Rep. John E. Bradley

Filed: 5/26/2011





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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
9to the Administrator, Deputy Administrator, Animal Control
10Warden, or law enforcement officer the name, address, and phone
11number of the owner on request.
12(Source: P.A. 89-178, eff. 7-19-95.)
13    Section 10. The Animal Control Act is amended by changing
14Sections 10, 15, and 26 and by adding Sections 2.18b, 2.18c,
1526.01, and 26.02 as follows:
16    (510 ILCS 5/2.18b new)
17    Sec. 2.18b. "Proof of caretaking" means either veterinary
18records, sterilization records, microchip registration, or an
20    (510 ILCS 5/2.18c new)
21    Sec. 2.18c. "Proof of ownership" means a valid registration
22certificate, municipal license, microchip registration,
23veterinary records, expired registration certificates or



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1licenses, adoption contracts, bills of sale, photographs, or
2affidavits submitted by 3 individuals.
3    (510 ILCS 5/10)  (from Ch. 8, par. 360)
4    Sec. 10. Impoundment; redemption. When dogs or cats are
5apprehended and impounded, they must be scanned for the
6presence of a microchip and cannot be adopted, moved, or
7euthanized without a second scanning. The Administrator shall
8make every reasonable attempt to contact the owner as defined
9by Section 2.16 as soon as possible. The Administrator shall
10give notice of not less than 7 business days to the owner prior
11to disposal of the animal. Such notice shall be mailed to the
12last known address of the owner. Testimony of the
13Administrator, or his or her authorized agent, who mails such
14notice shall be evidence of the receipt of such notice by the
15owner of the animal.
16    When a microchip or other identification is present in any
17companion animal in the custody of the Administrator, Deputy
18Administrator, Animal Control Warden, or law enforcement,
19licensees under the Animal Welfare Act and veterinarians shall
20provide to the Administrator, Deputy Administrator, Animal
21Control Warden, or law enforcement officer the name, address,
22and phone number of the owner on request.
23    In case the owner of any impounded dog or cat desires to
24make redemption thereof, he or she may do so by doing the



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



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



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1    willful trespass or other tort upon the premises or
2    property owned or occupied by the owner of the animal;
3        (2) the injured, threatened, or killed person was
4    abusing, assaulting, or physically threatening the dog or
5    its offspring, or has in the past abused, assaulted, or
6    physically threatened the dog or its offspring; or
7        (3) the dog was responding to pain or injury, or was
8    protecting itself, its owner, custodian, or member of its
9    household, kennel, or offspring.
10    No dog shall be deemed "vicious" if it is a professionally
11trained dog for law enforcement or guard duties. Vicious dogs
12shall not be classified in a manner that is specific as to
14    If the burden of proof has been met, the court shall deem
15the dog to be a vicious dog.
16    If a dog is found to be a vicious dog, the owner shall pay a
17$100 public safety fine to be deposited into the Pet Population
18Control Fund, the dog shall be spayed or neutered within 10
19days of the finding at the expense of its owner and
20microchipped, if not already, and the dog is subject to
22    If an owner fails to comply with these requirements, the
23animal control agency shall impound the dog and the owner shall
24pay a $500 fine plus impoundment fees to the animal control
25agency impounding the dog. The judge has the discretion to
26order a vicious dog be euthanized. A dog found to be a vicious



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



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



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1notify such departments of any address changes reported to him.
2    (c) If the animal control agency has custody of the dog,
3the agency may file a petition with the court requesting that
4the owner be ordered to post security. The security must be in
5an amount sufficient to secure payment of all reasonable
6expenses expected to be incurred by the animal control agency
7or animal shelter in caring for and providing for the dog
8pending the determination. Reasonable expenses include, but
9are not limited to, estimated medical care and boarding of the
10animal for 30 days. If security has been posted in accordance
11with this Section, the animal control agency may draw from the
12security the actual costs incurred by the agency in caring for
13the dog.
14    (d) Upon receipt of a petition, the court must set a
15hearing on the petition, to be conducted within 5 business days
16after the petition is filed. The petitioner must serve a true
17copy of the petition upon the defendant.
18    (e) If the court orders the posting of security, the
19security must be posted with the clerk of the court within 5
20business days after the hearing. If the person ordered to post
21security does not do so, the dog is forfeited by operation of
22law and the animal control agency must dispose of the animal
23through adoption or humane euthanization.
24(Source: P.A. 96-1171, eff. 7-22-10.)
25    (510 ILCS 5/26)  (from Ch. 8, par. 376)



