Illinois Compiled Statutes
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720 ILCS 5/48-2
(720 ILCS 5/48-2)
Animal research and production facilities protection.
"Animal" means every living creature, domestic or
wild, but does not include man.
"Animal facility" means any facility engaging in
legal scientific research or agricultural production of or involving the use of animals including any organization with a primary purpose of representing livestock production or processing, any organization with a primary purpose of promoting or marketing livestock or livestock products, any person licensed to practice veterinary medicine, any institution as defined in the Impounding and Disposition of Stray Animals Act, and any organization with a primary purpose of representing any such person, organization, or institution. "Animal facility" shall include the owner, operator, and employees of any animal facility and any premises where animals are located.
"Director" means the Director of the Illinois
Department of Agriculture or the Director's authorized representative.
(b) Legislative Declaration. There has been an increasing number of illegal acts committed
against animal research and production facilities involving
injury or loss of life to humans or animals, criminal
trespass and damage to property. These actions not only abridge the
property rights of the owner of the facility, they may also damage the
public interest by jeopardizing crucial scientific, biomedical, or
agricultural research or production. These actions can also
threaten the public safety by possibly exposing communities to serious
public health concerns and creating traffic hazards. These actions may
substantially disrupt or damage publicly funded research and
can result in the potential loss of physical and intellectual property.
Therefore, it is in the interest of the people of the State of Illinois to
protect the welfare of humans and animals as well as productive use of
public funds to require regulation to prevent unauthorized possession,
alteration, destruction, or transportation of research records, test data,
research materials, equipment, research and agricultural production animals.
(c) It shall be unlawful for any person:
(1) to release, steal, or otherwise intentionally
cause the death, injury, or loss of any animal at or from an animal facility and not authorized by that facility;
(2) to damage, vandalize, or steal any property in or
(3) to obtain access to an animal facility by false
pretenses for the purpose of performing acts not authorized by that facility;
(4) to enter into an animal facility with an intent
to destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials, equipment, or animals;
(5) by theft or deception knowingly to obtain control
or to exert control over records, data, material, equipment, or animals of any animal facility for the purpose of depriving the rightful owner or animal facility of the records, material, data, equipment, or animals or for the purpose of concealing, abandoning, or destroying these records, material, data, equipment, or animals; or
(6) to enter or remain on an animal facility with the
intent to commit an act prohibited under this Section.
(1) Any person who violates any provision of
subsection (c) shall be guilty of a Class 4 felony for each violation, unless the loss, theft, or damage to the animal facility property exceeds $300 in value.
(2) If the loss, theft, or damage to the animal
facility property exceeds $300 in value but does not exceed $10,000 in value, the person is guilty of a Class 3 felony.
(3) If the loss, theft, or damage to the animal
facility property exceeds $10,000 in value but does not exceed $100,000 in value, the person is guilty of a Class 2 felony.
(4) If the loss, theft, or damage to the animal
facility property exceeds $100,000 in value, the person is guilty of a Class 1 felony.
(5) Any person who, with the intent that any
violation of any provision of subsection (c) be committed, agrees with another to the commission of the violation and commits an act in furtherance of this agreement is guilty of the same class of felony as provided in paragraphs (1) through (4) of this subsection for that violation.
(A) The court shall conduct a hearing to
determine the reasonable cost of replacing materials, data, equipment, animals and records that may have been damaged, destroyed, lost or cannot be returned, and the reasonable cost of repeating any experimentation that may have been interrupted or invalidated as a result of a violation of subsection (c).
(B) Any persons convicted of a violation shall be
ordered jointly and severally to make restitution to the owner, operator, or both, of the animal facility in the full amount of the reasonable cost determined under paragraph (A).
(e) Private right of action. Nothing in this Section shall preclude
any animal facility injured in its business or property by a violation of
this Section from seeking appropriate relief under any other provision of law
or remedy including the issuance of a permanent injunction against any
person who violates any provision of this Section. The animal facility owner
or operator may petition the court to permanently enjoin the person from
violating this Section and the court shall provide this relief.
(f) The Director shall have authority to investigate any alleged
violation of this Section, along with any other law enforcement agency, and may
take any action within the Director's authority necessary for the
enforcement of this Section. State's Attorneys, State police and other law
enforcement officials shall provide any assistance required in the conduct
of an investigation and prosecution. Before the Director reports a
violation for prosecution he or she may give the owner or operator of the
animal facility and the alleged violator an opportunity to present his or
her views at an administrative hearing. The Director may adopt any rules and regulations necessary
for the enforcement of this Section.
(Source: P.A. 97-1108, eff. 1-1-13.)