State of Illinois
92nd General Assembly
Legislation

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92_HB0599

 
                                               LRB9205372MWdv

 1        AN ACT concerning cruelty to animals.

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

 4        Section 5.  The Humane Care for Animals Act is amended by
 5    changing Sections 2.01a, 4.02, 4.03, 4.04, 10, 12 and 16  and
 6    by  adding  Sections  2.01b, 2.01c, 2.01d, 2.10e, 2.09, 2.10,
 7    3.04, 3.05, 3.06, 17, 18, 19, and 20 as follows:

 8        (510 ILCS 70/2.01a)
 9        Sec. 2.01a.  Companion animal.  "Companion animal"  means
10    an animal that is commonly considered to be, or is considered
11    by  the owner to be to be used as, a pet.  "Companion animal"
12    includes, but  is  not  limited  to,  canines,  felines,  and
13    equines.
14    (Source: P.A. 88-600, eff. 9-1-94.)

15        (510 ILCS 70/2.01b new)
16        Sec. 2.01b.  Exigent       circumstances.        "Exigent
17    circumstances"   means  a  licensed  veterinarian  cannot  be
18    secured without undue delay and, in the opinion of the animal
19    control or humane agency, the animal is so severely  injured,
20    diseased,  or   suffering  that  it  is  unfit for any useful
21    purpose and to delay euthanasia would continue to  cause  the
22    animal extreme suffering.

23        (510 ILCS 70/2.01c new)
24        Sec.  2.01c. Livestock.  "Livestock" means bison, cattle,
25    swine,  sheep,  goats,  or  poultry  that  are   raised   for
26    commercial or subsistence purposes.

27        (510 ILCS 70/2.01d new)
28        Sec.  2.01d.  Service animal.  "Service animal" means any
 
                            -2-                LRB9205372MWdv
 1    guide dog, signal dog, or other animal trained to do work  or
 2    to  perform  tasks  for  the  benefit of an individual with a
 3    disability, including, but not limited  to,  animals  guiding
 4    individuals  with  impaired vision, alerting individuals with
 5    impaired hearing to intruders, providing  minimal  rescue  or
 6    protection  work,  pulling  a wheelchair, or fetching dropped
 7    items.

 8        (510 ILCS 70/2.01e new)
 9        Sec. 2.01e. Search and rescue  dog.  "Search  and  rescue
10    dog"  means any dog that is trained or is certified to locate
11    persons lost  on  land,  in  water,  or  under  rubble  after
12    disasters,  avalanches,  or acts of terrorism, including, but
13    not limited to, dogs that  can  locate  bodies  on  land,  in
14    water,  and  under ice and dogs that are capable of assisting
15    law enforcement officers by  locating  bombs  and  narcotics,
16    finding evidence, or investigating possible arson.

17        (510 ILCS 70/2.09 new)
18        Sec.  2.09.  Humanly  dispatched or euthanized. "Humanely
19    dispatched" or "euthanized" means the painless administration
20    of a lethal dose of an agent as prescribed in the Journal  of
21    the  American  Veterinary  Medical  Association,  January 15,
22    1993, that causes the painless death of  an  animal.  Animals
23    must  be  handled  prior  to administration of the agent in a
24    manner to avoid undue apprehension by the animal.

25        (510 ILCS 70/2.10 new)
26        Sec. 2.10. Animal  hoarder.   "Animal  hoarder"  means  a
27    person  who  (i)  possesses  a  large number of animals; (ii)
28    fails to or is unable to provide what he or she  is  required
29    to  provide  under  Section  3  of  this Act; (iii) keeps the
30    animals in  a  severely  overcrowded  environment;  and  (iv)
31    displays  an  inability to recognize or understand the nature
 
                            -3-                LRB9205372MWdv
 1    of the conditions under which the animals are living and  the
 2    deleterious  impact  they  have  on  the  animals' health and
 3    well-being.

 4        (510 ILCS 70/3.04 new)
 5        Sec. 3.04. Arrests and seizures.
 6        (a)  Any law enforcement officer making an arrest for  an
 7    offense involving one or more animals under Sections 3, 3.01,
 8    3.02,  or  3.03  of this Act must lawfully take possession of
 9    all animals in the possession of  the  person  arrested.  The
10    officer,  after  taking  possession of the animals, must file
11    with the court before whom the complaint is made against  any
12    person  so  arrested  an  affidavit  stating  the name of the
13    person  charged  in  the  complaint,  a  description  of  the
14    condition of the animal or animals taken, and  the  time  and
15    place  of the animal or animals were taken, together with the
16    name of the person from whom the animal or animals were taken
17    and name of the person who claims to own the animal or animal
18    if different from the person from whom the animal or  animals
19    were  seized.  He  or  she  must  at the same time deliver an
20    inventory of the animal or animals  taken  to  the  court  of
21    competent  jurisdiction. The officer must place the animal or
22    animals in the custody of an animal control or humane  agency
23    and  the  agency must retain custody of the animal or animals
24    subject to an order of the court adjudicating the charges  on
25    the  merits and before which the person complained against is
26    required to appear for  trial.   For  the  purposes  of  this
27    Section,  "animal  control  or  humane  agency"  includes any
28    foster home licensed by an animal control or humane agency.
29        (b)  An owner whose animal or animals are  removed  by  a
30    law  enforcement  officer  under  this  Section must be given
31    written notice of the circumstances of the removal and of any
32    legal remedies available to him or her.  The notice  must  be
33    posted  at  the  place  of  seizure, or delivered to a person
 
                            -4-                LRB9205372MWdv
 1    residing at the place of seizure or, if the  address  of  the
 2    owner  is  different from the address of the person from whom
 3    the animal or animals were seized,  delivered  by  registered
 4    mail to his or her last known address.

