Illinois General Assembly - Full Text of SB2386
Illinois General Assembly

Previous General Assemblies

Full Text of SB2386  100th General Assembly



SB2386 EnrolledLRB100 17897 MJP 33081 b

1    AN ACT concerning regulation.
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 adding
5Sections 2.18b and 15.5 as follows:
6    (510 ILCS 5/2.18b new)
7    Sec. 2.18b. Reckless dog owner. "Reckless dog owner" means
8a person who owns a dog that while anywhere other than upon the
9property of the owner, and without justification, kills another
10dog that results in that dog being deemed a dangerous dog under
11Section 15.1 of this Act and who knowingly allows the dog to
12violate Section 9 of this Act on 2 occasions within 12 months
13of the incident for which the dog was deemed dangerous or is
14involved in another incident that results in the dog being
15deemed dangerous on a second occasion within 24 months of the
16original dangerous determination.
17    (510 ILCS 5/15.5 new)
18    Sec. 15.5. Reckless dog owner; complaint; penalty.
19    (a) The Administrator, State's Attorney, Director, or any
20citizen may file a complaint in circuit court to determine
21whether a person is a reckless dog owner. If an owner is
22determined to be a reckless dog owner by clear and convincing



SB2386 Enrolled- 2 -LRB100 17897 MJP 33081 b

1evidence, the court shall order the immediate impoundment and
2forfeiture of all dogs the reckless dog owner has a property
3right in. Forfeiture may be to any licensed shelter, rescue, or
4sanctuary. The court shall further prohibit the property right
5ownership of a dog by the person determined to be a reckless
6dog owner for a period of at least 12 months, but not more than
736 months for the first reckless dog owner determination.
8    (a-5) A dog's history during ownership by a person found to
9be a reckless dog owner shall not be considered conclusive of
10the dog's temperament and qualification for adoption or
11transfer. The dog's temperament shall be independently
12evaluated by a person qualified to conduct behavioral
13assessments and, if deemed adoptable, the receiving facility
14shall make a reasonable attempt to place the dog in another
15home, transfer the dog to rescue, or place the dog in a
17    (b) A person who refuses to forfeit a dog under this
18Section is a violation which carries a public safety fine of
19$500 for each dog to be deposited into the Pet Population
20Control Fund. Each day a person fails to comply with a
21forfeiture or prohibition ordered under this Section shall
22constitute a separate offense.