Full Text of HB5995 99th General Assembly
HB5995eng 99TH GENERAL ASSEMBLY |
| | HB5995 Engrossed | | LRB099 19783 SLF 44181 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 fire | 19 | | officer for arson investigations in the performance of his or | 20 | | her functions or while off duty. However, a police officer or
| 21 | | veterinarian may perform euthanasia in emergency situations | 22 | | when delay would
cause the animal undue suffering and pain.
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| | | HB5995 Engrossed | - 2 - | LRB099 19783 SLF 44181 b |
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| 1 | | A person convicted of violating this subsection Section is | 2 | | guilty of a Class 3 4
felony if the animal is not killed or | 3 | | totally disabled; if
the animal is killed or totally disabled, | 4 | | the person is guilty of a Class 2 3 felony.
| 5 | | (b) A person who kills or severely injures (i) any animal | 6 | | used by a law enforcement department or agency in the | 7 | | performance of the functions or duties of the department or | 8 | | agency of when placed off duty, (ii) any service animal, (iii) | 9 | | any search and rescue dog, (iv) any law enforcement, service, | 10 | | or search and rescue animal in training, or (v) any accelerant | 11 | | detection canine used by a fire officer for arson | 12 | | investigations in the performance of his or her functions or | 13 | | while off duty, while he or she is in the commission of a | 14 | | felony, is guilty of a Class 2 felony. | 15 | | (c) If the offender is found to be guilty under this | 16 | | Section, the offender shall be responsible for any veterinarian | 17 | | bills for an animal that was injured, and training costs for | 18 | | another animal, if the animal injured or killed is no longer | 19 | | able to be in service. | 20 | | (d) A person is not in violation of this Section if the | 21 | | animal used by a law enforcement department or agency was used | 22 | | against the person in violation of the law enforcement | 23 | | department or agency's use of force continuum or policy. | 24 | | (Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07; | 25 | | 96-1171, eff. 7-22-10.)
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