 5        (510 ILCS 70/3.05 new)
 6        Sec. 3.05. Security.
 7        (a)  The  animal  control or humane agency having custody
 8    of the animal or animals may file a petition with  the  court
 9    requesting  that  the  person from whom the animal or animals
10    are seized, or the owner of the animal or animals, be ordered
11    to post a security.   The  security  must  be  in  an  amount
12    sufficient  to  secure  payment  of  all  reasonable expenses
13    expected to be incurred  by  the  animal  control  or  humane
14    agency  in caring for and providing for the animal or animals
15    pending the disposition of the charges.  Reasonable  expenses
16    include,  but  are not limited to, estimated medical care and
17    boarding of the animal or animals for 30 days. The amount  of
18    the  security  shall  be determined by the court after taking
19    into consideration all of the facts and circumstances of  the
20    case,  including,  but  not limited to, the recommendation of
21    the impounding organization having custody and  care  of  the
22    seized  animal  or  animals  and  the  cost of caring for the
23    animal  or  animals.   If  a  security  has  been  posted  in
24    accordance with this Section, the humane  society  or  animal
25    control  agency  may  draw from the security the actual costs
26    incurred by the organization in caring for the seized  animal
27    or animals.
28        (b)  Upon  receipt  of  a  petition  the court must set a
29    hearing on the petition, to be conducted  within  5  business
30    days  after the petition is filed.  The petitioner must serve
31    a true copy of  the  petition  upon  the  defendant  and  the
32    State's  attorney  for  the  county  in  which  the animal or
33    animals were seized.  The petitioner must also serve  a  true
 
                            -5-                LRB9205372MWdv
 1    copy  of  the  petition  on  any  interested person.  For the
 2    purposes of this subsection,  "interested  person"  means  an
 3    individual,   partnership,   firm,   joint   stock   company,
 4    corporation, association, trust, estate or other legal entity
 5    that  the  court  determines may have a pecuniary interest in
 6    the animal or animals that are the subject of  the  petition.
 7    The court must set a hearing date to determine any interested
 8    parties.   The  court  may  waive  for  good  cause shown the
 9    posting of security.
10        (c)  If the court orders the posting of a  security,  the
11    security  must be posted with the clerk of the court within 5
12    business days after the hearing. If  the  person  ordered  to
13    post  security  does  not  do  so,  the animal or animals are
14    forfeited by operation of  law  and  the  animal  control  or
15    humane  agency  having  control of the animal or animals must
16    dispose of the animal or animals  through  adoption  or  must
17    humanely euthanize the animal.  In no event may the defendant
18    or any person residing in the defendant's household adopt the
19    animal or animals.
20        (d)  In  the  case  of  livestock, if a person ordered to
21    post security fails to do so, the court may, in  addition  to
22    ordering the forfeiture of the livestock to animal control or
23    a  humane agency, order that the livestock be sold; provided,
24    however, that all interested persons must first  be  provided
25    the opportunity to redeem their interest in the livestock and
26    to  purchase  the  interest  of  the  person  ordered to post
27    security under subsection (b) of this Section.  The  sale  of
28    livestock  shall  be subject to any conditions that the court
29    deems appropriate to assure the proper care and treatment  of
30    the livestock. Any livestock determined by the court to be so
31    maimed, diseased, disabled, or infirm as to be unfit for sale
32    or  for  any  useful  purpose must be forfeited to the animal
33    control or humane agency and  must  be  cared  for  and  made
34    available   for  adoption  or  must  be  humanely  dispatched
 
                            -6-                LRB9205372MWdv
 1    according to this Act. The court  may  reimburse  the  person
 2    ordered to post security and any interested persons any money
 3    earned  by  the sale of the livestock less any costs incurred
 4    by the impounding facility including,  but  not  limited  to,
 5    veterinary care and costs associated with custodial care.
 6        (e)  Nothing  in  this Section limits or restricts in any
 7    way the rights of a secured party having a security  interest
 8    in  any  animal  or  animals  or  livestock described in this
 9    Section.  This Section does not  impair  or  subordinate  the
10    rights  of a secured lender having a security interest in the
11    animal or animals or livestock or in the  proceeds  from  the
12    sale of the livestock.
13        (f)  The impounding organization may file a petition with
14    the court upon the expiration of the 30-day period requesting
15    the  posting  of additional security. The court may order the
16    person from whom the animal or animals were  seized,  or  the
17    owner  of  the  animal  or  animals,  to  post  an additional
18    security with the clerk of the court  to  secure  payment  of
19    reasonable  expenses for an additional period of time pending
20    a determination by the  court  of  the  charges  against  the
21    person from whom the animal or animals were seized.
22        (g)  In  no event may the security prevent the impounding
23    organization having custody and care of the animal or animals
24    from disposing of the animal or animals before the expiration
25    of the 30-day period covered by the  security  if  the  court
26    makes  a determination of the charges against the person from
27    whom the animal or animals were seized. Upon the adjudication
28    of the  charges,  the  person  who  posted  the  security  is
29    entitled  to  a  refund of the security, in whole or in part,
30    for any expenses not incurred by the impounding organization.
31        (h)  Notwithstanding any other provision of this  Section
32    to  the  contrary,  the court may order a person charged with
33    any violation of this Act to provide necessary  food,  water,
34    shelter,  and  care  for  any  animal or animals that are the
 
                            -7-                LRB9205372MWdv
 1    basis of the charge without the  removal  of  the  animal  or
 2    animals  from  its  existing  location  and until the charges
 3    against  the  person  are  adjudicated.     Until   a   final
 4    determination  of  the  charges  is made, any law enforcement
 5    officer, animal control officer, Department investigator,  or
 6    an approved humane investigator may be authorized by an order
 7    of  the  court  to make regular visits to the place where the
 8    animal or animals are being kept to ascertain if  the  animal
 9    or  animals are receiving necessary food, water, shelter, and
10    care.  Nothing in this Section prevents any  law  enforcement
11    officer,   Department   investigator,   or   approved  humane
12    investigator from applying for a warrant under  this  Section
13    to  seize  any  animal  or  animals  being held by the person
14    charged pending the adjudication of  the  charges  if  it  is
15    determined  that  the animal or animals are not receiving the
16    necessary food, water, shelter, or care.

