HB1018 95TH GENERAL ASSEMBLY

LRB095 09451 CMK 29649 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1018

Introduced 2/8/2007, by Rep. Dan Reitz

SYNOPSIS AS INTRODUCED:

510 ILCS 70/10

from Ch. 8, par. 710

Amends the Humane Care for Animals Act. Provides that, upon request of the Department of Agriculture (now, that request is not required), an approved humane investigator may, for the purpose of investigating an alleged violation of the Act, enter during normal business hours upon any premises where the animal or animals described in the complaint are housed or kept, provided such entry shall not be made into any building which is a person's residence, except by search warrant or court order.

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Humane Care for Animals Act is amended by changing Section 10 as follows:

(510 ILCS 70/10) (from Ch. 8, par. 710)

Sec. 10. Investigation of complaints.

(a) Upon receiving a complaint of a suspected violation of this Act, a Department investigator, any law enforcement official, or, upon request of the Department, an approved humane investigator may, for the purpose of investigating the allegations of the complaint, enter during normal business hours upon any premises where the animal or animals described in the complaint are housed or kept, provided such entry shall not be made into any building which is a person's residence, except by search warrant or court order. Institutions operating under federal license to conduct laboratory experimentation utilizing animals for research or medical purposes are, however, exempt from the provisions of this Section. State's Attorneys and law enforcement officials shall provide such assistance as may be required in the conduct of such investigations. Any such investigation requiring legal procedures shall be immediately reported to the Department. No employee or representative of the Department shall enter a livestock management facility unless sanitized footwear is used, or unless the owner or operator of the facility waives this requirement. The employee or representative must also use any other reasonable disease prevention procedures or equipment provided by the owner or operator of the facility. The animal control administrator and animal control wardens appointed under the Animal Control Act shall be authorized to make investigations complying with this Section for alleged violations of Sections 3, 3.01, 3.02, and 3.03 pertaining to companion animals. The animals impounded shall remain under the jurisdiction of the animal control administrator and be held in an animal shelter licensed under the Animal Welfare Act.

(b) Any veterinarian acting in good faith is immune from any civil or criminal liability resulting from his or her actions under this Section. The good faith on the part of the veterinarian is presumed.

(Source: P.A. 92-454, eff. 1-1-02.)

Section 99. Effective date. This Act takes effect upon becoming law.