Full Text of HB0822 95th General Assembly
HB0822 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0822
Introduced 2/7/2007, by Rep. Jerry L. Mitchell SYNOPSIS AS INTRODUCED: |
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510 ILCS 5/2.17c new |
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510 ILCS 5/11 |
from Ch. 8, par. 361 |
510 ILCS 5/15.3 |
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510 ILCS 5/15.4 new |
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Amends the Animal Control Act. Defines "potentially dangerous dog". Changes the burden of proof, on appeal from a finding of dangerous dog, to preponderance of the evidence (now clear and convincing evidence). Provides that a dog found running at large with 3 or more dogs may be deemed a potentially dangerous dog by the animal control warden or administrator. Requires potentially dangerous dogs to be spayed or neutered and microchipped within 14 days of reclaim. Provides penalties for violation of the Act.
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A BILL FOR
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HB0822 |
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LRB095 04192 CMK 24230 b |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Animal Control Act is amended by changing | 5 |
| Sections 11 and 15.3 and by adding Sections 2.17c and 15.4 as | 6 |
| follows:
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| (510 ILCS 5/2.17c new) | 8 |
| Sec. 2.17c. "Potentially dangerous dog" means a dog that is | 9 |
| found running at large with 3 or more other dogs.
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| (510 ILCS 5/11) (from Ch. 8, par. 361)
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| Sec. 11. When not redeemed by the owner, agent, or | 12 |
| caretaker, a dog or cat must be scanned for a microchip. If a | 13 |
| microchip is present, the registered owner must be notified. | 14 |
| After contact has been made or attempted, dogs or cats deemed | 15 |
| adoptable by the animal control facility shall be offered for | 16 |
| adoption, or made available to a licensed humane society or | 17 |
| rescue group. If no placement is available, it shall be
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| humanely dispatched pursuant to the Humane Euthanasia in Animal | 19 |
| Shelters
Act. An animal pound
or animal shelter shall not | 20 |
| release any dog or cat when not redeemed by
the owner unless | 21 |
| the animal has been rendered incapable of
reproduction
and | 22 |
| microchipped, or the person wishing to adopt
an animal prior
to |
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HB0822 |
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LRB095 04192 CMK 24230 b |
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| the surgical procedures having been performed shall have | 2 |
| executed a written
agreement promising to have such service | 3 |
| performed, including
microchipping, within
a specified period
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| of time not to exceed 30 days. Failure to fulfill the terms of | 5 |
| the
agreement shall result in
seizure and impoundment of the | 6 |
| animal and any offspring by the animal pound or shelter, and
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| any monies which have been deposited shall be forfeited and | 8 |
| submitted to the Pet Population Control Fund on a yearly basis. | 9 |
| This Act shall not
prevent humane societies from engaging in | 10 |
| activities set forth by their
charters; provided, they are not | 11 |
| inconsistent with provisions of this Act
and other existing | 12 |
| laws. No animal shelter or animal control facility shall
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| release dogs or cats to an individual representing a rescue | 14 |
| group, unless the
group has been licensed or has a foster care | 15 |
| permit issued by the Illinois Department of Agriculture or
is a | 16 |
| representative of a not-for-profit out-of-state organization. | 17 |
| The Department may suspend or
revoke the license of
any animal | 18 |
| shelter or animal control facility that fails to comply with | 19 |
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requirements set forth in this Section or that fails to | 20 |
| report its intake and euthanasia statistics each year.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/15.3)
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| Sec. 15.3. Dangerous dog; appeal.
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| (a) The owner of a dog found to be a dangerous dog pursuant | 25 |
| to this Act by
an
Administrator may file a complaint against |
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| the Administrator in the circuit
court within
35 days of | 2 |
| receipt of notification of the determination, for a de novo | 3 |
| hearing
on the
determination. The proceeding shall be conducted | 4 |
| as a civil hearing pursuant to
the
Illinois Rules of Evidence | 5 |
| and the Code of Civil Procedure, including the
discovery
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| provisions. After hearing both parties' evidence, the court may | 7 |
| make a
determination of
dangerous dog if the Administrator | 8 |
| meets his or her burden of proof of a preponderance of the | 9 |
| evidence
of clear
and
convincing evidence . The final order of | 10 |
| the circuit court may be appealed
pursuant to the
civil appeals | 11 |
| provisions of the Illinois Supreme Court Rules.
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| (b) The owner of a dog found to be a dangerous dog pursuant | 13 |
| to this Act by
the
Director may, within 14 days of receipt of | 14 |
| notification of the determination,
request an
administrative | 15 |
| hearing to appeal the determination. The administrative | 16 |
| hearing
shall be
conducted pursuant to the Department of | 17 |
| Agriculture's rules applicable to
formal
administrative | 18 |
| proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An
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| owner
desiring
a
hearing shall make his or her request for a | 20 |
| hearing to the Illinois Department
of
Agriculture. The final | 21 |
| administrative decision of the Department may be
reviewed
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| judicially by the circuit court of the county wherein the | 23 |
| person resides or, in
the case of a
corporation, the county | 24 |
| where its registered office is located. If the
plaintiff in a | 25 |
| review
proceeding is not a resident of Illinois, the venue | 26 |
| shall be in Sangamon
County. The
Administrative Review Law and |
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| all amendments and modifications thereof, and the
rules
adopted | 2 |
| thereto, apply to and govern all proceedings for the judicial | 3 |
| review of
final
administrative decisions of the Department | 4 |
| hereunder.
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| (c) Until the order has been reviewed and at all times | 6 |
| during the appeal
process,
the owner shall comply with the | 7 |
| requirements set forth by the Administrator,
the court, or
the | 8 |
| Director.
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| (d) At any time after a final order has been entered, the | 10 |
| owner may petition
the
circuit court to reverse the designation | 11 |
| of dangerous dog.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/15.4 new) | 14 |
| Sec. 15.4. Potentially dangerous dog. A dog found running | 15 |
| at large with 3 or more other dogs may be deemed a potentially | 16 |
| dangerous dog by the animal control warden or administrator. | 17 |
| Potentially dangerous dogs shall be spayed or neutered and | 18 |
| microchipped within 14 days of reclaim. Failure to comply with | 19 |
| this Section will result in impoundment of the dog or a fine of | 20 |
| $500.
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