warrant or court order.
Institutions operating 
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under federal license to conduct laboratory
experimentation 
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utilizing animals for research or medical purposes are,

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however, exempt from the provisions of this Section. State's 
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Attorneys and
law enforcement officials shall provide such 
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assistance as may be required
in the conduct of such 
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investigations. Any such investigation requiring
legal 
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procedures shall be immediately reported to the Department.
No 
 


 






SB0570
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LRB095 09449 CMK 29647 b




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employee or representative of the Department shall enter a 
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livestock
management facility unless sanitized footwear is 
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used, or unless the owner
or operator of the facility waives 
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this requirement.  The employee or
representative must also use 
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any other reasonable disease prevention
procedures or 
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equipment provided by the owner or operator of the facility.

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The animal control administrator and animal control wardens 
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appointed under
the Animal Control Act shall be authorized to 
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make investigations complying
with this Section for alleged 
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violations of Sections 3, 3.01,
3.02, and 3.03 pertaining
to 
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companion animals. The animals
impounded shall remain under the 
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jurisdiction of the animal control
administrator and be held in 
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an animal shelter licensed under the
Animal
Welfare Act.

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    (b) Any veterinarian acting in good faith is immune
from 
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any civil or criminal liability resulting from his or her 
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actions under
this
Section. The good faith on the part of the

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veterinarian is presumed.

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(Source: P.A. 92-454, eff. 1-1-02.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.