[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Amendatory Veto Motion 001 ] | [ Engrossed ] |
| [ Enrolled ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
92_SB0653gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 3, 2001
To the Honorable Members of
The Illinois Senate
92nd General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex rel.
Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387
(1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d
356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return Senate Bill 653, "AN ACT in relation to animals" with
my specific recommendations for change.
Senate Bill 653 amends the Animal Control Act to provide
that if a dog is found to be a dangerous dog, the dog must be
both muzzled and leashed whenever it is upon a street,
sidewalk, or other public place or grounds. It also provides
that if the owner of a dangerous dog fails to keep the dog
muzzled and leashed as required, and the dog attacks another
person, the owner is guilty of a Class 4 felony, except that
if the owner acted recklessly, the owner is guilty of a Class
3 felony. Current law provides for civil and administrative
action with respect to dangerous dogs. It provides that if
the owner of a vicious dog subject to enclosure fails to keep
the dog enclosed or as otherwise required by law, and the dog
attacks a person, the owner is guilty of a Class 4 felony
(currently a Class A misdemeanor), except that if the owner
acted recklessly, the owner is guilty of a Class 3 felony
(currently a Class 4 felony).
There is big difference between a dog found to be vicious
and a dog found to be dangerous. A vicious dog is one that
has without provocation bitten someone before, attacked a
person or domestic animal before, is a breed with a known
propensity to attack without provocation or has been found to
be a dangerous dog on three separate occasions. The current
criminal penalties apply only to a dog found to be vicious
which the owner fails to enclose and the dog inflicts great
bodily harm or permanent disability on another person.
A dangerous dog is a separate category under the Act and
is an unmuzzled, unleashed or unattended dog that approaches
someone on public property in an apparent attack attitude,
but does not attack or bite. There is not a current
provision for finding a dog to be a dangerous dog similar to
the vicious dog provision; except for a provision allowing a
nuisance complaint to be filed in court to require a
dangerous dog to be kept on the owner's property.
This bill imposes a felony penalty on a person who has
taken reasonable steps to keep the vicious dog in an
enclosure, but the dog still manages to escape and injure
someone. Current law makes this felony only if the keeper
knowingly failed to take steps to keep the dog enclosed,
which I believe is appropriate. Current law also allows full
civil liability for damages. I also question equalizing the
penalty for keepers of dangerous dogs with those of vicious
dogs, and believe the General Assembly should reconsider this
issue.
Therefore, for these reasons I make the following
recommendations for change:
on page 5, line 31, by deleting "4 felony, except that
if" and
on page 5, line 32, by replacing "A misdemeanor, unless"
with "A misdemeanor, unless"; and
on page 6, line 3, by replacing "3 4" with "4"; and
on page 6, line 16, by replacing "4 felony" with "A
misdemeanor"; and
on page 6, line 18, by replacing "3" with "4".
With these changes, Senate Bill 653 will have my
approval. I respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR