Bill Amendment: IL HB4191 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: IMMUNITY-DOG & CAT-LOCKED CAR

Status: 2019-01-08 - Session Sine Die [HB4191 Detail]

Download: Illinois-2017-HB4191-House_Amendment_002.html

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Rep. David S. Olsen

Filed: 3/2/2018

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AMENDMENT TO HOUSE BILL 4191
AMENDMENT NO. ______. Amend House Bill 4191 by replacing
everything after the enacting clause with the following:
"Section 5. The Humane Care for Animals Act is amended by
adding Section 7.2 as follows:
(510 ILCS 70/7.2 new)
Sec. 7.2. Persons removing a dog or cat from a locked
vehicle exempt from civil liability.
(a) In this Section, "harm" means injury or death.
(b) Except as provided in subsection (d) of this Section, a
person is immune from civil liability for property damage to a
locked vehicle when the damage results from forcible entry of
the vehicle to remove a dog or cat from the vehicle if the
person:
(1) determines the vehicle is locked or there is
otherwise no reasonable method for the dog or cat to exit

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the vehicle;
(2) has a good faith belief that forcible entry into
the vehicle is necessary because the dog or cat is in
imminent danger of suffering harm if not immediately
removed from the vehicle, and based upon the circumstances
known to the person at the time, the belief is a reasonable
one;
(3) has made a good faith effort to contact a 9-1-1
emergency telephone system operator, law enforcement, or
the fire department, and if contact is not possible prior
to forcibly entering the vehicle, the person makes contact
as soon as possible after forcibly entering the vehicle;
(4) makes a good a faith effort to place a notice on
the vehicle's windshield with the person's contact
information, the reason entry was made, the location of the
dog or cat, and the fact that authorities have been
notified;
(5) remains with the dog or cat in a safe location
until law enforcement or emergency responders arrive; and
(6) uses no more force than necessary to enter the
vehicle to remove the dog or cat.
(c) A person shall not be immune from civil liability for
any damage or deprivation of property resulting from the
forcible entry of a vehicle for the purpose of removing a dog
or cat from the vehicle if the person's actions constitute
recklessness or willful or wanton misconduct with regard to the

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entry of the vehicle.
Section 10. The Criminal Code of 2012 is amended by
changing Sections 21-1 and 21-2 as follows:
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(a) A person commits criminal damage to property when he or
she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages
property of another;
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another
without his or her consent;
(5) knowingly deposits on the land or in the building
of another any stink bomb or any offensive smelling
compound and thereby intends to interfere with the use by
another of the land or building;
(6) knowingly damages any property, other than as
described in paragraph (2) of subsection (a) of Section
20-1, with intent to defraud an insurer;
(7) knowingly shoots a firearm at any portion of a
railroad train;
(8) knowingly, without proper authorization, cuts,
injures, damages, defaces, destroys, or tampers with any

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fire hydrant or any public or private fire fighting
equipment, or any apparatus appertaining to fire fighting
equipment; or
(9) intentionally, without proper authorization, opens
any fire hydrant.
(b) When the charge of criminal damage to property
exceeding a specified value is brought, the extent of the
damage is an element of the offense to be resolved by the trier
of fact as either exceeding or not exceeding the specified
value.
(c) It is an affirmative defense to a violation of
paragraph (1), (3), or (5) of subsection (a) of this Section
that the owner of the property or land damaged consented to the
damage.
(c-5) It is an affirmative defense to a violation of
paragraph (1) of subsection (a) of this Section when the damage
to a locked vehicle results from forcible entry to remove a dog
or cat from the vehicle if the person:
(1) determines the vehicle is locked or there is
otherwise no reasonable method for the dog or cat to exit
the vehicle;
(2) has a good faith belief that forcible entry into
the vehicle is necessary because a dog or cat is in
imminent danger of suffering harm if not immediately
removed from the vehicle, and based upon the circumstances
known to the person at the time, the belief is a reasonable

