SB1531ham001 97TH GENERAL ASSEMBLY

Rep. John E. Bradley

Filed: 5/24/2011

09700SB1531ham001 LRB097 06443 CEL 56165 a

AMENDMENT TO SENATE BILL 1531

AMENDMENT NO. ______. Amend Senate Bill 1531 by replacing everything after the enacting clause with the following:

"Section 5. The Animal Welfare Act is amended by changing Section 2.2 as follows:

(225 ILCS 605/2.2) (from Ch. 8, par. 302.2)

Sec. 2.2. No dog dealer, kennel operator, or cattery operator shall separate a puppy or kitten from its mother, for the purpose of sale, until such puppy or kitten has attained the age of 8 weeks.

All licensees under this Act shall maintain records of the origin and sale of all dogs, and such records shall be made available for inspection by the Secretary or the Department upon demand. Such records must contain proof in proper form of purebreds and their pedigree, and evidence of such proof must be provided to any person acquiring a dog from a licensee under this Act. In addition, guard dog services shall be required to maintain records of transfer of ownership, death, or disappearance of a guard dog or sentry dog used by that guard dog service.

When a microchip or other identification is present in any companion animal in the custody of the Administrator, Deputy Administrator, Animal Control Warden, or law enforcement under the Animal Control Act, licensees under this Act shall provide the name, address, and phone number of the owner on request.

(Source: P.A. 89-178, eff. 7-19-95.)

Section 10. The Animal Control Act is amended by changing Sections 10, 15, and 26 and by adding Sections 2.18b, 2.18c, 15.5, 26.01, and 26.02 as follows:

(510 ILCS 5/2.18b new)

Sec. 2.18b. "Proof of caretaking responsibility" means either veterinary records, sterilization records, microchip registration, or an affidavit.

(510 ILCS 5/2.18c new)

Sec. 2.18c. "Proof of ownership" means a valid registration certificate, municipal license, microchip registration, veterinary records, expired registration certificates or licenses, adoption contracts, bills of sale, photographs, or affidavits submitted by 3 individuals.

(510 ILCS 5/10) (from Ch. 8, par. 360)

Sec. 10. Impoundment; redemption. When dogs or cats are apprehended and impounded, they must be scanned for the presence of a microchip and cannot be adopted, moved, or euthanized without a second scanning. The Administrator shall make every reasonable attempt to contact the owner as defined by Section 2.16 as soon as possible. The Administrator shall give notice of not less than 7 business days to the owner prior to disposal of the animal. Such notice shall be mailed to the last known address of the owner. Testimony of the Administrator, or his or her authorized agent, who mails such notice shall be evidence of the receipt of such notice by the owner of the animal.

When a microchip or other identification is present in any companion animal in the custody of the Administrator, Deputy Administrator, Animal Control Warden, or law enforcement, licensees under the Animal Welfare Act and veterinarians shall provide the name, address, and phone number of the owner on request.

In case the owner of any impounded dog or cat desires to make redemption thereof, he or she may do so by doing the following:

a. Presenting proof of current rabies inoculation and registration, if applicable.

b. Paying for the rabies inoculation of the dog or cat and registration, if applicable.

c. Paying the pound for the board of the dog or cat for the period it was impounded.

d. Paying into the Animal Control Fund an additional impoundment fee as prescribed by the Board as a penalty for the first offense and for each subsequent offense.

e. Paying a $25 public safety fine to be deposited into the Pet Population Control Fund; the fine shall be waived if it is the dog's or cat's first impoundment and the owner has the animal spayed or neutered within 14 days.

f. Paying for microchipping and registration if not already done.

g. Presenting proof of ownership or proof of caretaking responsibility of the animal he or she desires to redeem.

The payments required for redemption under this Section shall be in addition to any other penalties invoked under this Act and the Illinois Public Health and Safety Animal Population Control Act. An animal control agency shall assist and share information with the Director of Public Health in the collection of public safety fines.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/15) (from Ch. 8, par. 365)

Sec. 15. Vicious dog determination.

(a) In order to have a dog deemed "vicious", the Administrator, Deputy Administrator, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the States Attorney's Office and the owner. The Administrator, State's Attorney, Director or any citizen of the county in which the dog exists may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The Administrator shall determine where the animal shall be confined during the pendency of the case.

A dog may not be declared vicious if the court determines the conduct of the dog was justified because:

(1) the threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or was committing a willful trespass or other tort upon the premises or property owned or occupied by the owner of the animal;

(2) the injured, threatened, or killed person was abusing, assaulting, or physically threatening the dog or its offspring, or has in the past abused, assaulted, or physically threatened the dog or its offspring; or

(3) the dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.

No dog shall be deemed "vicious" if it is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed.

If the burden of proof has been met, the court shall deem the dog to be a vicious dog.

If a dog is found to be a vicious dog, the owner shall pay a $100 public safety fine to be deposited into the Pet Population Control Fund, the dog shall be spayed or neutered within 10 days of the finding at the expense of its owner and microchipped, if not already, and the dog is subject to enclosure.

If an owner fails to comply with these requirements, the animal control agency shall impound the dog and the owner shall pay a $500 fine plus impoundment fees to the animal control agency impounding the dog. The judge has the discretion to order a vicious dog be euthanized. A dog found to be a vicious dog shall not be released to the owner until the Administrator, an Animal Control Warden, or the Director approves the enclosure.