17        (510 ILCS 70/3.06 new)
18        Sec. 3.06. Disposition of seized animals.
19        (a)  Upon the  conviction  of  the  person  charged,  all
20    animals  seized,  if  not  previously  ordered  forfeited  or
21    previously  forfeited  by  operation of law, are forfeited to
22    the facility impounding the  animals  and  must  be  humanely
23    euthanized or adopted.  Any outstanding costs incurred by the
24    impounding  facility  for  boarding  and treating the animals
25    pending the disposition of the case and any costs incurred in
26    disposing  of  the  animals  must  be  borne  by  the  person
27    convicted. In the event of the acquittal or  final  discharge
28    without conviction of the person charged and when the animals
29    were  not  previously  ordered forfeited by judicial order or
30    operation of law, the  court  shall,  upon  petition  of  the
31    State,  animal  control  agency,  or  humane  agency,  hold a
32    hearing as to  the  disposition  of  the  animals  and  other
33    property  seized.   If  the court finds by a preponderance of
 
                            -8-                LRB9205372MWdv
 1    the evidence that the criminal allegations are true  or  that
 2    the  animals  were  neglected  or  abused,  the  animals  are
 3    forfeited  to  the  impounding  facility.  If the court finds
 4    that the State failed to prove the  criminal  allegations  or
 5    that  the  animals  were  neglected or abused, the court must
 6    direct the delivery of the animals and other seized  property
 7    not  previously  forfeited  to  the  owner of the animals and
 8    property.
 9        (b)  Any person authorized by this Section to care for an
10    animal or animals, to treat  an  animal  or  animals,  or  to
11    attempt  to  restore  an animal or animals to good health and
12    who is acting in good faith  is  immune  from  any  civil  or
13    criminal liability that may result from his or her actions.
14        (c)  Any veterinarian in this State who is presented with
15    an  animal  or animals for the treatment of abuse must file a
16    report with the Department and cooperate with the  Department
17    by  furnishing  the  owner's name, the date of receipt of the
18    animal or animals  and  any  treatment  administered,  and  a
19    description  of  the  animal or animals involved, including a
20    microchip number if applicable.  Any veterinarian who in good
21    faith makes a report, as required  by  this  subsection,  has
22    immunity  from  any liability, civil, criminal, or otherwise,
23    that may result from his or her actions.  For the purposes of
24    any proceedings, civil or criminal, the  good  faith  of  the
25    veterinarian shall be presumed.
26        An animal control or humane agency may humanely euthanize
27    severely  injured,  diseased, or suffering animals in exigent
28    circumstances.

29        (510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
30        Sec. 4.02.  Arrests; reports.
31        (a)  Any law enforcement officer making an arrest for  an
32    offense involving one or more dogs under Section 4.01 of this
33    Act  shall  lawfully  take  possession  of  all  dogs and all
 
                            -9-                LRB9205372MWdv
 1    paraphernalia, implements, or other property or  things  used
 2    or employed, or about to be employed, in the violation of any
 3    of  the  provisions  of Section 4.01 of this Act.  When a law
 4    enforcement officer has  taken  Such  officer,  after  taking
 5    possession  of  such dogs, paraphernalia, implements or other
 6    property or things, he or  she  shall  file  with  the  court
 7    before  whom  the  complaint  is  made  against any person so
 8    arrested an affidavit stating therein the name of the  person
 9    charged in the such complaint, a  description of the property
10    so  taken  and  the  time  and  place  of  the taking thereof
11    together with the name of the person from whom the  same  was
12    taken and name of the person who claims to own such property,
13    if  different  from the person from whom the dogs were seized
14    and if known, and that the affiant has reason to believe  and
15    does believe, stating the ground of the such belief, that the
16    dogs and property so taken were was used or employed, or were
17    was  about  to  be  used  or employed, in a such violation of
18    Section 4.01 of this Act.  He or she shall thereupon  deliver
19    an  inventory  of  the  property  so  taken  to  the court of
20    competent jurisdiction.  The officer must place the  dogs  in
21    the  custody  of  an  animal control or humane agency and the
22    agency must retain custody of the dogs pending  an  order  of
23    the  court  adjudicating the charges on the merits and before
24    which the person complained against is required to appear for
25    trial. A law enforcement officer may humanely euthanize  dogs
26    that  are severely injured. For the purposes of this Section,
27    "animal control or humane agency" includes  any  foster  home
28    licensed by an animal control or humane agency.
29        (a-5)  An owner whose dogs are removed for a violation of
30    Section  4.01 of this Act must be given written notice of the
31    circumstances of  the  removal  and  of  any  legal  remedies
32    available  to  him  or her.  The notice must be posted at the
33    place of seizure or delivered to a  person  residing  at  the
34    place of seizure or, if the address of the owner is different
 
                            -10-               LRB9205372MWdv
 1    from  the  address  of  the  person  from  whom the dogs were
 2    seized, delivered by registered mail to his or her last known
 3    address.
 4        (a-10)  The  animal  control  or  humane  agency   having
 5    custody  of  the  dogs  may  file  a  petition with the court
 6    requesting that the person from whom the dogs were seized  or
 7    the  owner  of  the  dogs be ordered to post a security.  The
 8    security must be in an amount sufficient to secure payment of
 9    all reasonable expenses expected to be incurred by the animal
10    control or humane agency in caring for and providing for  the
11    dogs pending the disposition of charges.  Reasonable expenses
12    include,  but  are not limited to, estimated medical care and
13    boarding of the dogs for at least 30 days.  The amount of the
14    security shall be determined by the court after  taking  into
15    consideration all of the facts and circumstances of the case,
16    including,  but  not  limited  to,  the recommendation of the
17    impounding organization having custody and care of the seized
18    dogs and the cost of caring for the dogs. If a  security  has
19    been  posted  in  accordance  with  this  Section, the humane
20    society or animal control may  draw  from  the  security  the
21    actual  costs  incurred by the organization in caring for the
22    seized dogs. The court may waive for  good  cause  shown  the
23    posting of security.
24        (a-15)  Upon  receipt of a petition, the court must set a
25    hearing on the petition to be  conducted  within  5  business
26    days  after the petition is filed.  The petitioner must serve
27    a true copy of  the  petition  upon  the  defendant  and  the
28    State's attorney of the county in which the dogs were seized.
29    The petitioner must also serve a true copy of the petition on
30    any   interested   person.    "Interested  person"  means  an
31    individual,   partnership,   firm,   joint   stock   company,
32    corporation,  association,  trust,  estate,  or  other  legal
33    entity  that  the  court  determines  may  have  a  pecuniary
34    interest in the dogs that are the subject  of  the  petition.
 
