(510 ILCS 5/15)
(from Ch. 8, par. 365)
(a) In order to have a dog deemed "vicious", the Administrator,
or law enforcement officer must give notice of the
is the basis of the investigation to the owner, conduct a thorough
any witnesses, including the owner, gather any existing medical records,
medical records or behavioral evidence, and make a detailed report recommending
finding that the dog is a vicious dog and give the report to the State's
Attorney's Office and the
owner. The Administrator, State's Attorney, Director or any citizen of the
which the dog exists may file a complaint in the circuit court in the name of
the People of the
Illinois to deem a dog to be a vicious dog. Testimony of a certified applied
board certified veterinary behaviorist, or another recognized expert may be
relevant to the
court's determination of whether the dog's behavior was justified. The
prove the dog is a vicious dog by clear and convincing evidence. The
Administrator shall determine where the animal shall be confined during the
pendency of the case.
A dog may not be declared vicious if the court determines the conduct of
(1) the threat, injury, or death was sustained by a
No dog shall be deemed "vicious" if it is a professionally trained dog for
enforcement or guard duties. Vicious dogs shall not be classified
in a manner that is specific as to breed.
If the burden of proof has been met, the court shall deem the dog to be a
If a dog is found to be a vicious dog, the owner shall pay a $100 public safety fine to be deposited into the county animal control fund, the dog shall be spayed or
neutered within 10 days of the finding at the expense of its
owner and microchipped, if not already, and the dog is subject to
enclosure. If an owner fails to comply with these requirements, the animal control agency shall impound the dog and the owner shall pay a $500 fine plus impoundment fees to the animal control agency impounding the dog. The judge has the discretion to order a vicious dog be euthanized. A dog found to be a vicious dog shall not be released to the
owner until the Administrator, an Animal Control Warden, or the
Director approves the enclosure. No owner or
keeper of a vicious dog shall sell or give away the dog without
approval from the Administrator or court. Whenever an owner of a vicious dog relocates, he or she shall notify
Animal Control where he or she has relocated and the Administrator of County
Animal Control where he or she formerly resided.
(b) It shall be unlawful for any person to keep or maintain any dog
which has been found to be a vicious dog unless the dog is
kept in an enclosure. The only times that a vicious dog may be allowed out
of the enclosure are (1) if it is necessary for the owner or keeper to
obtain veterinary care for the dog, (2) in the case of an emergency or
natural disaster where the
dog's life is threatened, or (3) to comply with the order of a
court of competent jurisdiction, provided that the dog is securely muzzled
and restrained with a leash not
exceeding 6 feet in length, and shall be under the direct control and
supervision of the owner or keeper of the dog or muzzled in its residence.
Any dog which has been found to be a vicious dog and which is not
confined to an enclosure shall be impounded by the Administrator, an Animal
Control Warden, or the law enforcement authority having jurisdiction in
If the owner of the dog has not appealed the impoundment order to the
circuit court in the county in which the animal was impounded within 15
working days, the dog may be euthanized.
Upon filing a notice of appeal, the order of euthanasia shall be
automatically stayed pending the outcome of the appeal. The owner shall bear
the burden of timely notification to animal control in writing.
Guide dogs for the blind or hearing impaired, support dogs for persons with physical disabilities, accelerant detection dogs, and sentry, guard, or
police-owned dogs are
exempt from this Section; provided, an attack or injury to a person
occurs while the dog is performing duties as expected. To qualify for
exemption under this Section, each such dog shall be currently
inoculated against rabies in accordance with Section 8
of this Act. It shall be the duty of the owner of such exempted dog to
notify the Administrator of changes of address. In the case of a sentry or
guard dog, the owner shall keep the Administrator advised of the location
where such dog will be stationed. The Administrator shall provide police
and fire departments with a categorized list of such exempted dogs, and
shall promptly notify such departments of any address changes reported to him.
(c) If the animal control agency has custody of the dog, the agency may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for 30 days. If security has been posted in accordance with this Section, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the dog.
(d) Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within 5 business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant.
(e) If the court orders the posting of security, the security must be posted with the clerk of the court within 5 business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by operation of law and the animal control agency must dispose of the animal through adoption or humane euthanization.
(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; 100-787, eff. 8-10-18.)