Sen. Linda Holmes

Filed: 5/24/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5477

2    AMENDMENT NO. ______. Amend House Bill 5477 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Humane Care for Animals Act is amended by
5adding Section 7.2 as follows:
 
6    (510 ILCS 70/7.2 new)
7    Sec. 7.2. Persons removing a dog or cat from a locked
8vehicle exempt from civil liability.
9    (a) In this Section, "harm" means injury or death.
10    (b) Except as provided in subsection (c) of this Section, a
11person is immune from civil liability for property damage to a
12locked vehicle when the damage results from forcible entry of
13the vehicle to remove a dog or cat from the vehicle if the
14person:
15        (1) determines the vehicle is locked or there is
16    otherwise no reasonable method for the dog or cat to exit

 

 

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1    the vehicle;
2        (2) has a good faith belief that forcible entry into
3    the vehicle is necessary because the dog or cat is in
4    imminent danger of suffering harm if not immediately
5    removed from the vehicle, and based upon the circumstances
6    known to the person at the time, the belief is a reasonable
7    one;
8        (3) has made a good faith effort to contact a 9-1-1
9    emergency telephone system operator, law enforcement,
10    animal control, or the fire department, and if contact is
11    not possible prior to forcibly entering the vehicle, the
12    person makes contact as soon as possible after forcibly
13    entering the vehicle;
14        (4) makes a good a faith effort to place a notice on
15    the vehicle's windshield with the person's contact
16    information, the reason entry was made, the location of the
17    dog or cat, and the fact that authorities have been
18    notified;
19        (5) remains with the dog or cat in a safe location
20    until the owner arrives, at which time the owner shall take
21    immediate custody of the dog or cat. If the owner does not
22    arrive before a law enforcement officer, emergency
23    responder, or animal control officer, the person shall
24    surrender the dog or cat to the law enforcement officer,
25    emergency responder, or animal control officer who shall
26    seek veterinary care if he or she deems necessary. If

 

 

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1    veterinary care is not deemed necessary, the law
2    enforcement officer, emergency responder, or animal
3    control officer shall attempt to locate the owner and if
4    located, shall surrender the dog or cat to the owner. If
5    the law enforcement officer, emergency responder, or
6    animal control officer cannot locate the owner, animal
7    control shall take custody of the dog or cat under Section
8    9 of the Animal Control Act and notice shall be placed on
9    the vehicle's windshield with information of where the dog
10    or cat is located;
11        (6) uses no more force than necessary to enter the
12    vehicle to remove the dog or cat; and
13        (7) provides the person's name, address, telephone
14    number, and any other pertinent contact information to the
15    law enforcement officer, emergency responder, or animal
16    control officer.
17    (c) A person shall not be immune from civil liability for
18any damage or deprivation of property resulting from the
19forcible entry of a vehicle for the purpose of removing a dog
20or cat from the vehicle if the person's actions constitute
21recklessness or willful or wanton misconduct with regard to the
22entry of the vehicle.
 
23    Section 10. The Criminal Code of 2012 is amended by
24changing Sections 21-1 and 21-2 as follows:
 

 

 

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1    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
2    Sec. 21-1. Criminal damage to property.
3    (a) A person commits criminal damage to property when he or
4she:
5        (1) knowingly damages any property of another;
6        (2) recklessly by means of fire or explosive damages
7    property of another;
8        (3) knowingly starts a fire on the land of another;
9        (4) knowingly injures a domestic animal of another
10    without his or her consent;
11        (5) knowingly deposits on the land or in the building
12    of another any stink bomb or any offensive smelling
13    compound and thereby intends to interfere with the use by
14    another of the land or building;
15        (6) knowingly damages any property, other than as
16    described in paragraph (2) of subsection (a) of Section
17    20-1, with intent to defraud an insurer;
18        (7) knowingly shoots a firearm at any portion of a
19    railroad train;
20        (8) knowingly, without proper authorization, cuts,
21    injures, damages, defaces, destroys, or tampers with any
22    fire hydrant or any public or private fire fighting
23    equipment, or any apparatus appertaining to fire fighting
24    equipment; or
25        (9) intentionally, without proper authorization, opens
26    any fire hydrant.

