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90_HB3295
510 ILCS 5/26 from Ch. 8, par. 376
Amends the Animal Control Act. Provides that an owner
who knowingly allows a dog subject to enclosure to run free
or fails to take steps to keep the dog in an enclosure is
guilty of a Class 3 (now Class 4) felony.
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LRB9011106MWpc
1 AN ACT to amend the Animal Control Act by changing
2 Section 26.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Animal Control Act is amended by changing
6 Section 26 as follows:
7 (510 ILCS 5/26) (from Ch. 8, par. 376)
8 Sec. 26. Violations.
9 (a) Any person violating or aiding in or abetting the
10 violation of any provision of this Act, or counterfeiting or
11 forging any certificate, permit, or tag, or making any
12 misrepresentation in regard to any matter prescribed by this
13 Act, or resisting, obstructing, or impeding the Administrator
14 or any authorized officer in enforcing this Act, or refusing
15 to produce for inoculation any dog in his possession not
16 confined at all times to an enclosed area, or who removes a
17 tag from a dog for purposes of destroying or concealing its
18 identity, is guilty of a petty offense for a first or second
19 offense and shall be fined not less than $25 nor more than
20 $200, and for a third and subsequent offense, is guilty of a
21 Class C misdemeanor.
22 Each day a person fails to comply constitutes a separate
23 offense. Each State's Attorney to whom the Administrator
24 reports any violation of this Act shall cause appropriate
25 proceedings to be instituted in the proper courts without
26 delay and to be prosecuted in the manner provided by law.
27 (b) If the owner of a dog subject to enclosure:
28 (1) fails to maintain or keep the dog in an
29 enclosure; and
30 (2) the dog inflicts great bodily harm, permanent
31 disfigurement, permanent physical disability upon any
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1 other person or causes the death of another person; and
2 (3) the attack is unprovoked in a place where such
3 person is peaceably conducting himself and where such
4 person may lawfully be;
5 the owner shall be guilty of a Class A misdemeanor, unless
6 the owner knowingly allowed the dog to run at large or failed
7 to take steps to keep the dog in an enclosure then the owner
8 shall be guilty of a Class 3 Class 4 felony. The penalty
9 provided in this paragraph shall be in addition to any other
10 criminal or civil sanction provided by law.
11 (Source: P.A. 87-456.)