Illinois General Assembly - Bill Status for HB4238
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 Bill Status of HB4238  94th General Assembly


Short Description:  ANIMAL CONTROL-DOG AT LARGE

House Sponsors
Rep. Mike Boland - Eddie Washington - Mark H. Beaubien, Jr. - Michael Tryon, Linda Chapa LaVia, Patricia R. Bellock, Joseph M. Lyons and Maria Antonia Berrios

Senate Sponsors
(Sen. Don Harmon - Dan Cronin - William E. Peterson - Pamela J. Althoff and Edward D. Maloney)

Last Action
DateChamber Action
  5/31/2006HousePublic Act . . . . . . . . . 94-0819

Statutes Amended In Order of Appearance
510 ILCS 5/26from Ch. 8, par. 376


Synopsis As Introduced
Amends the Animal Control Act. Provides that the owner of an intact dog is guilty of a Class 4 felony if the owner allows the dog to run at large in violation of the Act and the dog inflicts serious physical injury to a person.

House Committee Amendment No. 1
Adds reference to:
510 ILCS 5/9.5 new

Exempts a police dog that inflicts serious physical injury to a person in the course of its duties. Further amends the Animal Control Act. Provides that a dog is not considered to be running at large if the dog (i) is engaged in legal hunting activities where those activities are permitted or is in a dog park or a dog-friendly area of a park and (ii) is monitored or supervised by a person.

House Committee Amendment No. 2
Adds reference to:
55 ILCS 5/5-1071from Ch. 34, par. 5-1071
730 ILCS 5/5-5-3.2from Ch. 38, par. 1005-5-3.2

Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with the following additions: Amends the Counties Code to eliminate a limitation on fines or penalties in excess of $50 for dogs running at large. Amends the Animal Control Act to provide that if the owner of a dog knowingly allows it to run at large and the dog inflicts serious physical injury, as defined in the Act, or death to a person, the owner is guilty of a Class 4 felony. Amends the Unified Code of Corrections. Authorizes imposition of an extended sentence when a defendant commits any felony and the defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged. Effective immediately.

House Floor Amendment No. 3
Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with the following changes: Amends the Animal Control Act. Lowers the criminal penalties for dog attacks, except that if the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog inflicts serious physical injury on a person or a companion animal, the owner shall be guilt of a Class 4 felony (now, a Class A misdemeanor). Provides that if the owner of a dog knowingly allows it to run at large and the dog inflicts serious physical injury, as defined in the Act, or death to a person, the owner is guilty of a Class A misdemeanor (instead of a Class 4 felony). Sets forth that a good faith effort to retrieve a dog running at large in a timely fashion shall be an affirmative defense to this offense of allowing a dog to run at large that inflicts severe physical injury or death. Effective immediately.

Senate Floor Amendment No. 2
Deletes reference to:
510 ILCS 5/9.5 new
Adds reference to:
510 ILCS 5/16from Ch. 8, par. 366

Deletes everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Amends the Animal Control Act. Deletes an added provision that a dog is not considered to be running at large if the dog is engaged in legal hunting activities or is in a dog park. With respect to animal attacks or injuries, provides that an owner is liable for any injuries that are proximately caused by an attack, attempted attack, or injury caused by a dog or other animal (instead of providing damages for attacks or injuries, whether direct or proximate). Deletes provisions that an animal pound, animal control facility, animal shelter, or other animal rescue group is not the owner of any animal that has been adopted. Deletes provisions exempting non-profit organizations, municipalities, and other units of local government that operate animal control agencies from liability for attacks or injuries that may occur after an animal is adopted. Deletes the immediate effective date.

Actions 
DateChamber Action
  12/9/2005HouseFiled with the Clerk by Rep. Mike Boland
  1/4/2006HouseFirst Reading
  1/4/2006HouseReferred to Rules Committee
  1/5/2006HouseAssigned to Agriculture & Conservation Committee
  1/18/2006HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  1/24/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by Agriculture & Conservation Committee
  1/24/2006HouseHouse Committee Amendment No. 1 Adopted in Agriculture & Conservation Committee; by Voice Vote
  1/31/2006HouseRemains in Agriculture & Conservation Committee
  1/31/2006HouseAdded Chief Co-Sponsor Rep. Michael Tryon
  2/8/2006HouseAdded Chief Co-Sponsor Rep. Mark H. Beaubien, Jr.
  2/14/2006HouseHouse Committee Amendment No. 2 Filed with Clerk by Agriculture & Conservation Committee
  2/14/2006HouseHouse Committee Amendment No. 2 Adopted in Agriculture & Conservation Committee; by Voice Vote
  2/14/2006HouseDo Pass as Amended / Short Debate Agriculture & Conservation Committee; 014-000-000
  2/14/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/21/2006HouseSecond Reading - Short Debate
  2/21/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/28/2006HouseRecalled to Second Reading - Short Debate
  2/28/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  2/28/2006HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Mike Boland
  2/28/2006HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  2/28/2006HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  3/1/2006HouseHouse Floor Amendment No. 3 Rules Refers to Agriculture & Conservation Committee
  3/1/2006HouseHouse Floor Amendment No. 3 Recommends Be Adopted Agriculture & Conservation Committee; 014-000-000
  3/2/2006HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  3/2/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2006HouseAdded Chief Co-Sponsor Rep. Eddie Washington
  3/3/2006HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  3/3/2006HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/3/2006HouseThird Reading - Short Debate - Passed 095-017-002
  3/7/2006SenateArrive in Senate
  3/7/2006SenatePlaced on Calendar Order of First Reading
  3/7/2006SenateChief Senate Sponsor Sen. Don Harmon
  3/7/2006SenateFirst Reading
  3/7/2006SenateReferred to Rules
  3/8/2006SenateAssigned to Judiciary
  3/14/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Dan Cronin
  3/15/2006SenateHeld in Judiciary
  3/15/2006SenateAdded as Alternate Chief Co-Sponsor Sen. William E. Peterson
  3/21/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  3/21/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  3/24/2006SenateDo Pass Judiciary; 010-000-000
  3/24/2006SenatePlaced on Calendar Order of 2nd Reading March 27, 2006
  3/27/2006SenateSecond Reading
  3/27/2006SenatePlaced on Calendar Order of 3rd Reading March 28, 2006
  3/28/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  3/28/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  3/29/2006SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  3/29/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000
  3/30/2006SenateAdded as Alternate Co-Sponsor Sen. Edward D. Maloney
  3/30/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  3/30/2006SenateRecalled to Second Reading
  3/30/2006SenateSenate Floor Amendment No. 2 Adopted; Harmon
  3/30/2006SenatePlaced on Calendar Order of 3rd Reading
  3/30/2006SenateThird Reading - Passed; 057-000-000
  3/30/2006SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  3/30/2006HouseArrived in House
  3/30/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  4/3/2006HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Mike Boland
  4/3/2006HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  4/4/2006HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  4/4/2006HouseSenate Floor Amendment No. 2 House Concurs 113-000-000
  4/4/2006HousePassed Both Houses
  5/3/2006HouseSent to the Governor
  5/31/2006HouseGovernor Approved
  5/31/2006HouseEffective Date May 31, 2006
  5/31/2006HousePublic Act . . . . . . . . . 94-0819

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