 

 

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1    (b) When the charge of criminal damage to property
2exceeding a specified value is brought, the extent of the
3damage is an element of the offense to be resolved by the trier
4of fact as either exceeding or not exceeding the specified
5value.
6    (c) It is an affirmative defense to a violation of
7paragraph (1), (3), or (5) of subsection (a) of this Section
8that the owner of the property or land damaged consented to the
9damage.
10    (c-5) It is an affirmative defense to a violation of
11paragraph (1) of subsection (a) of this Section when the damage
12to a locked vehicle results from forcible entry to remove a dog
13or cat from the vehicle if the person:
14        (1) determines the vehicle is locked or there is
15    otherwise no reasonable method for the dog or cat to exit
16    the vehicle;
17        (2) has a good faith belief that forcible entry into
18    the vehicle is necessary because a dog or cat is in
19    imminent danger of suffering harm if not immediately
20    removed from the vehicle, and based upon the circumstances
21    known to the person at the time, the belief is a reasonable
22    one;
23        (3) has made a good faith effort to contact a 9-1-1
24    emergency telephone system operator, law enforcement,
25    animal control, or the fire department, and if contact is
26    not possible prior to forcibly entering the vehicle, the

 

 

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1    person makes contact as soon as possible after forcibly
2    entering the vehicle;
3        (4) makes a good a faith effort to place a notice on
4    the vehicle's windshield with the person's contact
5    information, the reason entry was made, the location of the
6    dog or cat, and the fact that authorities have been
7    notified;
8        (5) remains with the dog or cat in a safe location
9    until the owner arrives, at which time the owner shall take
10    immediate custody of the dog or cat. If the owner does not
11    arrive before a law enforcement officer, emergency
12    responder, or animal control officer, the person shall
13    surrender the dog or cat to the law enforcement officer,
14    emergency responder, or animal control officer who shall
15    seek veterinary care if he or she deems necessary. If
16    veterinary care is not deemed necessary, the law
17    enforcement officer, emergency responder, or animal
18    control officer shall attempt to locate the owner and if
19    located, shall surrender the dog or cat to the owner. If
20    the law enforcement officer, emergency responder, or
21    animal control officer cannot locate the owner, animal
22    control shall take custody of the dog or cat under Section
23    9 of the Animal Control Act and notice shall be placed on
24    the vehicle's windshield with information of where the dog
25    or cat is located;
26        (6) uses no more force than necessary to enter the

 

 

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1    vehicle to remove the dog or cat; and
2        (7) provides the person's name, address, telephone
3    number, and any other pertinent contact information to the
4    law enforcement officer, emergency responder, or animal
5    control officer.
6    (d) Sentence.
7        (1) A violation of subsection (a) shall have the
8    following penalties:
9            (A) A violation of paragraph (8) or (9) is a Class
10        B misdemeanor.
11            (B) A violation of paragraph (1), (2), (3), (5), or
12        (6) is a Class A misdemeanor when the damage to
13        property does not exceed $500.
14            (C) A violation of paragraph (1), (2), (3), (5), or
15        (6) is a Class 4 felony when the damage to property
16        does not exceed $500 and the damage occurs to property
17        of a school or place of worship or to farm equipment or
18        immovable items of agricultural production, including
19        but not limited to grain elevators, grain bins, and
20        barns or property which memorializes or honors an
21        individual or group of police officers, fire fighters,
22        members of the United States Armed Forces, National
23        Guard, or veterans.
24            (D) A violation of paragraph (4) is a Class 4
25        felony when the damage to property does not exceed
26        $10,000.

 

 

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1            (E) A violation of paragraph (7) is a Class 4
2        felony.
3            (F) A violation of paragraph (1), (2), (3), (5) or
4        (6) is a Class 4 felony when the damage to property
5        exceeds $500 but does not exceed $10,000.
6            (G) A violation of paragraphs (1) through (6) is a
7        Class 3 felony when the damage to property exceeds $500
8        but does not exceed $10,000 and the damage occurs to
9        property of a school or place of worship or to farm
10        equipment or immovable items of agricultural
11        production, including but not limited to grain
12        elevators, grain bins, and barns or property which
13        memorializes or honors an individual or group of police
14        officers, fire fighters, members of the United States
15        Armed Forces, National Guard, or veterans.
16            (H) A violation of paragraphs (1) through (6) is a
17        Class 3 felony when the damage to property exceeds
18        $10,000 but does not exceed $100,000.
19            (I) A violation of paragraphs (1) through (6) is a
20        Class 2 felony when the damage to property exceeds
21        $10,000 but does not exceed $100,000 and the damage
22        occurs to property of a school or place of worship or
23        to farm equipment or immovable items of agricultural
24        production, including but not limited to grain
25        elevators, grain bins, and barns or property which
26        memorializes or honors an individual or group of police

 

 

