Illinois General Assembly - Full Text of SB1531
Illinois General Assembly

Previous General Assemblies

Full Text of SB1531  97th General Assembly


Rep. John E. Bradley

Filed: 5/29/2011





09700SB1531ham003LRB097 06443 CEL 56487 a


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



09700SB1531ham003- 2 -LRB097 06443 CEL 56487 a

1be provided to any person acquiring a dog from a licensee under
2this Act. In addition, guard dog services shall be required to
3maintain records of transfer of ownership, death, or
4disappearance of a guard dog or sentry dog used by that guard
5dog service.
6    When a microchip or other identification is present in any
7companion animal in the custody of the Administrator, Deputy
8Administrator, Animal Control Warden, or law enforcement under
9the Animal Control Act, licensees under this Act shall provide
10to the Administrator, Deputy Administrator, Animal Control
11Warden, or law enforcement officer the name, address, and phone
12number of the owner on request.
13(Source: P.A. 89-178, eff. 7-19-95.)
14    Section 10. The Animal Control Act is amended by changing
15Sections 10, 15, and 26 and by adding Sections 2.18b, 2.18c,
1626.01, and 26.02 as follows:
17    (510 ILCS 5/2.18b new)
18    Sec. 2.18b. "Proof of caretaking" means either veterinary
19records, sterilization records, microchip registration, or an
21    (510 ILCS 5/2.18c new)
22    Sec. 2.18c. "Proof of ownership" means a valid registration
23certificate, municipal license, microchip registration,



09700SB1531ham003- 3 -LRB097 06443 CEL 56487 a

1veterinary records, expired registration certificates or
2licenses, adoption contracts, bills of sale, photographs, or
3affidavits submitted by 3 individuals.
4    (510 ILCS 5/10)  (from Ch. 8, par. 360)
5    Sec. 10. Impoundment; redemption. When dogs or cats are
6apprehended and impounded, they must be scanned for the
7presence of a microchip and cannot be adopted, moved, or
8euthanized without a second scanning. The Administrator shall
9make every reasonable attempt to contact the owner as defined
10by Section 2.16 as soon as possible. The Administrator shall
11give notice of not less than 7 business days to the owner prior
12to disposal of the animal. Such notice shall be mailed to the
13last known address of the owner. Testimony of the
14Administrator, or his or her authorized agent, who mails such
15notice shall be evidence of the receipt of such notice by the
16owner of the animal.
17    When a microchip or other identification is present in any
18companion animal in the custody of the Administrator, Deputy
19Administrator, Animal Control Warden, or law enforcement,
20licensees under the Animal Welfare Act and veterinarians shall
21provide to the Administrator, Deputy Administrator, Animal
22Control Warden, or law enforcement officer the name, address,
23and phone number of the owner on request.
24    In case the owner of any impounded dog or cat desires to
25make redemption thereof, he or she may do so by doing the



09700SB1531ham003- 4 -LRB097 06443 CEL 56487 a

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



09700SB1531ham003- 5 -LRB097 06443 CEL 56487 a

1    (510 ILCS 5/15)  (from Ch. 8, par. 365)
2    Sec. 15. Vicious dog determination.
3    (a) In order to have a dog deemed "vicious", the
4Administrator, Deputy Administrator, or law enforcement
5officer must give notice of the infraction that is the basis of
6the investigation to the owner, conduct a thorough
7investigation, interview any witnesses, including the owner,
8gather any existing medical records, veterinary medical
9records or behavioral evidence, and make a detailed report
10recommending a finding that the dog is a vicious dog and give
11the report to the States Attorney's Office and the owner. The
12Administrator, State's Attorney, Director or any citizen of the
13county in which the dog exists may file a complaint in the
14circuit court in the name of the People of the State of
15Illinois to deem a dog to be a vicious dog. Testimony of a
16certified applied behaviorist, a board certified veterinary
17behaviorist, or another recognized expert may be relevant to
18the court's determination of whether the dog's behavior was
19justified. The petitioner must prove the dog is a vicious dog
20by clear and convincing evidence. The Administrator shall
21determine where the animal shall be confined during the
22pendency of the case.
23    A dog may not be declared vicious if the court determines
24the conduct of the dog was justified because:
25        (1) the threat, injury, or death was sustained by a
26    person who at the time was committing a crime or offense



09700SB1531ham003- 6 -LRB097 06443 CEL 56487 a

1    upon the owner or custodian of the dog, or was committing a
2    willful trespass or other tort upon the premises or
3    property owned or occupied by the owner of the animal;
4        (2) the injured, threatened, or killed person was
5    abusing, assaulting, or physically threatening the dog or
6    its offspring, or has in the past abused, assaulted, or
7    physically threatened the dog or its offspring; or
8        (3) the dog was responding to pain or injury, or was
9    protecting itself, its owner, custodian, or member of its
10    household, kennel, or offspring.
11    No dog shall be deemed "vicious" if it is a professionally
12trained dog for law enforcement or guard duties. Vicious dogs
13shall not be classified in a manner that is specific as to
15    If the burden of proof has been met, the court shall deem
16the dog to be a vicious dog.
17    If a dog is found to be a vicious dog, the owner shall pay a
18$100 public safety fine to be deposited into the Pet Population
19Control Fund, the dog shall be spayed or neutered within 10
20days of the finding at the expense of its owner and
21microchipped, if not already, and the dog is subject to
23    If an owner fails to comply with these requirements, the
24animal control agency shall impound the dog and the owner shall
25pay a $500 fine plus impoundment fees to the animal control
26agency impounding the dog. The judge has the discretion to



09700SB1531ham003- 7 -LRB097 06443 CEL 56487 a

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



09700SB1531ham003- 8 -LRB097 06443 CEL 56487 a

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



09700SB1531ham003- 9 -LRB097 06443 CEL 56487 a

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



09700SB1531ham003- 10 -LRB097 06443 CEL 56487 a

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



09700SB1531ham003- 11 -LRB097 06443 CEL 56487 a

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



09700SB1531ham003- 12 -LRB097 06443 CEL 56487 a

194-819, eff. 5-31-06.)
2    (510 ILCS 5/26.01 new)
3    Sec. 26.01. Reckless owners; dog ownership prohibited. No
4person may own or reside with a dog if the person has:
5        (1) been convicted of a violation of Section 12-36 of
6    the Criminal Code of 1961; or
7        (2) been convicted of a violation under subsections (b)
8    or (c) of Section 26 of this Act.
9    (510 ILCS 5/26.02 new)
10    Sec. 26.02. Dog ownership prohibition review. Beginning 3
11years after a conviction that prohibits a person from owning a
12dog, and annually thereafter, the person may request that the
13Administrator review the prohibition, violations, any criminal
14convictions, or any of the facts that the Administrator deems
15appropriate that led to the prohibition. The Administrator may
16rescind the prohibition entirely or rescind the prohibition
17with limitations. The Administrator may also establish
18conditions a person must meet before the prohibition is
19rescinded, including, but not limited to, successfully
20completing dog training or dog handling courses. If the
21Administrator rescinds a person's prohibition and the person
22subsequently fails to comply with any limitations imposed by
23animal control or the person is convicted of any animal
24violation involving unjustified bites or dog attacks, then the



09700SB1531ham003- 13 -LRB097 06443 CEL 56487 a

1Administrator may permanently prohibit the person from owning a
2dog in the county.".