103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0206

 

Introduced 1/31/2023, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.990 new
510 ILCS 5/2.05a
510 ILCS 5/2.19-1 new
510 ILCS 5/2.19b
510 ILCS 5/15  from Ch. 8, par. 365
510 ILCS 5/15.1
510 ILCS 5/15.6 new

    Amends the Animal Control Act. Provides that "dangerous dog" and "vicious dog" include dogs that attack companion animals. Requires the owner of a dog that has been deemed dangerous or vicious to place a sign by the owner's front door with a notice that a dangerous or vicious dog is kept or maintained at the residence and maintain a liability insurance policy insuring against liability involving a dog-related incident for injury to a person or injury to or destruction of property. Requires the Department of Agriculture to establish and maintain the Illinois Dangerous Dog Registry. Provides that the Registry shall include registration information on a statewide basis. Specifies the information that the Registry shall include about each dangerous or vicious dog. Provides that the address of the owner, the name and breed of the dog, and the acts that resulted in the dog being deemed vicious or dangerous shall be made available to the public on the Department's website. Requires the Department to make the public information searchable via a mapping system that identifies all locations where vicious or dangerous dogs are kept or maintained within 5 miles of an identified address. Requires the Department to set fees for the annual registration of dangerous and vicious dogs. Creates the Dangerous Dog Registry Fund, and provides that any funds collected shall be deposited into the Fund and used by the Department to maintain the Registry and the searchable mapping system on the Department's website. Makes a corresponding change in the State Finance Act.


LRB103 25107 RJT 51442 b

 

 

A BILL FOR

 

SB0206LRB103 25107 RJT 51442 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 5. The State Finance Act is amended by adding
5Section 5.990 as follows:
 
6    (30 ILCS 105/5.990 new)
7    Sec. 5.990. The Dangerous Dog Registry Fund.
 
8    Section 10. The Animal Control Act is amended by changing
9Sections 2.05a, 2.19b, 15, and 15.1 and adding Sections 2.19-1
10and 15.6 as follows:
 
11    (510 ILCS 5/2.05a)
12    Sec. 2.05a. "Dangerous dog" means (i) any individual dog
13anywhere other than upon the property of the owner or
14custodian of the dog and unmuzzled, unleashed, or unattended
15by its owner or custodian that behaves in a manner that a
16reasonable person would believe poses a serious and
17unjustified imminent threat of serious physical injury or
18death to a person or a companion animal or (ii) a dog that,
19without justification, (A) bites a person and does not cause
20serious physical injury or (B) bites a companion animal and
21causes physical injury, other than serious physical injury.

 

 

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1(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
2    (510 ILCS 5/2.19-1 new)
3    Sec. 2.19-1. Registry. "Registry" means the Illinois
4Dangerous Dog Registry.
 
5    (510 ILCS 5/2.19b)
6    Sec. 2.19b. "Vicious dog" means (i) a dog that, without
7justification, (A) attacks a person and causes serious
8physical injury or death or (B) attacks a companion animal and
9causes serious physical injury or death or (ii) any individual
10dog that has been found to be a "dangerous dog" upon 2 3
11separate occasions.
12(Source: P.A. 93-548, eff. 8-19-03.)
 
13    (510 ILCS 5/15)  (from Ch. 8, par. 365)
14    Sec. 15. (a) In order to have a dog deemed "vicious", the
15Administrator, Deputy Administrator, or law enforcement
16officer must give notice of the infraction that is the basis of
17the investigation to the owner, conduct a thorough
18investigation, interview any witnesses, including the owner,
19gather any existing medical records, veterinary medical
20records or behavioral evidence, and make a detailed report
21recommending a finding that the dog is a vicious dog and give
22the report to the State's Attorney's Office and the owner. The
23Administrator, State's Attorney, Director or any citizen of

 

 

