Illinois General Assembly - Full Text of HB5995
Illinois General Assembly

Previous General Assemblies

Full Text of HB5995  99th General Assembly




HB5995 EngrossedLRB099 19783 SLF 44181 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 1. This Act may be referred to as Draco's Law.
5    Section 5. The Humane Care for Animals Act is amended by
6changing Section 4.04 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
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.



HB5995 Engrossed- 2 -LRB099 19783 SLF 44181 b

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 of when placed off duty, (ii) any service animal, (iii)
9any search and rescue dog, (iv) any law enforcement, service,
10or search 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.)