Illinois General Assembly - Full Text of SB1531
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Full Text of SB1531  97th General Assembly


Rep. John E. Bradley

Filed: 5/24/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1531 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Animal Welfare Act is amended by changing
5Section 2.2 as follows:
6    (225 ILCS 605/2.2)  (from Ch. 8, par. 302.2)
7    Sec. 2.2. No dog dealer, kennel operator, or cattery
8operator shall separate a puppy or kitten from its mother, for
9the purpose of sale, until such puppy or kitten has attained
10the age of 8 weeks.
11    All licensees under this Act shall maintain records of the
12origin and sale of all dogs, and such records shall be made
13available for inspection by the Secretary or the Department
14upon demand. Such records must contain proof in proper form of
15purebreds and their pedigree, and evidence of such proof must
16be provided to any person acquiring a dog from a licensee under



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1this Act. In addition, guard dog services shall be required to
2maintain records of transfer of ownership, death, or
3disappearance of a guard dog or sentry dog used by that guard
4dog service.
5    When a microchip or other identification is present in any
6companion animal in the custody of the Administrator, Deputy
7Administrator, Animal Control Warden, or law enforcement under
8the Animal Control Act, licensees under this Act shall provide
9the name, address, and phone number of the owner on request.
10(Source: P.A. 89-178, eff. 7-19-95.)
11    Section 10. The Animal Control Act is amended by changing
12Sections 10, 15, and 26 and by adding Sections 2.18b, 2.18c,
1315.5, 26.01, and 26.02 as follows:
14    (510 ILCS 5/2.18b new)
15    Sec. 2.18b. "Proof of caretaking responsibility" means
16either veterinary records, sterilization records, microchip
17registration, or an affidavit.
18    (510 ILCS 5/2.18c new)
19    Sec. 2.18c. "Proof of ownership" means a valid registration
20certificate, municipal license, microchip registration,
21veterinary records, expired registration certificates or
22licenses, adoption contracts, bills of sale, photographs, or
23affidavits submitted by 3 individuals.



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1    (510 ILCS 5/10)  (from Ch. 8, par. 360)
2    Sec. 10. Impoundment; redemption. When dogs or cats are
3apprehended and impounded, they must be scanned for the
4presence of a microchip and cannot be adopted, moved, or
5euthanized without a second scanning. The Administrator shall
6make every reasonable attempt to contact the owner as defined
7by Section 2.16 as soon as possible. The Administrator shall
8give notice of not less than 7 business days to the owner prior
9to disposal of the animal. Such notice shall be mailed to the
10last known address of the owner. Testimony of the
11Administrator, or his or her authorized agent, who mails such
12notice shall be evidence of the receipt of such notice by the
13owner of the animal.
14    When a microchip or other identification is present in any
15companion animal in the custody of the Administrator, Deputy
16Administrator, Animal Control Warden, or law enforcement,
17licensees under the Animal Welfare Act and veterinarians shall
18provide the name, address, and phone number of the owner on
20    In case the owner of any impounded dog or cat desires to
21make redemption thereof, he or she may do so by doing the
23        a. Presenting proof of current rabies inoculation and
24    registration, if applicable.
25        b. Paying for the rabies inoculation of the dog or cat



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1    and registration, if applicable.
2        c. Paying the pound for the board of the dog or cat for
3    the period it was impounded.
4        d. Paying into the Animal Control Fund an additional
5    impoundment fee as prescribed by the Board as a penalty for
6    the first offense and for each subsequent offense.
7        e. Paying a $25 public safety fine to be deposited into
8    the Pet Population Control Fund; the fine shall be waived
9    if it is the dog's or cat's first impoundment and the owner
10    has the animal spayed or neutered within 14 days.
11        f. Paying for microchipping and registration if not
12    already done.
13        g. Presenting proof of ownership or proof of caretaking
14    responsibility of the animal he or she desires to redeem.
15    The payments required for redemption under this Section
16shall be in addition to any other penalties invoked under this
17Act and the Illinois Public Health and Safety Animal Population
18Control Act. An animal control agency shall assist and share
19information with the Director of Public Health in the
20collection of public safety fines.
21(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
22    (510 ILCS 5/15)  (from Ch. 8, par. 365)
23    Sec. 15. Vicious dog determination.
24    (a) In order to have a dog deemed "vicious", the
25Administrator, Deputy Administrator, or law enforcement



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1officer must give notice of the infraction that is the basis of
2the investigation to the owner, conduct a thorough
3investigation, interview any witnesses, including the owner,
4gather any existing medical records, veterinary medical
5records or behavioral evidence, and make a detailed report
6recommending a finding that the dog is a vicious dog and give
7the report to the States Attorney's Office and the owner. The
8Administrator, State's Attorney, Director or any citizen of the
9county in which the dog exists may file a complaint in the
10circuit court in the name of the People of the State of
11Illinois to deem a dog to be a vicious dog. Testimony of a
12certified applied behaviorist, a board certified veterinary
13behaviorist, or another recognized expert may be relevant to
14the court's determination of whether the dog's behavior was
15justified. The petitioner must prove the dog is a vicious dog
16by clear and convincing evidence. The Administrator shall
17determine where the animal shall be confined during the
18pendency of the case.
19    A dog may not be declared vicious if the court determines
20the conduct of the dog was justified because:
21        (1) the threat, injury, or death was sustained by a
22    person who at the time was committing a crime or offense
23    upon the owner or custodian of the dog, or was committing a
24    willful trespass or other tort upon the premises or
25    property owned or occupied by the owner of the animal;
26        (2) the injured, threatened, or killed person was