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1the county in which the dog exists may file a complaint in the
2circuit court in the name of the People of the State of
3Illinois to deem a dog to be a vicious dog. Testimony of a
4certified applied behaviorist, a board certified veterinary
5behaviorist, or another recognized expert may be relevant to
6the court's determination of whether the dog's behavior was
7justified. The petitioner must prove the dog is a vicious dog
8by clear and convincing evidence. The Administrator shall
9determine where the animal shall be confined during the
10pendency of the case.
11    A dog may not be declared vicious if the court determines
12the conduct of the dog was justified because:
13        (1) the threat, injury, or death was sustained by a
14    person who at the time was committing a crime or offense
15    upon the owner or custodian of the dog, or was committing a
16    willful trespass or other tort upon the premises or
17    property owned or occupied by the owner of the animal;
18        (2) the injured, threatened, or killed person was
19    abusing, assaulting, or physically threatening the dog or
20    its offspring, or has in the past abused, assaulted, or
21    physically threatened the dog or its offspring; or
22        (3) the dog was responding to pain or injury, or was
23    protecting itself, its owner, custodian, or member of its
24    household, kennel, or offspring.
25    No dog shall be deemed "vicious" if it is a professionally
26trained dog for law enforcement or guard duties. Vicious dogs

 

 

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1shall not be classified in a manner that is specific as to
2breed.
3    If the burden of proof has been met, the court shall deem
4the dog to be a vicious dog.
5    If a dog is found to be a vicious dog, the owner shall pay
6a $100 public safety fine to be deposited into the county
7animal control fund, and the dog shall be spayed or neutered
8within 10 days of the finding at the expense of its owner and
9microchipped, if not already. The , and the dog shall be kept
10in a full is subject to enclosure and the owner shall place a
11sign by the owner's front door with a notice that a vicious dog
12is kept or maintained at the residence. If an owner fails to
13comply with these requirements, the animal control agency
14shall impound the dog and the owner shall pay a $500 fine plus
15impoundment fees to the animal control agency impounding the
16dog. The judge has the discretion to order a vicious dog be
17euthanized. A dog found to be a vicious dog shall not be
18released to the owner until the Administrator, an Animal
19Control Warden, or the Director approves the enclosure. No
20owner or keeper of a vicious dog shall sell or give away the
21dog without approval from the Administrator or court. Whenever
22an owner of a vicious dog relocates, he or she shall notify
23both the Administrator of County Animal Control where he or
24she has relocated and the Administrator of County Animal
25Control where he or she formerly resided.
26    (a-5) The owner of a dog deemed to be vicious shall

 

 

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1maintain a liability insurance policy insuring against
2liability involving a dog-related incident for injury to a
3person or injury to or destruction of property. No insurer
4other than an insurer authorized to do business in this State
5shall issue a policy pursuant to this subsection. Nothing in
6this subsection shall deprive an insurer of any policy defense
7available under common law.
8    (b) It shall be unlawful for any person to keep or maintain
9any dog which has been found to be a vicious dog unless the dog
10is kept in an enclosure. The only times that a vicious dog may
11be allowed out of the enclosure are (1) if it is necessary for
12the owner or keeper to obtain veterinary care for the dog, (2)
13in the case of an emergency or natural disaster where the dog's
14life is threatened, or (3) to comply with the order of a court
15of competent jurisdiction, provided that the dog is securely
16muzzled and restrained with a leash not exceeding 6 feet in
17length, and shall be under the direct control and supervision
18of the owner or keeper of the dog or muzzled in its residence.
19    Any dog which has been found to be a vicious dog and which
20is not confined to an enclosure shall be impounded by the
21Administrator, an Animal Control Warden, or the law
22enforcement authority having jurisdiction in such area.
23    If the owner of the dog has not appealed the impoundment
24order to the circuit court in the county in which the animal
25was impounded within 15 working days, the dog may be
26euthanized.

