103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3184

 

Introduced 2/17/2023, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/4.04  from Ch. 8, par. 704.04

    Provides that the Act may be referred to as Draco's Law. Amends the Humane Care for Animals Act. Provides that a person convicted of willfully or maliciously torture, mutilate, injure, disable, poison, or kill (1) any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when placed in confinement off duty, (2) any search and rescue dog, (3) any law enforcement, service, or search and rescue animal in training, or (4) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty is guilty of a Class 3 felony if the animal is not killed or totally disabled. Provides that if the animal is killed or totally disabled, a person convicted of the violation is guilty of a Class 2 felony. Provides that if the offender is convicted of the violation, the offender shall be responsible for any veterinarian bills for an animal that was injured, and training costs for another animal, if the animal injured or killed is no longer able to be in service. Provides that a person does not violate these provisions if the animal used by a law enforcement department or agency was used against the person in violation of the law enforcement department or agency's use of force continuum or policy.


LRB103 30279 RLC 56707 b

 

 

A BILL FOR

 

HB3184LRB103 30279 RLC 56707 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 1. This Act may be referred to as Draco's Law.
 
5    Section 5. The Humane Care for Animals Act is amended by
6changing Section 4.04 as follows:
 
7    (510 ILCS 70/4.04)  (from Ch. 8, par. 704.04)
8    Sec. 4.04. Injuring or killing police animals, service
9animals, accelerant detection dogs, or search and rescue dogs
10prohibited.
11    (a) It shall be unlawful for any person to willfully or
12maliciously torture, mutilate, injure, disable, poison, or
13kill (i) any animal used by a law enforcement department or
14agency in the performance of the functions or duties of the
15department or agency or when placed in confinement off duty,
16(ii) any service animal, (iii) any search and rescue dog, (iv)
17any law enforcement, service, or search and rescue animal in
18training, or (v) any accelerant detection canine used by a
19fire officer for arson investigations in the performance of
20his or her functions or while off duty. However, a police
21officer or veterinarian may perform euthanasia in emergency
22situations when delay would cause the animal undue suffering

 

 

HB3184- 2 -LRB103 30279 RLC 56707 b

1and pain.
2    (b) A person convicted of violating clause (ii) of
3subsection (a) of this Section is guilty of a Class 4 felony if
4the animal is not killed or totally disabled; if the animal is
5killed or totally disabled, the person is guilty of a Class 3
6felony. A person convicted of violating clause (i), (iii),
7(iv), or (v) of subsection (a) of this Section is guilty of a
8Class 3 felony if the animal is not killed or totally disabled.
9If the animal is killed or totally disabled, a person
10convicted of violating clause (i), (iii), (iv), or (v) of
11subsection (a) of this Section is guilty of a Class 2 felony.
12    (c) If the offender is convicted of violating clause (i),
13(iii), (iv), or (v) of subsection (a) of this Section, the
14offender shall be responsible for any veterinarian bills for
15an animal that was injured, and training costs for another
16animal, if the animal injured or killed is no longer able to be
17in service.
18    (d) A person does not violate clause (i), (iii), (iv), or
19(v) of subsection (a) of this Section if the animal used by a
20law enforcement department or agency was used against the
21person in violation of the law enforcement department or
22agency's use of force continuum or policy.
23(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07;
2496-1171, eff. 7-22-10.)