Illinois General Assembly - Full Text of SB2386
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Full Text of SB2386  100th General Assembly

SB2386sam001 100TH GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 4/20/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2386

2    AMENDMENT NO. ______. Amend Senate Bill 2386 by replacing
3everything after the enacting clause with the following:
 
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.
 

 

 

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1    (510 ILCS 5/15.5 new)
2    Sec. 15.5. Reckless dog owner; complaint; penalty.
3    (a) The Administrator, State's Attorney, Director, or any
4citizen may file a complaint in circuit court in the name of
5the People of the State of Illinois to deem a person a reckless
6dog owner. If an owner is determined to be a reckless dog owner
7by clear and convincing evidence, the court shall order the
8immediate impoundment and forfeiture of all dogs the reckless
9dog owner has a property right in. The court shall further
10prohibit the property right ownership of a dog by the person
11determined to be a reckless dog owner for a period of at least
1212 months, but not more than 36 months for the first reckless
13dog owner determination.
14    (a-5) A dog's history during ownership by a person found to
15be a reckless dog owner shall not be considered conclusive of
16the dog's temperament and qualification for adoption or
17transfer. The dog's temperament shall be independently
18evaluated by a person qualified to conduct behavioral
19assessments and the receiving facility shall make every attempt
20to place the dog in another home, transfer the dog to rescue,
21or place the dog in a sanctuary.
22    (b) A person who refuses to forfeit a dog under this
23Section is a violation which carries a public safety fine of
24$500 for each dog to be deposited into the Pet Population
25Control Fund. Each day a person fails to comply with a

 

 

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1forfeiture or prohibition ordered under this Section shall
2constitute a separate offense.".