 

 

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1    Upon filing a notice of appeal, the order of euthanasia
2shall be automatically stayed pending the outcome of the
3appeal. The owner shall bear the burden of timely notification
4to animal control in writing.
5    Guide dogs for the blind or hearing impaired, support dogs
6for persons with physical disabilities, accelerant detection
7dogs, and sentry, guard, or police-owned dogs are exempt from
8this Section; provided, an attack or injury to a person occurs
9while the dog is performing duties as expected. To qualify for
10exemption under this Section, each such dog shall be currently
11inoculated against rabies in accordance with Section 8 of this
12Act. It shall be the duty of the owner of such exempted dog to
13notify the Administrator of changes of address. In the case of
14a sentry or guard dog, the owner shall keep the Administrator
15advised of the location where such dog will be stationed. The
16Administrator shall provide police and fire departments with a
17categorized list of such exempted dogs, and shall promptly
18notify such departments of any address changes reported to
19him.
20    (c) If the animal control agency has custody of the dog,
21the agency may file a petition with the court requesting that
22the owner be ordered to post security. The security must be in
23an amount sufficient to secure payment of all reasonable
24expenses expected to be incurred by the animal control agency
25or animal shelter in caring for and providing for the dog
26pending the determination. Reasonable expenses include, but

 

 

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1are not limited to, estimated medical care and boarding of the
2animal for 30 days. If security has been posted in accordance
3with this Section, the animal control agency may draw from the
4security the actual costs incurred by the agency in caring for
5the dog.
6    (d) Upon receipt of a petition, the court must set a
7hearing on the petition, to be conducted within 5 business
8days after the petition is filed. The petitioner must serve a
9true copy of the petition upon the defendant.
10    (e) If the court orders the posting of security, the
11security must be posted with the clerk of the court within 5
12business days after the hearing. If the person ordered to post
13security does not do so, the dog is forfeited by operation of
14law and the animal control agency must dispose of the animal
15through adoption or humane euthanization.
16(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
17100-787, eff. 8-10-18.)
 
18    (510 ILCS 5/15.1)
19    Sec. 15.1. Dangerous dog determination.
20    (a) After a thorough investigation including: sending,
21within 10 business days of the Administrator or Director
22becoming aware of the alleged infraction, notifications to the
23owner of the alleged infractions, the fact of the initiation
24of an investigation, and affording the owner an opportunity to
25meet with the Administrator or Director prior to the making of

 

 

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1a determination; gathering of any medical or veterinary
2evidence; interviewing witnesses; and making a detailed
3written report, an animal control warden, deputy
4administrator, or law enforcement agent may ask the
5Administrator, or his or her designee, or the Director, to
6deem a dog to be "dangerous". No dog shall be deemed a
7"dangerous dog" unless shown to be a dangerous dog by a
8preponderance of evidence. The owner shall be sent immediate
9notification of the determination by registered or certified
10mail that includes a complete description of the appeal
11process.
12    (b) A dog shall not be declared dangerous if the
13Administrator, or his or her designee, or the Director
14determines the conduct of the dog was justified because:
15        (1) the threat was sustained by a person who at the
16    time was committing a crime or offense upon the owner or
17    custodian of the dog or was committing a willful trespass
18    or other tort upon the premises or property occupied by
19    the owner of the animal;
20        (2) the threatened person was abusing, assaulting, or
21    physically threatening the dog or its offspring;
22        (3) the injured, threatened, or killed companion
23    animal was attacking or threatening to attack the dog or
24    its offspring; or
25        (4) the dog was responding to pain or injury or was
26    protecting itself, its owner, custodian, or a member of

 

 

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1    its household, kennel, or offspring.
2    (c) Testimony of a certified applied behaviorist, a board
3certified veterinary behaviorist, or another recognized expert
4may be relevant to the determination of whether the dog's
5behavior was justified pursuant to the provisions of this
6Section.
7    (d) If deemed dangerous, the Administrator, or his or her
8designee, or the Director shall order (i) the dog's owner to
9pay a $50 public safety fine to be deposited into the county
10animal control fund, (ii) the dog to be spayed or neutered
11within 14 days at the owner's expense and microchipped, if not
12already, (iii) the dog's owner to place a sign by the owner's
13front door with a notice that a dangerous dog is kept or
14maintained at the residence, and (iv) (iii) one or more of the
15following as deemed appropriate under the circumstances and
16necessary for the protection of the public:
17        (1) evaluation of the dog by a certified applied
18    behaviorist, a board certified veterinary behaviorist, or
19    another recognized expert in the field and completion of
20    training or other treatment as deemed appropriate by the
21    expert. The owner of the dog shall be responsible for all
22    costs associated with evaluations and training ordered
23    under this subsection; or
24        (2) direct supervision by an adult 18 years of age or
25    older whenever the animal is on public premises.
26    (d-5) The owner of a dog deemed to be dangerous shall

