HB4039 97TH GENERAL ASSEMBLY

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012
HB4039

Introduced , by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

`510 ILCS 70/4.03`	`from Ch. 8, par. 704.03`
`510 ILCS 70/4.04`	`from Ch. 8, par. 704.04`

Amends the Humane Care for Animals Act. Provides that it shall be

unlawful for any
person to willfully (instead of willfully and maliciously)

taunt, torment, tease, beat, strike, torture,
mutilate, injure, disable,

poison, kill, or
administer or subject any desensitizing drugs, chemicals,

or substance to police animals, service
animals, accelerant detection dogs,

or search and rescue dogs.

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A BILL FOR

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1 AN ACT concerning animals.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Humane Care for Animals Act is amended by

5 changing Sections 4.03 and 4.04 as follows:

6 (510 ILCS 70/4.03) (from Ch. 8, par. 704.03)

7 Sec. 4.03. Teasing, striking or tampering with police

8 animals, service animals, accelerant detection dogs, or search

9 and rescue dogs prohibited. It shall be unlawful for any person

10 to willfully ~~and maliciously~~ taunt, torment, tease, beat,

11 strike, or administer or subject any desensitizing drugs,

12 chemicals, or substance to (i) any animal used by a law

13 enforcement officer in the performance of his or her functions

14 or duties, or when placed in confinement off duty, (ii) any

15 service animal, (iii) any search and rescue dog, (iv) any

16 police, service, or search and rescue animal in training, or

17 (v) any accelerant detection canine used by a fire officer for

18 arson investigations in the performance of his or her functions

19 or while off duty. It is unlawful for any person to interfere

20 or meddle with (i) any animal used by a law enforcement

21 department or agency or any handler thereof in the performance

22 of the functions or duties of the department or agency, (ii)

23 any service animal, (iii) any search and rescue dog, (iv) any

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1 law enforcement, service, or search and rescue animal in

2 training, or (v) any accelerant detection canine used by a fire

3 officer for arson investigations in the performance of his or

4 her functions or while off duty.

5 Any person convicted of violating this Section is guilty of

6 a Class A misdemeanor. A second or subsequent violation is a

7 Class 4 felony.

8 (Source: P.A. 96-1171, eff. 7-22-10.)

9 (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)

10 Sec. 4.04. Injuring or killing police animals, service

11 animals, accelerant detection dogs, or search and rescue dogs

12 prohibited. It shall be unlawful for any person to willfully

13 ~~or maliciously~~torture, mutilate, injure, disable, poison, or

14 kill (i) any animal used by a law enforcement department or

15 agency in the performance of the functions or duties of the

16 department or agency or when placed in confinement off duty,

17 (ii) any service animal, (iii) any search and rescue dog, (iv)

18 any law enforcement, service, or search and rescue animal in

19 training, or (v) any accelerant detection canine used by a fire

20 officer for arson investigations in the performance of his or

21 her functions or while off duty. However, a police officer or

22 veterinarian may perform euthanasia in emergency situations

23 when delay would cause the animal undue suffering and pain.

24 A person convicted of violating this Section is guilty of a

25 Class 4 felony if the animal is not killed or totally disabled;

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1 if the animal is killed or totally disabled, the person is

2 guilty of a Class 3 felony.

3 (Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07;

4 96-1171, eff. 7-22-10.)