SB2294 100TH GENERAL ASSEMBLY

LRB100 16008 SLF 31126 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2294

Introduced 1/10/2018, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

510 ILCS 70/7.2 new
720 ILCS 5/12C-22 new

Amends the Humane Care for Animals Act. Provides that a person is immune from criminal liability for criminal damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a vehicle and from civil liability for property damage if a domestic animal was present in the vehicle and the person had a good faith belief that the domestic animal was in imminent danger of suffering bodily harm unless the domestic animal was removed from the vehicle or exited the vehicle if certain circumstances occur. Amends the Criminal Code of 2012. Provides that a person is immune from criminal liability for damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a locked vehicle and from civil liability for property damage if a child was present in the vehicle and the person had a good faith belief that the child was in imminent danger of suffering bodily harm unless the child was removed from the vehicle or exited the vehicle if certain circumstances occur. Effective immediately.

A BILL FOR

AN ACT concerning civil and criminal immunity.

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 adding Section 7.2 as follows:

(510 ILCS 70/7.2 new)

Sec. 7.2. Persons removing a domestic animal from a locked vehicle exempt from criminal and civil liability.

(a) In this Section:

"Domestic animal" means a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include livestock as defined in Section 1 of the Illinois Livestock Dealer Licensing Act.

"Vehicle" means a motor vehicle or any other vehicle that is used to transport persons or cargo and that is enclosed.

(b) A person is immune from criminal liability for criminal damage to property under Section 21-1 of the Criminal Code of 2012 and criminal trespass to vehicles under Section 21-2 of the Criminal Code of 2012 resulting from his or her forcible entry into a vehicle and from civil liability for property damage if:

(1) a domestic animal was present in the vehicle and the person had a good faith belief that the domestic animal was in imminent danger of suffering bodily harm unless the domestic animal was removed from the vehicle or exited the vehicle;

(2) the person contacted a 9-1-1 emergency telephone system operator or otherwise contacted law enforcement, emergency medical services, or animal control prior to forcibly entering the vehicle;

(3) the person determined that the vehicle was locked and forcible entry was necessary to enable the person to enter the vehicle or to enable the domestic animal to be removed from or to exit the vehicle;

(4) the person remained with the domestic animal until a law enforcement officer, emergency medical service provider, animal control officer, or other emergency medical responder arrived at the scene;

(5) the person used no more force than he or she reasonably believed necessary to enter the vehicle in order to remove the domestic animal or allow the domestic animal to exit the vehicle; and

(6) if the person left the scene before the owner or operator of the vehicle returned to the scene, the person placed a notice on the windshield of the vehicle that included his or her name, telephone number, mailing address, the reason he or she entered the vehicle, and the location, if known, of the domestic animal when the person left the scene.

Section 10. The Criminal Code of 2012 is amended by adding Section 12C-22 as follows:

(720 ILCS 5/12C-22 new)

Sec. 12C-22. Persons removing a child from a locked vehicle exempt from criminal and civil liability.

(a) In this Section "vehicle" means a motor vehicle or any other vehicle that is used to transport persons or cargo and that is enclosed.

(b) A person is immune from criminal liability for criminal damage to property under Section 21-1 of this Code and criminal trespass to vehicles under Section 21-2 of this Code resulting from his or her forcible entry into a locked vehicle and from civil liability for property damage if:

(1) a child was present in the vehicle and the person had a good faith belief that the child was in imminent danger of suffering bodily harm unless the child was removed from the vehicle or exited the vehicle;

(2) the person contacted a 9-1-1 emergency telephone system operator or otherwise contacted law enforcement or emergency medical services prior to forcibly entering the vehicle;

(3) the person determined that the vehicle was locked and forcible entry was necessary to enable the person to enter the vehicle or enable the child to be removed from or exit the vehicle;

(4) the person remained with the child until a law enforcement officer, emergency medical service provider, or other emergency medical responder arrived at the scene;

(5) the person used no more force than he or she reasonably believed necessary to enter the vehicle in order to remove the child or allow the child to exit the vehicle; and

(6) if the person left the scene before the owner or operator of the vehicle returned to the scene, the person placed a notice on the windshield of the vehicle that included his or her name, telephone number, mailing address, the reason he or she entered the vehicle, and the location, if known, of the child when the person left the scene.

Section 99. Effective date. This Act takes effect upon becoming law.