Illinois General Assembly - Full Text of HB4443
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Full Text of HB4443  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Emanuel Chris Welch


725 ILCS 5/107-17 new

    Amends the Code of Criminal Procedure of 1963. Requires a peace officer to arrest without a warrant or issue a notice to appear to any person who violates the cruel treatment, aggravated cruelty, animal torture, or animal fighting offenses under the Humane Care for Animals Act, or the sexual conduct or sexual contact with an animal or dogfighting offenses under the Criminal Code of 2012. If the person arrested is not the owner of the animal, the peace officer must use reasonable diligence to notify the owner and provide care for the animal until turned over to the owner or owner's agent. Provides for the recovery of cost of care and limited liability for actions taken under the arrest and care provisions. Effective immediately.

LRB099 15609 MRW 39901 b






HB4443LRB099 15609 MRW 39901 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 107-17 as follows:
6    (725 ILCS 5/107-17 new)
7    Sec. 107-17. Animal cruelty mandatory arrest or notice to
8appear; immunity.
9    (a) A peace officer shall arrest without a warrant or issue
10a notice to appear to any person who violates Section 3.01
11(cruel treatment), 3.02 (aggravated cruelty), 3.03 (animal
12torture), or 4.01 (animals in entertainment) of the Humane Care
13for Animals Act, or Section 12-35 (sexual conduct or sexual
14contact with an animal) or 48-1 (dogfighting) of the Criminal
15Code of 2012.
16    (b) Except as otherwise provided by law, if the person
17arrested under subsection (a) of this Section is not the owner
18of the animal involved and the animal is not otherwise subject
19to seizure and forfeiture, the officer shall use reasonable
20diligence to notify the owner of the animal and shall properly
21care and provide for the animal until the owner or the owner's
22agent claims or takes charge of the animal; provided, the owner
23or owner's agent claims or takes charge of the animal within 60



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1days of the notice under this subsection. The law enforcement
2agency which employs the peace officer giving notice under this
3subsection may recover the cost of care or provision for the
4animal from the owner or person arrested.
5    (c) Any peace officer and any person into whose care an
6animal is delivered by a peace officer acting under this
7Section, who cares or provides for an animal under this
8Section, shall be immune from civil liability based upon an
9allegation that the care was negligently provided, unless the
10act is the result of willful or wanton misconduct.
11    (d) Any act of omission or commission by any peace officer
12acting in good faith in enforcing this Act shall not impose
13civil liability upon the peace officer or his or her supervisor
14or employer, unless the act is a result of willful or wanton
16    Section 99. Effective date. This Act takes effect upon
17becoming law.