                            -11-               LRB9205372MWdv
 1    The court must set a hearing date to determine any interested
 2    parties.
 3        (a-20)  If  the  court  orders the posting of a security,
 4    the security must be posted  with  the  clerk  of  the  court
 5    within  5  business  days  after  the  hearing. If the person
 6    ordered to post  security  does  not  do  so,  the  dogs  are
 7    forfeited  by  operation  of  law  and  the animal control or
 8    humane agency having custody or  control  of  the  dogs  must
 9    dispose of the dogs through adoption or humane euthanasia. In
10    no  event  may  the  defendant  or any person residing in the
11    defendant's household adopt the dogs.
12        (a-25)  Upon receipt of a petition  from  the  impounding
13    organization,  the  court  may order the person from whom the
14    dogs were seized  or  the  owner  of  the  dogs  to  post  an
15    additional  security  with  the  clerk of the court to secure
16    payment of reasonable expenses for an  additional  period  of
17    time  pending  a  determination  by  the court of the charges
18    against the person from whom the dogs were seized.
19        (a-30)  In  no  event  may  the  security   prevent   the
20    impounding  organization  having custody and care of the dogs
21    from disposing of the  dogs  before  the  expiration  of  the
22    30-day  period  covered  by the security if the court makes a
23    determination of the charges against the person from whom the
24    dogs were seized.  Upon the adjudication of the charges,  the
25    person who posted the security is entitled to a refund of the
26    security,  in whole or in part, for any expenses not incurred
27    by the impounding organization, which shall, by order,  place
28    the  same  in  custody  of  an officer or other proper person
29    named and designated in such order, to be kept by  him  until
30    the  conviction  or final discharge of such person complained
31    against, and shall send a copy of such order without delay to
32    the State's attorney of the county and the Department.    The
33    officer or person so named and designated in such order shall
34    immediately thereupon assume the custody of such property and
 
                            -12-               LRB9205372MWdv
 1    shall  retain  the  same,  subject  to the order of the court
 2    before  which  such  person  so  complained  against  may  be
 3    required to appear for trial.
 4        (a-35)  Upon the conviction of the person so charged, all
 5    dogs and property so seized shall be adjudged by the court to
 6    be forfeited and shall thereupon adopted or euthanized.   Any
 7    outstanding  costs  incurred  by  the  impounding facility in
 8    boarding and treating the dogs pending the disposition of the
 9    case and disposing of the dogs  upon  a  conviction  must  be
10    borne  by  the  person  convicted  be  destroyed or otherwise
11    disposed of as the court may order.   In  the  event  of  the
12    acquittal or final discharge without conviction of the person
13    so  charged the such court shall, upon petition of the State,
14    animal control agency, or humane agency, hold a hearing as to
15    the disposition of the dogs and the  other  property  seized.
16    If  the  court  finds by a preponderance of the evidence that
17    the criminal allegations are  true  or  that  the  dogs  were
18    neglected or abused, the dogs are forfeited to the impounding
19    facility  where  the  dogs  must  be  adopted out or humanely
20    euthanized.  In no event may  the  dogs  be  adopted  by  the
21    defendant  or anyone residing in his or her household. If the
22    court finds  that  the  State  either  failed  to  prove  the
23    criminal  allegations  or  that  the  dogs  were neglected or
24    abused, the court must direct the delivery of  the  dogs  and
25    the  other  property not previously forfeited to the owner of
26    the dogs and property.
27        (a-40)  Any person authorized by this Section to care for
28    a dogs, to treat a dogs, or to attempt to restore a  dogs  to
29    good  health  and  who is acting in good faith is immune from
30    any civil or criminal liability that may result from  his  or
31    her actions.
32        (a-45)  An  animal control or humane agency may euthanize
33    severely injured, diseased,  or  suffering  dogs  in  exigent
34    circumstances,   on  demand,  direct  the  delivery  of  such
 
                            -13-               LRB9205372MWdv
 1    property so held in custody to the owner thereof.
 2        (b)  Any veterinarian in this State who is presented with
 3    an animal for treatment of injuries or wounds resulting  from
 4    fighting  where  there  is  a reasonable possibility that the
 5    animal was engaged in or utilized for a fighting event  shall
 6    file a report with the Department and cooperate by furnishing
 7    the  owners'  names, date of receipt of the animal or animals
 8    and treatment administered, dates  and  descriptions  of  the
 9    animal  or  animals  involved.   Any veterinarian who in good
10    faith makes a report, as required by this subsection (b),  is
11    immune   shall  have  immunity  from  any  liability,  civil,
12    criminal, or that otherwise, resulting from his or her  might
13    result  by  reason  of such actions.  For the purposes of any
14    proceedings, civil or criminal, the good faith  of  any  such
15    veterinarian shall be presumed.
16    (Source: P.A. 84-723.)

17        (510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
18        Sec.  4.03.   Teasing,  striking or tampering with police
19    animals,  service  animals,  or  search   and   rescue   dogs
20    prohibited.  It shall be unlawful for any person to willfully
21    and  maliciously  taunt,  torment,  tease,  beat,  strike, or
22    administer or subject any desensitizing drugs,  chemicals  or
23    substance to (i) any animal used by a law enforcement officer
24    in the performance of his or her functions or duties, or when
25    placed  in  confinement  off  duty,  (ii) any service animal,
26    (iii) any search and rescue dog, or (iv) any police, service,
27    or search and rescue animal in training.  It is unlawful  for
28    any  person  to;  or to interfere or meddle with (i) any such
29    animal used by a law enforcement department or agency or  any
30    handler thereof in the performance of the functions or duties
31    of  the  department or agency, (ii) any service animal, (iii)
32    any search and rescue animal in or (iv) any law  enforcement,
33    service, or search and rescue animal in training.
 