 

 

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1maintain a liability insurance policy insuring against
2liability involving a dog-related incident for injury to a
3person or injury to or destruction of property. No insurer
4other than an insurer authorized to do business in this State
5shall issue a policy pursuant to this subsection. Nothing in
6this subsection shall deprive an insurer of any policy defense
7available under common law.
8    (e) The Administrator may order a dangerous dog to be
9muzzled whenever it is on public premises in a manner that will
10prevent it from biting any person or animal, but that shall not
11injure the dog or interfere with its vision or respiration.
12    (f) Guide dogs for the blind or hearing impaired, support
13dogs for persons with a physical disability, and sentry,
14guard, or police-owned dogs are exempt from this Section;
15provided, an attack or injury to a person occurs while the dog
16is performing duties as expected. To qualify for exemption
17under this Section, each such dog shall be currently
18inoculated against rabies in accordance with Section 8 of this
19Act and performing duties as expected. It shall be the duty of
20the owner of the exempted dog to notify the Administrator of
21changes of address. In the case of a sentry or guard dog, the
22owner shall keep the Administrator advised of the location
23where such dog will be stationed. The Administrator shall
24provide police and fire departments with a categorized list of
25the exempted dogs, and shall promptly notify the departments
26of any address changes reported to him or her.

 

 

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1    (g) An animal control agency has the right to impound a
2dangerous dog if the owner fails to comply with the
3requirements of this Act.
4(Source: P.A. 99-143, eff. 7-27-15; 100-787, eff. 8-10-18.)
 
5    (510 ILCS 5/15.6 new)
6    Sec. 15.6. Illinois Dangerous Dog Registry.
7    (a) The Department shall establish and maintain the
8Illinois Dangerous Dog Registry. The Registry shall include
9registration information provided by the owner of a dog deemed
10to be vicious under Section 15 or dangerous under Section 15.1
11on a statewide basis.
12    (b) The Registry shall include the following information
13about each dog deemed to be vicious under Section 15 or
14dangerous under Section 15.1:
15        (1) name;
16        (2) sex;
17        (3) whether spayed or neutered;
18        (4) age;
19        (5) weight;
20        (6) primary breed;
21        (7) secondary breed;
22        (8) color and markings;
23        (9) the acts that resulted in the dog being deemed
24    vicious or dangerous;
25        (10) microchip or tattoo number;

 

 

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1        (11) address where the dog is kept or maintained;
2        (12) name, address, and telephone number of the dog's
3    owner; and
4        (13) a statement whether the owner has complied with
5    the provisions of the vicious or dangerous dog order.
6    If a vicious or dangerous dog is moved to a different
7location or the owner's contact information changes, the owner
8shall submit a renewal containing the new location and any
9other updated information to the Department within 10 days of
10the change. There shall be no charge to the owner for providing
11updated information between renewals.
12    (c) The address of the owner, the name and breed of the
13vicious or dangerous dog, and the acts that resulted in the dog
14being deemed vicious or dangerous shall be available to the
15public on the Department's website. The Department shall make
16the public information searchable via a mapping system that
17identifies all locations where vicious or dangerous dogs are
18kept or maintained within 5 miles of an identified address.
19    (d) Each owner of a dog deemed to be vicious under Section
2015 or dangerous under Section 15.1 shall initially register
21the dog with the Department and pay any fee required for
22initial registration. The owner shall renew the registration
23annually with the Department and pay any fee required for a
24renewal. The Department shall adopt fee amounts for the
25initial and renewal registration of a dog deemed to be vicious
26or dangerous. Any funds collected pursuant to this subsection

 

 

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1shall be deposited into the Dangerous Dog Registry Fund, a
2special fund that is created in the State treasury. Money in
3the Dangerous Dog Registry Fund shall be used by the
4Department to maintain the Registry and the searchable mapping
5system on the Department's website.