100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4603

 

Introduced , by Rep. Kelly M. Burke

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Humane Care for Animals Act. Provides that a person who willfully or maliciously tortures, mutilates, injures, disables, poisons, or kills any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when placed in confinement off duty, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty is guilty of a Class 3 felony (rather than a Class 4 felony) if the animal is killed or totally disabled and a person is guilty of a Class 2 felony (rather than a Class 3 felony) if the animal is killed or totally disabled. Provides that a person who kills or severely injures any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency of when placed off duty, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty, while he or she is in the commission of a felony, is guilty of a Class 2 felony. Provides that a person may not recklessly permit a dog that is owned, harbored, or controlled by the person and off its owner's property or at large to cause injury to or the death of a guide, hearing, or support dog. Makes other changes.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as Draco's Law.
 
5    Section 5. The Humane Care for Animals Act is amended by
6changing Sections 4.04 and 7.15 as follows:
 
7    (510 ILCS 70/4.04)  (from Ch. 8, par. 704.04)
8    Sec. 4.04. Injuring or killing police animals, service
9animals, accelerant detection dogs, or search and rescue dogs
10prohibited.
11    (a) It shall be unlawful for any person to willfully or
12maliciously torture, mutilate, injure, disable, poison, or
13kill (i) any animal used by a law enforcement department or
14agency in the performance of the functions or duties of the
15department or agency or when placed in confinement off duty,
16(ii) any service animal, (iii) any search and rescue dog, (iv)
17any law enforcement, service, or search and rescue animal in
18training, or (v) any accelerant detection canine used by a fire
19officer for arson investigations in the performance of his or
20her functions or while off duty. However, a police officer or
21veterinarian may perform euthanasia in emergency situations
22when delay would cause the animal undue suffering and pain.

 

 

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1    A person convicted of violating this subsection Section is
2guilty of a Class 3 4 felony if the animal is not killed or
3totally disabled; if the animal is killed or totally disabled,
4the person is guilty of a Class 2 3 felony.
5    (b) A person who kills or severely injures (i) any animal
6used by a law enforcement department or agency in the
7performance of the functions or duties of the department or
8agency when placed off duty, (ii) any service animal, (iii) any
9search and rescue dog, (iv) any law enforcement, service, or
10search and rescue animal in training, or (v) any accelerant
11detection canine used by a fire officer for arson
12investigations in the performance of his or her functions or
13while off duty, while he or she is in the commission of a
14felony, is guilty of a Class 2 felony.
15    (c) If the offender is found to be guilty under this
16Section, the offender shall be responsible for any veterinarian
17bills for an animal that was injured, and training costs for
18another animal, if the animal injured or killed is no longer
19able to be in service.
20    (d) A person is not in violation of this Section if the
21animal used by a law enforcement department or agency was used
22against the person in violation of the law enforcement
23department or agency's use of force continuum or policy.
24(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07;
2596-1171, eff. 7-22-10.)
 

 

 

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1    (510 ILCS 70/7.15)
2    Sec. 7.15. Guide, hearing, and support dogs.
3    (a) A person may not willfully and maliciously annoy,
4taunt, tease, harass, torment, beat, or strike a guide,
5hearing, or support dog or otherwise engage in any conduct
6directed toward a guide, hearing, or support dog that is likely
7to impede or interfere with the dog's performance of its duties
8or that places the blind, hearing impaired, or person with a
9physical disability being served or assisted by the dog in
10danger of injury.
11    (b) A person may not willfully and maliciously torture,
12injure, or kill a guide, hearing, or support dog.
13    (c) A person may not willfully and maliciously permit a dog
14that is owned, harbored, or controlled by the person to cause
15injury to or the death of a guide, hearing, or support dog
16while the guide, hearing, or support dog is in discharge of its
17duties.
18    (c-5) A person may not recklessly permit a dog that is
19owned, harbored, or controlled by the person and off its
20owner's property or at large to cause injury to or the death of
21a guide, hearing, or support dog.
22    (d) A person convicted of violating this Section is guilty
23of a Class A misdemeanor. A second or subsequent violation is a
24Class 4 felony. A person convicted of violating subsection (b)
25or (c) of this Section is guilty of a Class 4 felony if the dog
26is killed or totally disabled, and may be ordered by the court

 

 

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1to make restitution to the person with a disability having
2custody or ownership of the dog for veterinary bills and
3replacement costs of the dog. A person convicted of violating
4subsection (c-5) of this Section is guilty of a petty offense
5if the dog is not killed or totally disabled. A person
6convicted of violating subsection (c-5) of this Section is
7guilty of a Class C misdemeanor if the dog is killed or totally
8disabled, and may be ordered by the court to make restitution
9to the person with a disability having custody or ownership of
10the dog for veterinary bills and replacement costs of the dog.
11A person convicted of a second or subsequent violation of
12subsection (c-5) of this Section is guilty of a Class 4 felony
13if the dog is killed or totally disabled, and may be ordered by
14the court to make restitution to the person with a disability
15having custody or ownership of the dog for veterinary bill and
16replacement costs of the dog. The remedies provided in this
17Section are in addition to any other remedies provided by law.
18(Source: P.A. 99-143, eff. 7-27-15.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    510 ILCS 70/4.04from Ch. 8, par. 704.04
4    510 ILCS 70/7.15