Bill Amendment: IL HB0708 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIM PRO-ARREST-ANIMAL CRUELTY
Status: 2019-01-08 - Session Sine Die [HB0708 Detail]
Download: Illinois-2017-HB0708-House_Amendment_001.html
Bill Title: CRIM PRO-ARREST-ANIMAL CRUELTY
Status: 2019-01-08 - Session Sine Die [HB0708 Detail]
Download: Illinois-2017-HB0708-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 708
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| 2 | AMENDMENT NO. ______. Amend House Bill 708 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by adding Section 107-17 as follows:
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| 6 | (725 ILCS 5/107-17 new) | ||||||
| 7 | Sec. 107-17. Animal cruelty offenses; arrest; notice to | ||||||
| 8 | appear; immunity. | ||||||
| 9 | (a) A peace officer shall arrest without a warrant or issue | ||||||
| 10 | a notice to appear to any person who violates Section 3.01 | ||||||
| 11 | (cruel treatment), 3.02 (aggravated cruelty), 3.03 (animal | ||||||
| 12 | torture), or 4.01 (animals in entertainment) of the Humane Care | ||||||
| 13 | for Animals Act, or Section 12-35 (sexual conduct or sexual | ||||||
| 14 | contact with an animal) or 48-1 (dogfighting) of the Criminal | ||||||
| 15 | Code of 2012. | ||||||
| 16 | (b) Except as otherwise provided by law, if the person | ||||||
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| 1 | arrested under subsection (a) of this Section is not the owner | ||||||
| 2 | of the animal involved and the animal is not otherwise subject | ||||||
| 3 | to seizure and forfeiture, the officer shall use reasonable | ||||||
| 4 | diligence to notify the owner of the animal and shall properly | ||||||
| 5 | care and provide for the animal until the owner or the owner's | ||||||
| 6 | agent claims or takes charge of the animal; provided, the owner | ||||||
| 7 | or owner's agent claims or takes charge of the animal within 60 | ||||||
| 8 | days of the notice under this subsection. The law enforcement | ||||||
| 9 | agency which employs the peace officer giving notice under this | ||||||
| 10 | subsection may recover the cost of care or provision for the | ||||||
| 11 | animal from the owner or person arrested. | ||||||
| 12 | (c) Any peace officer and any person into whose care an | ||||||
| 13 | animal is delivered by a peace officer acting under this | ||||||
| 14 | Section, who cares or provides for an animal under this | ||||||
| 15 | Section, shall be immune from civil liability based upon an | ||||||
| 16 | allegation that the care was negligently provided, unless the | ||||||
| 17 | act is the result of willful or wanton misconduct. | ||||||
| 18 | (d) Any act of omission or commission by any peace officer | ||||||
| 19 | acting in good faith in enforcing this Act shall not impose | ||||||
| 20 | civil liability upon the peace officer or his or her supervisor | ||||||
| 21 | or employer, unless the act is a result of willful or wanton | ||||||
| 22 | misconduct.
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| 23 | Section 99. Effective date. This Act takes effect upon | ||||||
| 24 | becoming law.".
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