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1    Sec. 26. Violations; punishment.
2    (a) Except as otherwise provided in this Act, any person
3violating or aiding in or abetting the violation of any
4provision of this Act, or counterfeiting or forging any
5certificate, permit, or tag, or making any misrepresentation in
6regard to any matter prescribed by this Act, or resisting,
7obstructing, or impeding the Administrator or any authorized
8officer in enforcing this Act, or refusing to produce for
9inoculation any dog in his possession, or who removes a tag
10from a dog for purposes of destroying or concealing its
11identity, is guilty of a Class C misdemeanor for a first
12offense and for a subsequent offense, is guilty of a Class B
14    Each day a person fails to comply constitutes a separate
15offense. Each State's Attorney to whom the Administrator
16reports any violation of this Act shall cause appropriate
17proceedings to be instituted in the proper courts without delay
18and to be prosecuted in the manner provided by law.
19    (b) If the owner of a vicious dog subject to enclosure:
20        (1) fails to maintain or keep the dog in an enclosure
21    or fails to spay or neuter the dog or microchip the dog
22    within the time period prescribed; and
23        (2) the dog inflicts serious physical injury upon any
24    other person or causes the death of another person; and
25        (3) the attack is unprovoked in a place where such
26    person is peaceably conducting himself or herself and where



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1    such person may lawfully be;
2then the Administrator shall impound and euthanize the dog and
3the owner shall be guilty of a Class 3 felony and shall pay a
4$1,000 fine plus impoundment fees to the animal control agency
5impounding the dog; , unless the owner knowingly allowed the dog
6to run at large or failed to take steps to keep the dog in an
7enclosure then the Administrator shall impound and euthanize
8the dog and the owner shall be guilty of a Class 2 felony and
9shall pay a $1,000 fine plus impoundment fees to the animal
10control agency impounding the dog. The penalty provided in this
11paragraph shall be in addition to any other criminal or civil
12sanction provided by law.
13    (c) If the owner of a dangerous dog knowingly fails to
14comply with any order regarding the dog and the dog inflicts
15serious physical injury on a person or a companion animal, then
16the owner shall be guilty of a Class 4 felony and shall pay a
17$1,000 fine plus impoundment fees to the animal control agency
18impounding the dangerous dog. If the owner of a dangerous dog
19knowingly fails to comply with any order regarding the dog and
20the dog kills a person, then the Administrator shall impound
21and euthanize the dangerous dog and the owner shall be guilty
22of a Class 3 felony and shall pay a $1,000 fine plus
23impoundment fees to the animal control agency impounding the
24dangerous dog.
25(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05;
2694-819, eff. 5-31-06.)



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1    (510 ILCS 5/26.01 new)
2    Sec. 26.01. Reckless owners; dog ownership prohibited. No
3person may own or reside with a dog if the person has:
4        (1) been convicted of a second or subsequent violation
5    of Section 15.2 of this Act;
6        (2) been convicted of a violation of subsection (b) of
7    Section 15 of this Act or Section 12-36 of the Criminal
8    Code of 1961; or
9        (3) been convicted of a violation under subsections (b)
10    or (c) of Section 26 of this Act.
11    (510 ILCS 5/26.02 new)
12    Sec. 26.02. Dog ownership prohibition review. Beginning 3
13years after a conviction that prohibits a person from owning a
14dog, and annually thereafter, the person may request that the
15Administrator review the prohibition, violations, any criminal
16convictions, or any of the facts that the Administrator deems
17appropriate that led to the prohibition. The Administrator may
18rescind the prohibition entirely or rescind the prohibition
19with limitations. The Administrator may also establish
20conditions a person must meet before the prohibition is
21rescinded, including, but not limited to, successfully
22completing dog training or dog handling courses. If the
23Administrator rescinds a person's prohibition and the person
24subsequently fails to comply with any limitations imposed by



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1animal control or the person is convicted of any animal
2violation involving unjustified bites or dog attacks, then the
3Administrator may permanently prohibit the person from owning a
4dog in the county.".