Public Act 100-0971
 
SB2386 EnrolledLRB100 17897 MJP 33081 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Animal Control Act is amended by adding
Sections 2.18b and 15.5 as follows:
 
    (510 ILCS 5/2.18b new)
    Sec. 2.18b. Reckless dog owner. "Reckless dog owner" means
a person who owns a dog that while anywhere other than upon the
property of the owner, and without justification, kills another
dog that results in that dog being deemed a dangerous dog under
Section 15.1 of this Act and who knowingly allows the dog to
violate Section 9 of this Act on 2 occasions within 12 months
of the incident for which the dog was deemed dangerous or is
involved in another incident that results in the dog being
deemed dangerous on a second occasion within 24 months of the
original dangerous determination.
 
    (510 ILCS 5/15.5 new)
    Sec. 15.5. Reckless dog owner; complaint; penalty.
    (a) The Administrator, State's Attorney, Director, or any
citizen may file a complaint in circuit court to determine
whether a person is a reckless dog owner. If an owner is
determined to be a reckless dog owner by clear and convincing
evidence, the court shall order the immediate impoundment and
forfeiture of all dogs the reckless dog owner has a property
right in. Forfeiture may be to any licensed shelter, rescue, or
sanctuary. The court shall further prohibit the property right
ownership of a dog by the person determined to be a reckless
dog owner for a period of at least 12 months, but not more than
36 months for the first reckless dog owner determination.
    (a-5) A dog's history during ownership by a person found to
be a reckless dog owner shall not be considered conclusive of
the dog's temperament and qualification for adoption or
transfer. The dog's temperament shall be independently
evaluated by a person qualified to conduct behavioral
assessments and, if deemed adoptable, the receiving facility
shall make a reasonable attempt to place the dog in another
home, transfer the dog to rescue, or place the dog in a
sanctuary.
    (b) A person who refuses to forfeit a dog under this
Section is a violation which carries a public safety fine of
$500 for each dog to be deposited into the Pet Population
Control Fund. Each day a person fails to comply with a
forfeiture or prohibition ordered under this Section shall
constitute a separate offense.