State of Illinois
91st General Assembly
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Public Act 91-0480

HB0105 Enrolled                                LRB9100603WHcs

    AN ACT in relation to assistance animals.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.   Short  title.  This Act may be cited as the
Assistance Animal Damages Act.

    Section 5. Definitions. As used in this Act:
    "Blind person" means a person who has vision of 20/200 or
less with the best correction or has a  visual  field  of  20
degrees or less.
    "Guide  dog" means a dog that is trained to lead or guide
a blind person.
    "Deaf person" means a  person  whose  hearing  disability
precludes  successful  processing  of  linguistic information
through audition with or without a hearing aid.
    "Hearing ear dog" means a dog that is trained to assist a
deaf person.
    "Assistance animal" means any animal trained to assist  a
physically   impaired  person  in  one  or  more  daily  life
activities, including but not limited to:
         (1) guide dogs;
         (2) hearing ear dogs;
         (3) an animal trained to pull a wheelchair;
         (4) an animal trained to fetch dropped items; and
         (5) an animal trained to perform balance work.
    "Daily life activity" includes but is not limited to:
         (1) self-care;
         (2) ambulation;
         (3)  communication;
         (4)  transportation; or
         (5)  employment.
    "Physically impaired person"  means  any  person  who  is
permanently  physically  impaired,  whose physical impairment
limits one or more of daily life activities  and  who  has  a
record   of   impairment  and  is  regarded  by  health  care
practitioners as having such an impairment, requiring the use
of  an  assistance  animal  including  but  not  limited   to
blindness, deafness and complete or partial paralysis.

    Section  10.   Damages  recoverable  for harm or theft of
assistance animal.
    (a) In addition to and not in lieu of any  other  penalty
provided  by State law, a physically impaired person who uses
an assistance animal or the owner of an assistance animal may
bring an action for economic and noneconomic damages  against
any  person  who  steals or, without provocation, attacks the
assistance animal or exposes the  assistance  animal  to  any
chemical that is hazardous to the assistance animal; however,
an  action against a person for exposing an assistance animal
to a chemical that is hazardous to the assistance animal  may
be brought under this Act only if the person against whom the
action  is  brought knew or reasonably should have known that
the assistance animal was present and that the  chemical  was
hazardous  to  the assistance animal. The physically impaired
person or owner may also bring an  action  for  such  damages
against  the  owner  of any animal that, without provocation,
attacks an assistance animal. The action authorized  by  this
subsection  may  be brought by the physically impaired person
or owner even if the assistance animal was in the custody  or
under  the  supervision  of  another  person  when the theft,
attack, or exposure occurred.
    (b) If the theft of or unprovoked attack on an assistance
animal or exposure of the assistance animal to  any  chemical
that  is  hazardous  to  the  assistance  animal described in
subsection (a) of this Section results in the  death  of  the
animal or the animal is not returned or if injuries sustained
prevent the animal from returning to service as an assistance
animal,  the  measure  of economic damages shall include, but
need not be limited to, the veterinary medical  expenses  and
the  replacement  value  of  an  equally  trained  assistance
animal,  without  any  differentiation  for  the  age  or the
experience  of  the  animal.  In  addition,  the   physically
impaired  person  or  owner  may  recover any other costs and
expenses, including, but not limited to, costs  of  temporary
replacement  assistance services, whether provided by another
assistance animal or a person, incurred as a  result  of  the
theft of or injury to the animal.
    (c) If the theft of or unprovoked attack on an assistance
animal  or  exposure of the assistance animal to any chemical
that is hazardous  to  the  assistance  animal  described  in
subsection (a) of this Section results in injuries from which
the  animal recovers and returns to service, or if the animal
is stolen but  is  recovered  and  returns  to  service,  the
measure  of  economic  damages shall include, but need not be
limited  to,  the  veterinary  medical  expenses,  costs   of
temporary  replacement  assistance services, whether provided
by another assistance animal or a person, and any other costs
and expenses incurred by the physically  impaired  person  or
owner as a result of the theft of or injury to the animal.
    (d)  No  cause of action arises under this Section if the
physically  impaired  person,  owner  or  the  person  having
custody  or  supervision  of  the   assistance   animal   was
committing  a  criminal  or civil trespass at the time of the
theft of or attack on the assistance animal  or  exposure  of
the  assistance  animal  to any chemical that is hazardous to
the assistance animal.
    (e) The court shall award reasonable attorney's  fees  to
the prevailing plaintiff in an action under this Section. The
court may award reasonable attorney's fees and expert witness
fees  incurred  by  a defendant who prevails in the action if
the court determines that the plaintiff  had  no  objectively
reasonable  basis  for  asserting  a  claim or no objectively
reasonable basis for appealing an adverse decision of a trial
court.

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