Bill Status of HB4761 94th General Assembly
Short Description: ANIMAL CONTROL-VICIOUS DOGS
Rep. Mark H. Beaubien, Jr.
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Animal Control Act. Authorizes the animal control warden to find a dog vicious if (i) the dog without justification, attacks a person and causes serious physical injury or death, (ii) the dog is found to be a "dangerous dog" upon 3 separate occasions, or (iii) the animal control warden determines that the dog constitutes an undue danger to the public. (now, only a circuit court may determine that a dog is "vicious"). Sets forth certain factors that must be considered in determining whether the dog is an undue danger, including: (i) the circumstances of the dog's infraction; (ii) whether the dog's behavior was justified; (iii) the breed, prior history, and physical characteristics of the dog; (iv) the recommendation of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field; (v) the report of the investigating animal control warden, deputy administrator, or law enforcement officer; and (vi) Department guidelines. Requires that the animal control warden give notice of the infraction that is the basis of the investigation to the owner and conduct a thorough investigation prior to a vicious determination. Provides that the owner of a dog found to be vicious by the animal control warden shall be subject to a fine in the amount of $5,000, for each vicious finding, to be assessed by local law enforcement. Prohibits an order that a vicious dog be euthanized without judicial review. Authorizes the State's Attorney or any citizen of the county in which the dog exists to file a complaint in the circuit court asking that the court find the dog to be a vicious dog. Sets forth that all costs of impoundment, disposition, boarding, medical, or other costs related to the determination shall be borne by the owner. Requires the petitioner to prove the dog is a vicious dog by clear and convincing evidence; however, if animal control warden has found the dog to be vicious then there is a mandatory presumption that the dog is vicious. Sets forth conditions for appealing vicious dog determinations. Provides that the court proceeding for determining a dog vicious shall be an available remedy in addition to and independent of the determination of the animal control warden. Authorizes the finder of fact to consider the breed of the dog in any determination as to whether an individual dog is vicious. Requires the animal control warden to follow guidelines promulgated by the Department for determining that a dog is vicious. Sets forth that in adopting the guidelines, the Department shall follow the rulemaking procedures of the Illinois Administrative Procedure Act. Makes other changes. Effective immediately.