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Full Text of HB1080  97th General Assembly

HB1080 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1080

 

Introduced 02/03/11, by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 5/15  from Ch. 8, par. 365
510 ILCS 5/24  from Ch. 8, par. 374

    Amends the Animal Control Act. Removes the ban on classifying vicious dogs based on breed. Effective immediately.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1080LRB097 06726 CEL 46814 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Animal Control Act is amended by changing
5Sections 15 and 24 as follows:
 
6    (510 ILCS 5/15)  (from Ch. 8, par. 365)
7    Sec. 15. (a) In order to have a dog deemed "vicious", the
8Administrator, Deputy Administrator, or law enforcement
9officer must give notice of the infraction that is the basis of
10the investigation to the owner, conduct a thorough
11investigation, interview any witnesses, including the owner,
12gather any existing medical records, veterinary medical
13records or behavioral evidence, and make a detailed report
14recommending a finding that the dog is a vicious dog and give
15the report to the States Attorney's Office and the owner. The
16Administrator, State's Attorney, Director or any citizen of the
17county in which the dog exists may file a complaint in the
18circuit court in the name of the People of the State of
19Illinois to deem a dog to be a vicious dog. Testimony of a
20certified applied behaviorist, a board certified veterinary
21behaviorist, or another recognized expert may be relevant to
22the court's determination of whether the dog's behavior was
23justified. The petitioner must prove the dog is a vicious dog

 

 

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1by clear and convincing evidence. The Administrator shall
2determine where the animal shall be confined during the
3pendency of the case.
4    A dog may not be declared vicious if the court determines
5the conduct of the dog was justified because:
6        (1) the threat, injury, or death was sustained by a
7    person who at the time was committing a crime or offense
8    upon the owner or custodian of the dog, or was committing a
9    willful trespass or other tort upon the premises or
10    property owned or occupied by the owner of the animal;
11        (2) the injured, threatened, or killed person was
12    abusing, assaulting, or physically threatening the dog or
13    its offspring, or has in the past abused, assaulted, or
14    physically threatened the dog or its offspring; or
15        (3) the dog was responding to pain or injury, or was
16    protecting itself, its owner, custodian, or member of its
17    household, kennel, or offspring.
18    No dog shall be deemed "vicious" if it is a professionally
19trained dog for law enforcement or guard duties. Vicious dogs
20shall not be classified in a manner that is specific as to
21breed.
22    If the burden of proof has been met, the court shall deem
23the dog to be a vicious dog.
24    If a dog is found to be a vicious dog, the owner shall pay a
25$100 public safety fine to be deposited into the Pet Population
26Control Fund, the dog shall be spayed or neutered within 10

 

 

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1days of the finding at the expense of its owner and
2microchipped, if not already, and the dog is subject to
3enclosure. If an owner fails to comply with these requirements,
4the animal control agency shall impound the dog and the owner
5shall pay a $500 fine plus impoundment fees to the animal
6control agency impounding the dog. The judge has the discretion
7to order a vicious dog be euthanized. A dog found to be a
8vicious dog shall not be released to the owner until the
9Administrator, an Animal Control Warden, or the Director
10approves the enclosure. No owner or keeper of a vicious dog
11shall sell or give away the dog without approval from the
12Administrator or court. Whenever an owner of a vicious dog
13relocates, he or she shall notify both the Administrator of
14County Animal Control where he or she has relocated and the
15Administrator of County Animal Control where he or she formerly
16resided.
17    (b) It shall be unlawful for any person to keep or maintain
18any dog which has been found to be a vicious dog unless the dog
19is kept in an enclosure. The only times that a vicious dog may
20be allowed out of the enclosure are (1) if it is necessary for
21the owner or keeper to obtain veterinary care for the dog, (2)
22in the case of an emergency or natural disaster where the dog's
23life is threatened, or (3) to comply with the order of a court
24of competent jurisdiction, provided that the dog is securely
25muzzled and restrained with a leash not exceeding 6 feet in
26length, and shall be under the direct control and supervision

 

 

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1of the owner or keeper of the dog or muzzled in its residence.
2    Any dog which has been found to be a vicious dog and which
3is not confined to an enclosure shall be impounded by the
4Administrator, an Animal Control Warden, or the law enforcement
5authority having jurisdiction in such area.
6    If the owner of the dog has not appealed the impoundment
7order to the circuit court in the county in which the animal
8was impounded within 15 working days, the dog may be
9euthanized.
10    Upon filing a notice of appeal, the order of euthanasia
11shall be automatically stayed pending the outcome of the
12appeal. The owner shall bear the burden of timely notification
13to animal control in writing.
14    Guide dogs for the blind or hearing impaired, support dogs
15for the physically handicapped, accelerant detection dogs, and
16sentry, guard, or police-owned dogs are exempt from this
17Section; provided, an attack or injury to a person occurs while
18the dog is performing duties as expected. To qualify for
19exemption under this Section, each such dog shall be currently
20inoculated against rabies in accordance with Section 8 of this
21Act. It shall be the duty of the owner of such exempted dog to
22notify the Administrator of changes of address. In the case of
23a sentry or guard dog, the owner shall keep the Administrator
24advised of the location where such dog will be stationed. The
25Administrator shall provide police and fire departments with a
26categorized list of such exempted dogs, and shall promptly

 

 

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1notify such departments of any address changes reported to him.
2    (c) If the animal control agency has custody of the dog,
3the agency may file a petition with the court requesting that
4the owner be ordered to post security. The security must be in
5an amount sufficient to secure payment of all reasonable
6expenses expected to be incurred by the animal control agency
7or animal shelter in caring for and providing for the dog
8pending the determination. Reasonable expenses include, but
9are not limited to, estimated medical care and boarding of the
10animal for 30 days. If security has been posted in accordance
11with this Section, the animal control agency may draw from the
12security the actual costs incurred by the agency in caring for
13the dog.
14    (d) Upon receipt of a petition, the court must set a
15hearing on the petition, to be conducted within 5 business days
16after the petition is filed. The petitioner must serve a true
17copy of the petition upon the defendant.
18    (e) If the court orders the posting of security, the
19security must be posted with the clerk of the court within 5
20business days after the hearing. If the person ordered to post
21security does not do so, the dog is forfeited by operation of
22law and the animal control agency must dispose of the animal
23through adoption or humane euthanization.
24(Source: P.A. 96-1171, eff. 7-22-10.)
 
25    (510 ILCS 5/24)  (from Ch. 8, par. 374)

 

 

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1    Sec. 24. Nothing in this Act shall be held to limit in any
2manner the power of any municipality or other political
3subdivision to prohibit animals from running at large, nor
4shall anything in this Act be construed to, in any manner,
5limit the power of any municipality or other political
6subdivision to further control and regulate dogs, cats or other
7animals in such municipality or other political subdivision
8provided that no regulation or ordinance is specific to breed.
9(Source: P.A. 93-548, eff. 8-19-03.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.