                            -14-               LRB9205372MWdv
 1    (Source: P.A. 90-80, eff. 7-10-97.)

 2        (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
 3        Sec.  4.04.   Injuring or killing police animals, service
 4    animals, or search and rescue dogs prohibited.  It  shall  be
 5    unlawful  for any person to willfully or maliciously torture,
 6    mutilate, injure, disable, poison, or  kill  (i)  any  animal
 7    used  by  a  law  enforcement  department  or  agency  in the
 8    performance of the functions or duties of the  department  or
 9    agency  or  when  placed  in  confinement  off duty, (ii) any
10    service animal, (iii) any search and rescue dog, or (iv)  any
11    law  enforcement,  service,  or  search  and rescue animal in
12    training.  However, a  police  officer  or  veterinarian  may
13    perform  euthanasia  in emergency situations when delay would
14    cause the animal undue suffering and pain.
15    (Source: P.A. 90-80, eff. 7-10-97; 91-357, eff. 7-29-99.)

16        (510 ILCS 70/10) (from Ch. 8, par. 710)
17        Sec. 10.  Investigation of complaints.
18        (a)  Upon receiving a complaint of a suspected  violation
19    of  this  Act, a Department investigator, any law enforcement
20    official, or an approved humane  investigator  may,  for  the
21    purpose  of  investigating  the allegations of the complaint,
22    enter during normal business hours upon  any  premises  where
23    the  animal  or animals described in the complaint are housed
24    or kept, provided such entry  shall  not  be  made  into  any
25    building  which  is  a  person's  residence, except by search
26    warrant or court order. Institutions operating under  federal
27    license   to  conduct  laboratory  experimentation  utilizing
28    animals for research or medical purposes are, however, exempt
29    from the provisions of this Section.  State's  Attorneys  and
30    law  enforcement  officials  shall provide such assistance as
31    may be required in the conduct of  such  investigations.  Any
32    such   investigation  requiring  legal  procedures  shall  be
 
                            -15-               LRB9205372MWdv
 1    immediately  reported  to  the  Department.  No  employee  or
 2    representative of the  Department  shall  enter  a  livestock
 3    management  facility  unless  sanitized  footwear is used, or
 4    unless the owner or operator  of  the  facility  waives  this
 5    requirement.   The  employee  or representative must also use
 6    any  other  reasonable  disease  prevention   procedures   or
 7    equipment  provided by the owner or operator of the facility.
 8    The animal control administrator and animal  control  wardens
 9    appointed under the Animal Control Act shall be authorized to
10    make  investigations  complying with this Section for alleged
11    violations of Sections 3, and 3.01, 3.02, and 3.03 pertaining
12    to small companion  animals.  If  impoundments  are  made  by
13    wardens,  public  pounds operated by a political entity shall
14    be utilized. The animals impounded  shall  remain  under  the
15    jurisdiction  of the animal control administrator and be held
16    in an animal pound licensed under  the  Animal  Welfare  Act.
17    All  litigation,  appeal,  and  disposition of the animals so
18    held will remain with the governmental agency  operating  the
19    facility.
20        (b)  Notwithstanding  the provisions of subsection (a), a
21    law enforcement  official,  Department  investigator,  animal
22    control  warden, approved humane investigator, animal control
23    administrator, or veterinarian licensed  in  this  State  may
24    take  an animal into temporary protective custody if there is
25    reason  to  believe  that  the  animal  has  been  abused  in
26    violation of this Act, there is serious and  imminent  danger
27    to the animal's health or well being, and there is no time to
28    obtain  a  court order of impoundment.  The animal taken into
29    protective  custody  must   immediately   be   taken   to   a
30    veterinarian  for  treatment.   The  person taking the animal
31    into protective custody must  leave  written  notice  of  the
32    impoundment  posted at the place of seizure or delivered to a
33    person residing at the place of seizure or, if the  owner  is
34    different from the address of the person from whom the animal
 
                            -16-               LRB9205372MWdv
 1    was  seized,  delivered by registered mail to his or her last
 2    known address. The person taking the animal  into  protective
 3    custody  must seek a 7-day extension of protective custody or
 4    permanent custody of the animal by filing written charges  in
 5    the criminal court.
 6        Nothing  in  this subsection permits entry into a private
 7    dwelling.
 8        (c)  Any law  enforcement  official,  animal  control  or
 9    humane  agency, approved humane investigator, or veterinarian
10    acting in good faith is immune from  any  civil  or  criminal
11    liability  that  resulting from his or her actions under this
12    Section. The good faith on the part of  the  law  enforcement
13    official,  approved  humane  investigator,  animal control or
14    humane agency, or veterinarian is presumed.
15    (Source: P.A. 87-157.)

16        (510 ILCS 70/12) (from Ch. 8, par. 712)
17        Sec. 12. Impounding animals; notice of impoundment.
18        (a)  When an approved humane investigator,  a  Department
19    investigator or a veterinarian finds that a violation of this
20    Act has rendered an animal in such a condition that no remedy
21    or corrective action by the owner is possible or the violator
22    fails  or  refuses  to  take  corrective action necessary for
23    compliance pursuant to Section 11 of this Act, the Department
24    must may impound or order the impoundment of the animal.   If
25    the  violator  fails  or  refuses  to  take corrective action
26    necessary for compliance with Section 11  of  this  Act,  the
27    Department  may  impound the animal. If the animal is ordered
28    impounded, it shall be impounded in a facility that can which
29    will provide the elements  of  good  care  as  set  forth  in
30    Section  3  of  this  Act,  and  where  such animals shall be
31    examined and treated by a licensed veterinarian  or,  if  the
32    animal  is severely injured, diseased, or suffering, humanely
33    euthanized.
 
