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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4219
Introduced 12/2/2005, by Rep. Mike Boland SYNOPSIS AS INTRODUCED:
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510 ILCS 5/26 |
from Ch. 8, par. 376 |
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Amends the Animal Control Act. Provides that if any dog (now, certain vicious dogs), (1) inflicts serious physical injury upon any person other than the owner or causes the death of
another person; and (2) the attack is unprovoked in a place where such person is peaceably
conducting himself or herself and where such person may lawfully be; the owner of the dog is absolutely liable and shall
be guilty of a Class 4 felony, unless the owner knowingly
allowed the
dog to run at large or failed to take steps to keep the dog in an enclosure,
then the owner shall be guilty of a Class 3 felony. Provides that if any dog (now, certain dangerous dogs) inflicts serious physical
injury on a companion animal the owner of the dog shall be guilty of a Class
A misdemeanor.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4219 |
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LRB094 15509 RSP 50708 b |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Animal Control Act is amended by changing |
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| Section 26 as follows:
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| (510 ILCS 5/26) (from Ch. 8, par. 376)
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| Sec. 26. (a) Any person violating or aiding in or abetting |
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| the violation
of any provision of this Act, or counterfeiting |
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| or forging any certificate,
permit, or tag, or making any |
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| misrepresentation in regard to any matter
prescribed by this |
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| Act, or resisting, obstructing, or impeding the
Administrator |
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| or any authorized officer in enforcing this Act, or refusing
to |
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| produce for inoculation any dog in his possession, or who |
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| removes a tag from
a dog for purposes of
destroying or |
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| concealing its identity, is guilty of a Class C misdemeanor for |
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| a
first offense and for a subsequent offense, is guilty of a |
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| Class B
misdemeanor.
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| Each day a person fails to comply constitutes a separate |
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| offense. Each
State's Attorney to whom the Administrator |
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| reports any violation of this
Act shall cause appropriate |
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| proceedings to be instituted in the proper
courts without delay |
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| and to be prosecuted in the manner provided by law.
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| (b) If any
the owner of a vicious dog subject to enclosure:
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| (1) fails to maintain or keep the dog in an enclosure |
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| or fails to spay
or neuter the dog within the time period |
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| prescribed; and
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| (1)
(2) the dog inflicts serious physical injury upon |
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| any other person other than the owner or causes the death |
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| of
another person; and
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| (2)
(3) the attack is unprovoked in a place where such |
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| person is peaceably
conducting himself or herself and where |
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| such person may lawfully be;
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