Illinois General Assembly - Full Text of Public Act 095-0868
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Public Act 095-0868




Public Act 095-0868
HB5076 Enrolled LRB095 19030 RCE 45207 b

    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 16.3 and by adding Section 16.5 as follows:
    (510 ILCS 70/16.3)
    Sec. 16.3. Civil actions. Any person who has a right of
ownership in an animal that is subjected to an act of
aggravated cruelty under Section 3.02 or torture under Section
3.03 in violation of this Act or in an animal that is injured
or killed as a result of actions taken by a person who acts in
bad faith under subsection (b) of Section 3.06 or under Section
12 of this Act may bring a civil action to recover the damages
sustained by that owner. Damages may include, but are not
limited to, the monetary value of the animal, veterinary
expenses incurred on behalf of the animal, any other expenses
incurred by the owner in rectifying the effects of the cruelty,
pain, and suffering of the animal, and emotional distress
suffered by the owner. In addition to damages that may be
proven, the owner is also entitled to punitive or exemplary
damages of not less than $500 but not more than $25,000 for
each act of abuse or neglect to which the animal was subjected.
In addition, the court must award reasonable attorney's fees
and costs actually incurred by the owner in the prosecution of
any action under this Section.
    The remedies provided in this Section are in addition to
any other remedies allowed by law.
    In an action under this Section, the court may enter any
injunctive orders reasonably necessary to protect animals from
any further acts of abuse, neglect, or harassment by a
    The statute of limitations for a violation of this Act
cruelty to animals is 2 years.
(Source: P.A. 92-454, eff. 1-1-02.)
    (510 ILCS 70/16.5 new)
    Sec. 16.5. Emergency care to an animal; immunity from civil
liability. Any person, including without limitation any person
licensed under the Veterinary Medicine and Surgery Practice Act
of 2004 or licensed as a veterinarian in any other state or
territory of the United States, who in good faith provides
emergency care or treatment without fee to an injured animal or
an animal separated from its owner due to an emergency or a
disaster is not liable for civil damages as a result of his or
her acts or omissions in providing or arranging further care or
treatment, except for willful or wanton misconduct.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2008