                            -17-               LRB9205372MWdv
 1        (b)  A notice  of  impoundment  shall  be  given  by  the
 2    investigator  to the violator, if known, in person or sent by
 3    certified or registered mail. A copy  of the notice shall  be
 4    retained by the investigator and a copy forwarded immediately
 5    to  the  Department.  The notice of impoundment shall include
 6    the following:
 7             (1)  A number assigned by the Department which  will
 8        also  be  given  to the impounding facility accepting the
 9        responsibility of the animal or animals.
10             (2)  Listing of deficiencies noted.
11             (3)  An  accurate  description  of  the  animal   or
12        animals involved.
13             (4)  Date  on  which  the  animal  or  animals  were
14        impounded.
15             (5)  Signature of the investigator.
16             (6)  A  statement  that: "The violator may request a
17        hearing to appeal the impoundment. A  person  desiring  a
18        hearing  shall  contact  the  Department  of  Agriculture
19        within  7  days  from  the  date  of impoundment" and the
20        Department  must  will  hold  an  administrative  hearing
21        within 7 business  days  after  receiving  a  request  to
22        appeal  the  impoundment.  If  the hearing cannot be held
23        prior to the expiration of the 7-day impoundment  period,
24        the  Department shall notify the impounding facility that
25        it cannot sell, offer for adoption,  or  dispose  of  the
26        animal  or animals or, in the case of livestock, sell the
27        livestock until a final decision is rendered and  all  of
28        the appeal processes have expired.
29        If  a  hearing  is  requested  by  any owner of impounded
30    animals, the Hearing Officer shall, have the authority  after
31    hearing  the testimony of all interested affected parties, to
32    render a decision within 5 business days regarding as to  the
33    disposition  of  the impounded animals.  This decision by the
34    Hearing Officer shall have no effect on the criminal  charges
 
                            -18-               LRB9205372MWdv
 1    that may be filed with the appropriate authorities.
 2        If  an  owner  requests  a hearing, the animal control or
 3    humane agency having control of the  animal  or  animals  may
 4    file  a  petition  with  the  court  in  the county where the
 5    impoundment took place requesting that the person  from  whom
 6    the  animal or animals were seized or the owner of the animal
 7    or animals be ordered to post a security.  The security  must
 8    be  in  the  amount  sufficient  to  secure  payment  of  all
 9    reasonable  expenses  expected  to  be incurred by the animal
10    control or humane agency in caring for and providing for  the
11    animal   or  animals  pending  the  disposition  of  charges.
12    Reasonable  expenses  include,  but  are  not   limited   to,
13    estimated  medical care and boarding of the animal or animals
14    for 30 days. The amount of the security shall  be  determined
15    by the court after taking into consideration all of the facts
16    and circumstances of the case, including, but not limited to,
17    the  recommendation  of  the  impounding  organization having
18    custody and care of the seized animal or animals and the cost
19    of caring for the animal or animals. If a security  has  been
20    posted in accordance with this Section, the humane society or
21    animal  control  agency may draw from the security the actual
22    reasonable costs to be incurred by the organization in caring
23    for the seized animal or animals.
24        Upon receipt of a petition for the posting  of  security,
25    the  court  must  set  a  hearing  to  be  conducted within 5
26    business days after the petition is filed.    The  petitioner
27    must serve a true copy of the petition upon the defendant and
28    the  Department  of  Agriculture.   The  petitioner must also
29    serve a true copy of the petition on any  interested  person.
30    For  purposes of this paragraph, "interested person" means an
31    individual,   partnership,   firm,   joint   stock   company,
32    corporation,  association,  trust,  estate,  or  other  legal
33    entity  that  the  court  determines  may  have  a  pecuniary
34    interest in the animal or animals that are the subject of the
 
                            -19-               LRB9205372MWdv
 1    petition. The court must hold  a  hearing  to  determine  any
 2    interested parties.  The court may waive for good cause shown
 3    the posting of security.
 4        If the court orders the posting of security, the security
 5    must  be posted with the clerk of the court within 5 business
 6    days after  the  hearing.  If  the  person  ordered  to  post
 7    security  does not do so, the court must order the Department
 8    of Agriculture to hold a hearing on the impoundment within  5
 9    business  days.   If the Department determines that it is not
10    in the best interest of the animal or animals to be  returned
11    to  the person from whom it was seized, the animal or animals
12    are forfeited to the animal control or humane  agency  having
13    control  of  the  animal  or animals.  If no petition for the
14    posting of a security is filed or a petition  was  filed  and
15    granted  but  the person failed to post security, any expense
16    incurred in the impoundment shall  remain  outstanding  until
17    satisfied  by the owner or the person from whom the animal or
18    animals were impounded.
19        Any expense incurred in such impoundment becomes  a  lien
20    on  the  animal  impounded  and must be discharged before the
21    animal is released from the facility. When the impoundment is
22    not appealed, the animal or animals  are  forfeited  and  the
23    animal  control  or  humane  agency  in  charge  of animal or
24    animals  may  lawfully  and  without  liability  provide  for
25    adoption of the animal or animals by a person other than  the
26    person  who forfeited the animal or animals, or any person or
27    persons dwelling in the same  household  as  the  person  who
28    forfeited   the  animals  or  animals,  or  it  may  humanely
29    euthanize the animal or animals.  In the case  of  livestock,
30    the  livestock  may  be  sold,  subject  to the provisions of
31    subsection (d) of Section 3.05 of  this  Act,  at  public  or
32    private  sale  for fair consideration.  The sale must be to a
33    person capable of   providing care consistent with this  Act.
34    The  proceeds  of  that  sale  must  be used to reimburse the
 
                            -20-               LRB9205372MWdv
 1    animal control or  humane  agency  for  any  costs  incurred,
 2    including,  but  not  limited  to,  the costs associated with
 3    seizure of the animal, costs associated with  veterinary  and
 4    custodial  care,  and  any  fines or penalties imposed by the
 5    court.  Any balance must be paid to the owner.   In  no  case
 6    may livestock be redeemed by the person who is the subject of
 7    the  forfeiture  or  by  any  person  dwelling  in  the  same
 8    household  as  the  animal  that forfeited. the animal is not
 9    claimed by its owner  and  all  impoundment  costs  satisfied
10    within  7  days, it may be sold at public or private sale for
11    fair consideration to a  person  capable  of  providing  care
12    consistent  with  this  Act,  with  the proceeds of that sale
13    applied first to discharge the lien and  any  balance  to  be
14    paid  over to the owner. If no purchaser is found, the animal
15    may be offered for adoption or disposed of in  a  manner  not
16    inconsistent with this or any other Act.
17    (Source: P.A. 88-600, eff. 9-1-94.)