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1        officers, fire fighters, members of the United States
2        Armed Forces, National Guard, or veterans.
3            (J) A violation of paragraphs (1) through (6) is a
4        Class 2 felony when the damage to property exceeds
5        $100,000. A violation of paragraphs (1) through (6) is
6        a Class 1 felony when the damage to property exceeds
7        $100,000 and the damage occurs to property of a school
8        or place of worship or to farm equipment or immovable
9        items of agricultural production, including but not
10        limited to grain elevators, grain bins, and barns or
11        property which memorializes or honors an individual or
12        group of police officers, fire fighters, members of the
13        United States Armed Forces, National Guard, or
14        veterans.
15        (2) When the damage to property exceeds $10,000, the
16    court shall impose upon the offender a fine equal to the
17    value of the damages to the property.
18        (3) In addition to any other sentence that may be
19    imposed, a court shall order any person convicted of
20    criminal damage to property to perform community service
21    for not less than 30 and not more than 120 hours, if
22    community service is available in the jurisdiction and is
23    funded and approved by the county board of the county where
24    the offense was committed. In addition, whenever any person
25    is placed on supervision for an alleged offense under this
26    Section, the supervision shall be conditioned upon the

 

 

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1    performance of the community service.
2        The community service requirement does not apply when
3    the court imposes a sentence of incarceration.
4        (4) In addition to any criminal penalties imposed for a
5    violation of this Section, if a person is convicted of or
6    placed on supervision for knowingly damaging or destroying
7    crops of another, including crops intended for personal,
8    commercial, research, or developmental purposes, the
9    person is liable in a civil action to the owner of any
10    crops damaged or destroyed for money damages up to twice
11    the market value of the crops damaged or destroyed.
12        (5) For the purposes of this subsection (d), "farm
13    equipment" means machinery or other equipment used in
14    farming.
15(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
 
16    (720 ILCS 5/21-2)  (from Ch. 38, par. 21-2)
17    Sec. 21-2. Criminal trespass to vehicles.
18    (a) A person commits criminal trespass to vehicles when he
19or she knowingly and without authority enters any part of or
20operates any vehicle, aircraft, watercraft, or snowmobile.
21    (a-5) It is an affirmative defense to a violation of this
22Section when entry to a locked vehicle is for removal of a dog
23or cat from the vehicle if the person:
24        (1) determines the vehicle is locked or there is
25    otherwise no reasonable method for the dog or cat to exit

 

 

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1    the vehicle;
2        (2) has a good faith belief that forcible entry into
3    the vehicle is necessary because a dog or cat is in
4    imminent danger of suffering harm if not immediately
5    removed from the vehicle, and based upon the circumstances
6    known to the person at the time, the belief is a reasonable
7    one;
8        (3) has made a good faith effort to contact a 9-1-1
9    emergency telephone system operator, law enforcement,
10    animal control, or the fire department, and if contact is
11    not possible prior to forcibly entering the vehicle, the
12    person makes contact as soon as possible after forcibly
13    entering the vehicle;
14        (4) makes a good a faith effort to place a notice on
15    the vehicle's windshield with the person's contact
16    information, the reason entry was made, the location of the
17    dog or cat, and the fact that authorities have been
18    notified;
19        (5) remains with the dog or cat in a safe location
20    until the owner arrives, at which time the owner shall take
21    immediate custody of the dog or cat. If the owner does not
22    arrive before a law enforcement officer, emergency
23    responder, or animal control officer, the person shall
24    surrender the dog or cat to the law enforcement officer,
25    emergency responder, or animal control officer who shall
26    seek veterinary care if he or she deems necessary. If

 

 

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1    veterinary care is not deemed necessary, the law
2    enforcement officer, emergency responder, or animal
3    control officer shall attempt to locate the owner and if
4    located, shall surrender the dog or cat to the owner. If
5    the law enforcement officer, emergency responder, or
6    animal control officer cannot locate the owner, animal
7    control shall take custody of the dog or cat under Section
8    9 of the Animal Control Act and notice shall be placed on
9    the vehicle's windshield with information of where the dog
10    or cat is located;
11        (6) uses no more force than necessary to enter the
12    vehicle to remove the dog or cat; and
13        (7) provides the person's name, address, telephone
14    number, and any other pertinent contact information to the
15    law enforcement officer, emergency responder, or animal
16    control officer.
17    (b) Sentence. Criminal trespass to vehicles is a Class A
18misdemeanor.
19(Source: P.A. 97-1108, eff. 1-1-13.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".