Full Text of HB3184 103rd General Assembly
HB3184 103RD GENERAL ASSEMBLY |
| | 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 |
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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.
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| | A BILL FOR |
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| | | HB3184 | | LRB103 30279 RLC 56707 b |
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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 1. This Act may be referred to as Draco's Law. | 5 | | Section 5. The Humane Care for Animals Act is amended by | 6 | | changing 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 | 9 | | animals, accelerant detection dogs, or search
and rescue dogs | 10 | | prohibited.
| 11 | | (a) It shall be unlawful for any person to willfully or | 12 | | maliciously torture,
mutilate, injure, disable, poison, or | 13 | | kill (i) any animal used by a law
enforcement department or | 14 | | agency in the performance of the functions or duties
of the | 15 | | department or agency or when placed in confinement off duty, | 16 | | (ii) any
service animal, (iii) any search and rescue dog, (iv) | 17 | | any law enforcement,
service, or search and rescue animal in | 18 | | training, or (v) any accelerant detection canine used by a | 19 | | fire officer for arson investigations in the performance of | 20 | | his or her functions or while off duty. However, a police | 21 | | officer or
veterinarian may perform euthanasia in emergency | 22 | | situations when delay would
cause the animal undue suffering |
| | | HB3184 | - 2 - | LRB103 30279 RLC 56707 b |
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| 1 | | and pain.
| 2 | | (b) A person convicted of violating clause (ii) of | 3 | | subsection (a) of this Section is guilty of a Class 4
felony if | 4 | | the animal is not killed or totally disabled; if
the animal is | 5 | | killed or totally disabled, the person is guilty of a Class 3 | 6 | | felony. A person convicted of violating clause (i), (iii), | 7 | | (iv), or (v) of subsection (a) of this Section is guilty of a | 8 | | Class 3 felony if the animal is not killed or totally disabled. | 9 | | If the animal is killed or totally disabled, a person | 10 | | convicted of violating clause (i), (iii), (iv), or (v) of | 11 | | subsection (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 | 14 | | offender shall be responsible for any veterinarian bills for | 15 | | an animal that was injured, and training costs for another | 16 | | animal, if the animal injured or killed is no longer able to be | 17 | | in 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 | 20 | | law enforcement department or agency was used against the | 21 | | person in violation of the law enforcement department or | 22 | | agency's use of force continuum or policy. | 23 | | (Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07; | 24 | | 96-1171, eff. 7-22-10.)
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