100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0638

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 5/15  from Ch. 8, par. 365
510 ILCS 5/15.1

    Amends the Animal Control Act. Provides that if the Administrator, State's Attorney, or Director has investigated and determined that there exists probable cause to believe that a dog is a vicious dog, that official may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog. Deletes language providing that a citizen of the county in which the dog exists may file a complaint to commence a hearing to deem a dog to be a vicious dog. Provides that the changes to this Section are only effective to causes of actions accruing on or after the effective date of the bill. Provides that after a thorough investigation including: sending, within 10 business days of the Administrator or Director becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator or Director prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, deputy administrator, or law enforcement agent may, after determining that there exists probable cause to believe that a dog is a dangerous dog, ask the Administrator, or his or her designee, or the Director, to deem a dog to be "dangerous". Effective immediately.


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A BILL FOR

 

HB0638LRB100 05615 SLF 15629 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 15.1 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 State's Attorney's Office and the owner. If
16the The Administrator, State's Attorney, or Director has
17investigated and determined that there exists probable cause to
18believe that a dog is a vicious dog, that official or any
19citizen of the county in which the dog exists may file a
20complaint in the circuit court of the county in which the dog
21exists in the name of the People of the State of Illinois to
22deem a dog to be a vicious dog. Testimony of a certified
23applied behaviorist, a board certified veterinary behaviorist,

 

 

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

 

 

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1$100 public safety fine to be deposited into the Pet Population
2Control Fund, the dog shall be spayed or neutered within 10
3days of the finding at the expense of its owner and
4microchipped, if not already, and the dog is subject to
5enclosure. If an owner fails to comply with these requirements,
6the animal control agency shall impound the dog and the owner
7shall pay a $500 fine plus impoundment fees to the animal
8control agency impounding the dog. The judge has the discretion
9to order a vicious dog be euthanized. A dog found to be a
10vicious dog shall not be released to the owner until the
11Administrator, an Animal Control Warden, or the Director
12approves the enclosure. No owner or keeper of a vicious dog
13shall sell or give away the dog without approval from the
14Administrator or court. Whenever an owner of a vicious dog
15relocates, he or she shall notify both the Administrator of
16County Animal Control where he or she has relocated and the
17Administrator of County Animal Control where he or she formerly
18resided.
19    (b) It shall be unlawful for any person to keep or maintain
20any dog which has been found to be a vicious dog unless the dog
21is kept in an enclosure. The only times that a vicious dog may
22be allowed out of the enclosure are (1) if it is necessary for
23the owner or keeper to obtain veterinary care for the dog, (2)
24in the case of an emergency or natural disaster where the dog's
25life is threatened, or (3) to comply with the order of a court
26of competent jurisdiction, provided that the dog is securely

 

 

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

 

 

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

 

 

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1of the 100th General Assembly apply only to causes of action
2accruing on or after the effective date of this amendatory Act
3of the 100th General Assembly.
4(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
5    (510 ILCS 5/15.1)
6    Sec. 15.1. Dangerous dog determination.
7    (a) After a thorough investigation including: sending,
8within 10 business days of the Administrator or Director
9becoming aware of the alleged infraction, notifications to the
10owner of the alleged infractions, the fact of the initiation of
11an investigation, and affording the owner an opportunity to
12meet with the Administrator or Director prior to the making of
13a determination; gathering of any medical or veterinary
14evidence; interviewing witnesses; and making a detailed
15written report, an animal control warden, deputy
16administrator, or law enforcement agent may, after determining
17that there exists probable cause to believe that a dog is a
18dangerous dog, ask the Administrator, or his or her designee,
19or the Director, to deem a dog to be "dangerous". No dog shall
20be deemed a "dangerous dog" unless shown to be a dangerous dog
21by a preponderance of evidence. The owner shall be sent
22immediate notification of the determination by registered or
23certified mail that includes a complete description of the
24appeal process.
25    (b) A dog shall not be declared dangerous if the

 

 

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1Administrator, or his or her designee, or the Director
2determines the conduct of the dog was justified because:
3        (1) the threat was sustained by a person who at the
4    time was committing a crime or offense upon the owner or
5    custodian of the dog or was committing a willful trespass
6    or other tort upon the premises or property occupied by the
7    owner of the animal;
8        (2) the threatened person was abusing, assaulting, or
9    physically threatening the dog or its offspring;
10        (3) the injured, threatened, or killed companion
11    animal was attacking or threatening to attack the dog or
12    its offspring; or
13        (4) the dog was responding to pain or injury or was
14    protecting itself, its owner, custodian, or a member of its
15    household, kennel, or offspring.
16    (c) Testimony of a certified applied behaviorist, a board
17certified veterinary behaviorist, or another recognized expert
18may be relevant to the determination of whether the dog's
19behavior was justified pursuant to the provisions of this
20Section.
21    (d) If deemed dangerous, the Administrator, or his or her
22designee, or the Director shall order (i) the dog's owner to
23pay a $50 public safety fine to be deposited into the Pet
24Population Control Fund, (ii) the dog to be spayed or neutered
25within 14 days at the owner's expense and microchipped, if not
26already, and (iii) one or more of the following as deemed

 

 

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1appropriate under the circumstances and necessary for the
2protection of the public:
3        (1) evaluation of the dog by a certified applied
4    behaviorist, a board certified veterinary behaviorist, or
5    another recognized expert in the field and completion of
6    training or other treatment as deemed appropriate by the
7    expert. The owner of the dog shall be responsible for all
8    costs associated with evaluations and training ordered
9    under this subsection; or
10        (2) direct supervision by an adult 18 years of age or
11    older whenever the animal is on public premises.
12    (e) The Administrator may order a dangerous dog to be
13muzzled whenever it is on public premises in a manner that will
14prevent it from biting any person or animal, but that shall not
15injure the dog or interfere with its vision or respiration.
16    (f) Guide dogs for the blind or hearing impaired, support
17dogs for persons with a physical disability, and sentry, guard,
18or police-owned dogs are exempt from this Section; provided, an
19attack or injury to a person occurs while the dog is performing
20duties as expected. To qualify for exemption under this
21Section, each such dog shall be currently inoculated against
22rabies in accordance with Section 8 of this Act and performing
23duties as expected. It shall be the duty of the owner of the
24exempted dog to notify the Administrator of changes of address.
25In the case of a sentry or guard dog, the owner shall keep the
26Administrator advised of the location where such dog will be

 

 

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1stationed. The Administrator shall provide police and fire
2departments with a categorized list of the exempted dogs, and
3shall promptly notify the departments of any address changes
4reported to him or her.
5    (g) An animal control agency has the right to impound a
6dangerous dog if the owner fails to comply with the
7requirements of this Act.
8(Source: P.A. 99-143, eff. 7-27-15.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.