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1    abusing, assaulting, or physically threatening the dog or
2    its offspring, or has in the past abused, assaulted, or
3    physically threatened the dog or its offspring; or
4        (3) the dog was responding to pain or injury, or was
5    protecting itself, its owner, custodian, or member of its
6    household, kennel, or offspring.
7    No dog shall be deemed "vicious" if it is a professionally
8trained dog for law enforcement or guard duties. Vicious dogs
9shall not be classified in a manner that is specific as to
11    If the burden of proof has been met, the court shall deem
12the dog to be a vicious dog.
13    If a dog is found to be a vicious dog, the owner shall pay a
14$100 public safety fine to be deposited into the Pet Population
15Control Fund, the dog shall be spayed or neutered within 10
16days of the finding at the expense of its owner and
17microchipped, if not already, and the dog is subject to
19    If an owner fails to comply with these requirements, the
20animal control agency shall impound the dog and the owner shall
21pay a $500 fine plus impoundment fees to the animal control
22agency impounding the dog. The judge has the discretion to
23order a vicious dog be euthanized. A dog found to be a vicious
24dog shall not be released to the owner until the Administrator,
25an Animal Control Warden, or the Director approves the



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1    No owner or keeper of a vicious dog shall sell or give away
2the dog without approval from the Administrator or court.
3Whenever an owner of a vicious dog relocates, he or she shall
4notify both the Administrator of County Animal Control where he
5or she has relocated and the Administrator of County Animal
6Control where he or she formerly resided.
7    (b) It shall be unlawful for any person to keep or maintain
8any dog which has been found to be a vicious dog unless the dog
9is kept in an enclosure. The only times that a vicious dog may
10be allowed out of the enclosure are (1) if it is necessary for
11the owner or keeper to obtain veterinary care for the dog, (2)
12in the case of an emergency or natural disaster where the dog's
13life is threatened, or (3) to comply with the order of a court
14of competent jurisdiction, provided that the dog is securely
15muzzled and restrained with a leash not exceeding 6 feet in
16length, and shall be under the direct control and supervision
17of the owner or keeper of the dog or muzzled in its residence.
18    (b-5) If it is found at the hearing conducted under this
19Act that a dog is declared vicious and the ownership or
20possession of a dog by the person would create a significant
21threat to the public health, safety, and welfare, then the
22owner of a dog determined to be a vicious dog may be prohibited
23from owning, possessing, controlling, or having custody of any
24dog for a period of up to 3 years.
25    Any dog which has been found to be a vicious dog and which
26is not confined to an enclosure shall be impounded by the



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1Administrator, an Animal Control Warden, or the law enforcement
2authority having jurisdiction in such area.
3    (b-10) If the owner of the dog has not appealed the
4impoundment order to the circuit court in the county in which
5the animal was impounded within 15 business working days, the
6dog may be euthanized.
7    Upon filing a notice of appeal, the order of euthanasia
8shall be automatically stayed pending the outcome of the
9appeal. The owner shall bear the burden of timely notification
10to animal control in writing.
11    Guide dogs for the blind or hearing impaired, support dogs
12for the physically handicapped, accelerant detection dogs, and
13sentry, guard, or police-owned dogs are exempt from this
14Section; provided, an attack or injury to a person occurs while
15the dog is performing duties as expected. To qualify for
16exemption under this Section, each such dog shall be currently
17inoculated against rabies in accordance with Section 8 of this
18Act. It shall be the duty of the owner of such exempted dog to
19notify the Administrator of changes of address. In the case of
20a sentry or guard dog, the owner shall keep the Administrator
21advised of the location where such dog will be stationed. The
22Administrator shall provide police and fire departments with a
23categorized list of such exempted dogs, and shall promptly
24notify such departments of any address changes reported to him.
25    (c) If the animal control agency has custody of the dog,
26the agency may file a petition with the court requesting that



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1the owner be ordered to post security. The security must be in
2an amount sufficient to secure payment of all reasonable
3expenses expected to be incurred by the animal control agency
4or animal shelter in caring for and providing for the dog
5pending the determination. Reasonable expenses include, but
6are not limited to, estimated medical care and boarding of the
7animal for 30 days. If security has been posted in accordance
8with this Section, the animal control agency may draw from the
9security the actual costs incurred by the agency in caring for
10the dog.
11    (d) Upon receipt of a petition, the court must set a
12hearing on the petition, to be conducted within 5 business days
13after the petition is filed. The petitioner must serve a true
14copy of the petition upon the defendant.
15    (e) If the court orders the posting of security, the
16security must be posted with the clerk of the court within 5
17business days after the hearing. If the person ordered to post
18security does not do so, the dog is forfeited by operation of
19law and the animal control agency must dispose of the animal
20through adoption or humane euthanization.
21(Source: P.A. 96-1171, eff. 7-22-10.)
22    (510 ILCS 5/15.5 new)
23    Sec. 15.5. Dog owner; negligence. No person, without
24justification, shall intentionally, knowingly, or recklessly
25allow, permit, or suffer a dog to attack a person and cause