No owner or keeper of a vicious dog shall sell or give away the dog without approval from the Administrator or court. Whenever an owner of a vicious dog relocates, he or she shall notify both the Administrator of County Animal Control where he or she has relocated and the Administrator of County Animal Control where he or she formerly resided.

(b) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are (1) if it is necessary for the owner or keeper to obtain veterinary care for the dog, (2) in the case of an emergency or natural disaster where the dog's life is threatened, or (3) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding 6 feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.

(b-5) If it is found at the hearing conducted under this Act that a dog is declared vicious and the ownership or possession of a dog by the person would create a significant threat to the public health, safety, and welfare, then the owner of a dog determined to be a vicious dog may be prohibited from owning, possessing, controlling, or having custody of any dog for a period of up to 3 years.

Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Administrator, an Animal Control Warden, or the law enforcement authority having jurisdiction in such area.

(b-10) If the owner of the dog has not appealed the impoundment order to the circuit court in the county in which the animal was impounded within 15 business working days, the dog may be euthanized.

Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to animal control in writing.

Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, accelerant detection dogs, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with Section 8 of this Act. It shall be the duty of the owner of such exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.

(c) If the animal control agency has custody of the dog, the agency may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for 30 days. If security has been posted in accordance with this Section, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the dog.

(d) Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within 5 business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant.

(e) If the court orders the posting of security, the security must be posted with the clerk of the court within 5 business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by operation of law and the animal control agency must dispose of the animal through adoption or humane euthanization.

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

(510 ILCS 5/15.5 new)

Sec. 15.5. Dog owner; negligence. No person, without justification, shall intentionally, knowingly, or recklessly allow, permit, or suffer a dog to attack a person and cause serious physical injury or death to a person.

(510 ILCS 5/26) (from Ch. 8, par. 376)

Sec. 26. Violations; punishment.

(a) Except as otherwise provided in this Act, any person violating or aiding in or abetting the violation of any provision of this Act, or counterfeiting or forging any certificate, permit, or tag, or making any misrepresentation in regard to any matter prescribed by this Act, or resisting, obstructing, or impeding the Administrator or any authorized officer in enforcing this Act, or refusing to produce for inoculation any dog in his possession, or who removes a tag from a dog for purposes of destroying or concealing its identity, is guilty of a Class C misdemeanor for a first offense and for a subsequent offense, is guilty of a Class B misdemeanor.

Each day a person fails to comply constitutes a separate offense. Each State's Attorney to whom the Administrator reports any violation of this Act shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner provided by law.

(b) If the owner of a vicious dog subject to enclosure:

(1) fails to maintain or keep the dog in an enclosure or fails to spay or neuter the dog or microchip the dog within the time period prescribed; and

(2) the dog inflicts serious physical injury upon any other person or causes the death of another person; and

(3) the attack is unprovoked in a place where such person is peaceably conducting himself or herself and where such person may lawfully be;

then the Administrator shall impound and euthanize the dog and the owner shall be guilty of a Class 3 felony and shall pay a $1,000 fine plus impoundment fees to the animal control agency impounding the dog; , unless the owner knowingly allowed the dog to run at large or failed to take steps to keep the dog in an enclosure then the Administrator shall impound and euthanize the dog and the owner shall be guilty of a Class 2 felony and shall pay a $1,000 fine plus impoundment fees to the animal control agency impounding the dog. The penalty provided in this paragraph shall be in addition to any other criminal or civil sanction provided by law.

(c) 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, then the owner shall be guilty of a Class 4 felony and shall pay a $1,000 fine plus impoundment fees to the animal control agency impounding the dangerous dog. If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog kills a person or contributes to the death of a person, then the Administrator shall impound and euthanize the dangerous dog and the owner shall be guilty of a Class 3 felony and shall pay a $1,000 fine plus impoundment fees to the animal control agency impounding the dangerous dog.

(d) Any person convicted of violating Section 15.5 is guilty of a Class 4 felony.

(e) In addition to any other penalty provided by law, upon conviction for violating Section 15 or Section 15.5, the court may order it is unlawful for the convicted person to knowingly own, possess, have custody of, or reside in a residence with any other dog for a period of time that the court deems reasonable.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05; 94-819, eff. 5-31-06.)

(510 ILCS 5/26.01 new)

Sec. 26.01. Reckless owners; dog ownership prohibited. No person may own or reside with a dog if the person has:

(1) been convicted of a second or subsequent violation of Section 15.2 of this Act;

(2) been convicted of a violation of subsection (b) of Section 15 of this Act or Section 12-36 of the Criminal Code of 1961; or

(3) been convicted of a violation under subsections (b) or (c) of Section 26 of this Act.

(510 ILCS 5/26.02 new)

Sec. 26.02. Dog ownership prohibition review. Beginning 3 years after a conviction that prohibits a person from owning a dog, and annually thereafter, the person may request that the Administrator review the prohibition, violations, any criminal convictions, or any of the facts that the Administrator deems appropriate that led to the prohibition. The Administrator may rescind the prohibition entirely or rescind the prohibition with limitations. The Administrator may also establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the Administrator rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by animal control or the person is convicted of any animal violation involving unjustified bites or dog attacks, then the Administrator may permanently prohibit the person from owning a dog in the county.".