18        (510 ILCS 70/16) (from Ch. 8, par. 716)
19        Sec. 16.  Violations; punishment; injunctions.
20        (a)  Any  person convicted of violating Sections 5, 5.01,
21    or 6 of this Act  or any rule, regulation, or  order  of  the
22    Department pursuant thereto, or the first time is guilty of a
23    Class A C misdemeanor.  A second or subsequent violation is a
24    Class 4 felony.
25             (b)(1)  This subsection (b) does not apply where the
26        only animals involved in the violation are dogs.
27             (2)  Any  person  convicted  of violating subsection
28        (a), (b), (c) or (h) of Section 4.01 of this Act  or  any
29        rule,  regulation,  or  order  of the Department pursuant
30        thereto, is guilty of a Class A misdemeanor.
31             (3)  A second or subsequent  offense  involving  the
32        violation  of  subsection (a), (b) or (c) of Section 4.01
33        of this Act or any rule,  regulation,  or  order  of  the
 
                            -21-               LRB9205372MWdv
 1        Department pursuant thereto is a Class 4 felony.
 2             (4)  Any  person  convicted  of violating subsection
 3        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
 4        regulation,  or  order of the Department pursuant thereto
 5        for the first time, is guilty of a Class A B misdemeanor.
 6        A second or subsequent violation is a Class 4 felony.
 7             (5)  Any person convicted  of  violating  subsection
 8        (g)  of Section 4.01 of this Act or any rule, regulation,
 9        or order of the Department pursuant thereto is guilty  of
10        a Class C misdemeanor.
11             (c)(1)  This   subsection  (c)  applies  exclusively
12        where the only animals  involved  in  the  violation  are
13        dogs.
14             (2)  Any  person  convicted  of violating subsection
15        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
16        regulation or order of the Department pursuant thereto is
17        guilty of a Class 4 felony and may be fined an amount not
18        to exceed $50,000.
19             (3)  Any  person  convicted  of violating subsection
20        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
21        regulation or order of the Department pursuant thereto is
22        guilty  of  Class  A  misdemeanor, if such person knew or
23        should have known that  the  device  or  equipment  under
24        subsection  (d)  or  (e)  of  that  Section  or the site,
25        structure  or  facility  under  subsection  (f)  of  that
26        Section was to be used to carry out a violation where the
27        only animals involved were dogs.  Where such  person  did
28        not  know  or should not reasonably have been expected to
29        know that the only animals involved in the violation were
30        dogs, the penalty shall be same as that provided  for  in
31        paragraph (4) of subsection (b).
32             (4)  Any  person  convicted  of violating subsection
33        (g) of Section 4.01 of this Act or any  rule,  regulation
34        or order of the Department pursuant thereto is  guilty of
 
                            -22-               LRB9205372MWdv
 1        a Class C misdemeanor.
 2             (5)  A  second or subsequent violation of subsection
 3        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
 4        regulation or order of the Department pursuant thereto is
 5        a  Class  3  felony.  A second or subsequent violation of
 6        subsection (d), (e) or (f) of Section 4.01 of this Act or
 7        any rule, regulation or order of the  Department  adopted
 8        pursuant  thereto  is  a  Class  3  felony,  if  in  each
 9        violation  the  person knew or should have known that the
10        device or equipment under subsection (d) or (e)  of  that
11        Section   or   the  site,  structure  or  facility  under
12        subsection (f) of that Section was to be  used  to  carry
13        out  a  violation  where  the  only animals involved were
14        dogs.  Where such person  did  not  know  or  should  not
15        reasonably  have  been  expected  to  know  that the only
16        animals involved in the violation were dogs, a second  or
17        subsequent  violation  of  subsection  (d), (e) or (f) of
18        Section 4.01 of this Act or any rule, regulation or order
19        of the Department adopted pursuant thereto is a  Class  4
20        felony  A  misdemeanor.  A second or subsequent violation
21        of subsection (g) is a Class B misdemeanor.
22             (6)  Any person convicted of violating Section  3.01
23        of  this  Act  is  guilty  of a Class A C misdemeanor.  A
24        second  or  subsequent  conviction  for  a  violation  of
25        Section 3.01 is a Class 4 felony B misdemeanor.  A  third
26        or  subsequent conviction for a violation of Section 3.01
27        is a Class A misdemeanor.
28             (7)  Any person convicted of violating Section  4.03
29        for  the first time is guilty of a Class A B misdemeanor.
30        A second or subsequent violation is a Class 4 felony.
31             (8)  Any person convicted of violating Section  4.04
32        is  guilty  of  a Class A misdemeanor where the animal is
33        not killed or totally disabled,  but  if  the  animal  is
34        killed or totally disabled such person shall be guilty of
 
                            -23-               LRB9205372MWdv
 1        a Class 4 felony.
 2             (8.5)  A  person  convicted  of violating subsection
 3        (a) of Section 7.15 is guilty of a Class A B misdemeanor.
 4        A person convicted of violating subsection (b) or (c)  of
 5        Section  7.15  is  (i) guilty of a Class A misdemeanor if
 6        the dog is not killed or totally disabled and (ii) if the
 7        dog is killed or totally disabled, guilty of  a  Class  4
 8        felony   and   may  be  ordered  by  the  court  to  make
 9        restitution to the  disabled  person  having  custody  or
10        ownership of the dog for veterinary bills and replacement
11        costs  of the dog.  A second or subsequent violation is a
12        Class 4 felony.
13             (9)  Any person convicted of any other act of  abuse
14        or  neglect  or  of violating any other provision of this
15        Act, or any rule, regulation, or order of the  Department
16        pursuant  thereto,  is guilty of a Class A C misdemeanor.
17        A second or subsequent violation is a Class 4 felony with
18        every day  that  a  violation  continues  constituting  a
19        separate offense.
20        (d)  (Blank).  Any  person convicted of violating Section
21    7.1 is guilty of a petty offense.   A  second  or  subsequent
22    conviction  for  a  violation  of  Section  7.1  is a Class C
23    misdemeanor.
24        (e)  Any person convicted of violating  Section  3.02  is
25    guilty  of  a  Class  A  misdemeanor.  A second or subsequent
26    violation is a Class 4 felony.
27        (f)  The Department may enjoin a person from a continuing
28    violation of this Act.
29        (g)  Any person convicted of violating  Section  3.03  is
30    guilty  of  a Class 4 felony.  A second or subsequent offense
31    is a Class 3 felony.  As a condition of the sentence  imposed
32    under  this  Section,  the  court shall order the offender to
33    undergo a psychological  or  psychiatric  evaluation  and  to
34    undergo treatment that the court determines to be appropriate
 