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1serious physical injury or death to a person.
2    (510 ILCS 5/26)  (from Ch. 8, par. 376)
3    Sec. 26. Violations; punishment.
4    (a) Except as otherwise provided in this Act, any person
5violating or aiding in or abetting the violation of any
6provision of this Act, or counterfeiting or forging any
7certificate, permit, or tag, or making any misrepresentation in
8regard to any matter prescribed by this Act, or resisting,
9obstructing, or impeding the Administrator or any authorized
10officer in enforcing this Act, or refusing to produce for
11inoculation any dog in his possession, or who removes a tag
12from a dog for purposes of destroying or concealing its
13identity, is guilty of a Class C misdemeanor for a first
14offense and for a subsequent offense, is guilty of a Class B
16    Each day a person fails to comply constitutes a separate
17offense. Each State's Attorney to whom the Administrator
18reports any violation of this Act shall cause appropriate
19proceedings to be instituted in the proper courts without delay
20and to be prosecuted in the manner provided by law.
21    (b) If the owner of a vicious dog subject to enclosure:
22        (1) fails to maintain or keep the dog in an enclosure
23    or fails to spay or neuter the dog or microchip the dog
24    within the time period prescribed; and
25        (2) the dog inflicts serious physical injury upon any



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1    other person or causes the death of another person; and
2        (3) the attack is unprovoked in a place where such
3    person is peaceably conducting himself or herself and where
4    such person may lawfully be;
5then the Administrator shall impound and euthanize the dog and
6the owner shall be guilty of a Class 3 felony and shall pay a
7$1,000 fine plus impoundment fees to the animal control agency
8impounding the dog; , unless the owner knowingly allowed the dog
9to run at large or failed to take steps to keep the dog in an
10enclosure then the Administrator shall impound and euthanize
11the dog and the owner shall be guilty of a Class 2 felony and
12shall pay a $1,000 fine plus impoundment fees to the animal
13control agency impounding the dog. The penalty provided in this
14paragraph shall be in addition to any other criminal or civil
15sanction provided by law.
16    (c) If the owner of a dangerous dog knowingly fails to
17comply with any order regarding the dog and the dog inflicts
18serious physical injury on a person or a companion animal, then
19the owner shall be guilty of a Class 4 felony and shall pay a
20$1,000 fine plus impoundment fees to the animal control agency
21impounding the dangerous dog. If the owner of a dangerous dog
22knowingly fails to comply with any order regarding the dog and
23the dog kills a person or contributes to the death of a person,
24then the Administrator shall impound and euthanize the
25dangerous dog and the owner shall be guilty of a Class 3 felony
26and shall pay a $1,000 fine plus impoundment fees to the animal



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1control agency impounding the dangerous dog.
2    (d) Any person convicted of violating Section 15.5 is
3guilty of a Class 4 felony.
4    (e) In addition to any other penalty provided by law, upon
5conviction for violating Section 15 or Section 15.5, the court
6may order it is unlawful for the convicted person to knowingly
7own, possess, have custody of, or reside in a residence with
8any other dog for a period of time that the court deems
10(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05;
1194-819, eff. 5-31-06.)
12    (510 ILCS 5/26.01 new)
13    Sec. 26.01. Reckless owners; dog ownership prohibited. No
14person may own or reside with a dog if the person has:
15        (1) been convicted of a second or subsequent violation
16    of Section 15.2 of this Act;
17        (2) been convicted of a violation of subsection (b) of
18    Section 15 of this Act or Section 12-36 of the Criminal
19    Code of 1961; or
20        (3) been convicted of a violation under subsections (b)
21    or (c) of Section 26 of this Act.
22    (510 ILCS 5/26.02 new)
23    Sec. 26.02. Dog ownership prohibition review. Beginning 3
24years after a conviction that prohibits a person from owning a



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1dog, and annually thereafter, the person may request that the
2Administrator review the prohibition, violations, any criminal
3convictions, or any of the facts that the Administrator deems
4appropriate that led to the prohibition. The Administrator may
5rescind the prohibition entirely or rescind the prohibition
6with limitations. The Administrator may also establish
7conditions a person must meet before the prohibition is
8rescinded, including, but not limited to, successfully
9completing dog training or dog handling courses. If the
10Administrator rescinds a person's prohibition and the person
11subsequently fails to comply with any limitations imposed by
12animal control or the person is convicted of any animal
13violation involving unjustified bites or dog attacks, then the
14Administrator may permanently prohibit the person from owning a
15dog in the county.".