                            -24-               LRB9205372MWdv
 1    after due consideration of the evaluation.
 2        (h)  In  addition  to  any other penalty provided by law,
 3    upon a conviction for violating Section  3,  3.01,  3.02,  or
 4    3.03  the  court  may order the convicted person to undergo a
 5    psychological or psychiatric evaluation and  to  undergo  any
 6    treatment  at  the  convicted person's expense that the court
 7    determines to be appropriate after due consideration  of  the
 8    evaluation.  If  the  convicted  person  is  a juvenile or an
 9    animal hoarder, the court must order the convicted person  to
10    undergo  a  psychological  or  psychiatric  evaluation and to
11    undergo treatment that the court determines to be appropriate
12    after due consideration of the evaluation.
13        (i)  In addition to any other penalty  provided  by  law,
14    upon conviction for violating Sections 3, 3.01, 3.02, or 3.03
15    the  court  may  order  the  convicted person to forfeit to a
16    humane agency  or  animal  control  facility  the  animal  or
17    animals that are the basis of the conviction.  Upon  an order
18    of  forfeiture,  the  convicted  person  is  deemed  to  have
19    permanently  relinquished all rights to the animal or animals
20    that are the basis of the conviction.  The  forfeited  animal
21    or  animals  shall  be adopted or humanely euthanized.  In no
22    event may the convicted person or anyone residing in  his  or
23    her  household  be permitted to adopt the forfeited animal or
24    animals.    The  court,  additionally,  may  order  that  the
25    convicted person and persons dwelling in the  same  household
26    as  the  convicted person who conspired, aided, or abetted in
27    the unlawful act that was the basis of the conviction, or who
28    knew or should have known of the unlawful act, may  not  own,
29    harbor, or have custody or control of any other animals for a
30    period of time that the court deems reasonable.
31    (Source:  P.A.  90-14,  eff.  7-1-97;  90-80,  eff.  7-10-97;
32    91-291,  eff.  1-1-00;  91-351,  eff.  7-29-99;  91-357, eff.
33    7-29-99; revised 8-30-99.)
 
                            -25-               LRB9205372MWdv
 1        (510 ILCS 70/17 new)
 2        Sec. 17. Payment of the costs of violations. In  addition
 3    to  the  any  other  penalties  under this Act, the convicted
 4    person must pay all costs necessary to  restore  the  injured
 5    animal  to good health or to otherwise ameliorate the effects
 6    of the abuse or neglect.  In addition, the court  must  order
 7    the  convicted  person  to pay all costs incurred in boarding
 8    and  caring  for  any  animal  abused  or  neglected  by  the
 9    convicted person pending the disposition of the case and  the
10    costs  of  the disposition of the animal after the conclusion
11    of the case.  All costs paid by the convicted person must  be
12    reimbursed  to  the  humane  organization,  person,  or legal
13    entity that incurred the costs.  The court  must  also  order
14    that an equitable portion of any fine received be paid to any
15    recognized   humane   organization  that  incurred  costs  in
16    investigating or  prosecuting  the  offenses  for  which  the
17    person paying the fine was convicted.

18        (510 ILCS 70/18 new)
19        Sec. 18. Defenses.
20        (a)  It  is  not  a defense to violations of this Act for
21    the person committing the violation to assert that he or  she
22    had  rights of ownership in the animal that was the victim of
23    the violation.
24        (b)  Trespass is not a defense  to  a  prosecution  under
25    this Act.

26        (510 ILCS 70/19 new)
27        Sec. 19.  Corporations.  Corporations may be charged with
28    violations  of  this  Act  for the acts of their employees or
29    agents who violate this Act in the course of their employment
30    or agency.

31        (510 ILCS 70/20 new)
 
                            -26-               LRB9205372MWdv
 1        Sec. 20. Civil actions. Any person who  has  a  right  of
 2    ownership  in  an animal that is subjected to an act of abuse
 3    or neglect in violation of this Act may bring a civil  action
 4    to  recover the damages sustained by that owner.  Damages may
 5    include, but are not limited to, the monetary  value  of  the
 6    animal, veterinary expenses incurred on behalf of the animal,
 7    any  other  expenses  incurred by the owner in rectifying the
 8    effects of the cruelty, pain, and suffering  of  the  animal,
 9    and emotional distress suffered by the owner.  In addition to
10    damages  that  may  be  proven, the owner is also entitled to
11    punitive or exemplary damages of not less than $500  but  not
12    more  than  $25,000 for each act of abuse or neglect to which
13    the animal was subjected.  In addition, the court must  award
14    reasonable attorney's fees and costs actually incurred by the
15    owner in the prosecution of any action under this Section.
16        The  remedies provided in this Section are in addition to
17    any other remedies allowed by law.
18        In an action under this Section, the court may enter  any
19    injunctive  orders  reasonably  necessary  to protect animals
20    from any further acts of abuse, neglect, or harassment  by  a
21    defendant.   Trespass  is  not  a defense to any action under
22    this Section.
23        The statute of limitations for cruelty to  animals  is  2
24    years.

25        Section  99.   Effective  date.  This Act takes effect on
26    January 1, 2002.

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