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one;
(3) has made a good faith effort to contact a 9-1-1
emergency telephone system operator, law enforcement, or
the fire department, and if contact is not possible prior
to forcibly entering the vehicle, the person makes contact
as soon as possible after forcibly entering the vehicle;
(4) makes a good a faith effort to place a notice on
the vehicle's windshield with the person's contact
information, the reason entry was made, the location of the
dog or cat, and the fact that authorities have been
notified;
(5) remains with the dog or cat in a safe location
until law enforcement or emergency responders arrive; and
(6) uses no more force than necessary to enter the
vehicle to remove the dog or cat.
(d) Sentence.
(1) A violation of subsection (a) shall have the
following penalties:
(A) A violation of paragraph (8) or (9) is a Class
B misdemeanor.
(B) A violation of paragraph (1), (2), (3), (5), or
(6) is a Class A misdemeanor when the damage to
property does not exceed $500.
(C) A violation of paragraph (1), (2), (3), (5), or
(6) is a Class 4 felony when the damage to property
does not exceed $500 and the damage occurs to property

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of a school or place of worship or to farm equipment or
immovable items of agricultural production, including
but not limited to grain elevators, grain bins, and
barns or property which memorializes or honors an
individual or group of police officers, fire fighters,
members of the United States Armed Forces, National
Guard, or veterans.
(D) A violation of paragraph (4) is a Class 4
felony when the damage to property does not exceed
$10,000.
(E) A violation of paragraph (7) is a Class 4
felony.
(F) A violation of paragraph (1), (2), (3), (5) or
(6) is a Class 4 felony when the damage to property
exceeds $500 but does not exceed $10,000.
(G) A violation of paragraphs (1) through (6) is a
Class 3 felony when the damage to property exceeds $500
but does not exceed $10,000 and the damage occurs to
property of a school or place of worship or to farm
equipment or immovable items of agricultural
production, including but not limited to grain
elevators, grain bins, and barns or property which
memorializes or honors an individual or group of police
officers, fire fighters, members of the United States
Armed Forces, National Guard, or veterans.
(H) A violation of paragraphs (1) through (6) is a

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Class 3 felony when the damage to property exceeds
$10,000 but does not exceed $100,000.
(I) A violation of paragraphs (1) through (6) is a
Class 2 felony when the damage to property exceeds
$10,000 but does not exceed $100,000 and the damage
occurs to property of a school or place of worship or
to farm equipment or immovable items of agricultural
production, including but not limited to grain
elevators, grain bins, and barns or property which
memorializes or honors an individual or group of police
officers, fire fighters, members of the United States
Armed Forces, National Guard, or veterans.
(J) A violation of paragraphs (1) through (6) is a
Class 2 felony when the damage to property exceeds
$100,000. A violation of paragraphs (1) through (6) is
a Class 1 felony when the damage to property exceeds
$100,000 and the damage occurs to property of a school
or place of worship or to farm equipment or immovable
items of agricultural production, including but not
limited to grain elevators, grain bins, and barns or
property which memorializes or honors an individual or
group of police officers, fire fighters, members of the
United States Armed Forces, National Guard, or
veterans.
(2) When the damage to property exceeds $10,000, the
court shall impose upon the offender a fine equal to the

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value of the damages to the property.
(3) In addition to any other sentence that may be
imposed, a court shall order any person convicted of
criminal damage to property to perform community service
for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction and is
funded and approved by the county board of the county where
the offense was committed. In addition, whenever any person
is placed on supervision for an alleged offense under this
Section, the supervision shall be conditioned upon the
performance of the community service.
The community service requirement does not apply when
the court imposes a sentence of incarceration.
(4) In addition to any criminal penalties imposed for a
violation of this Section, if a person is convicted of or
placed on supervision for knowingly damaging or destroying
crops of another, including crops intended for personal,
commercial, research, or developmental purposes, the
person is liable in a civil action to the owner of any
crops damaged or destroyed for money damages up to twice
the market value of the crops damaged or destroyed.
(5) For the purposes of this subsection (d), "farm
equipment" means machinery or other equipment used in
farming.
(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)

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(720 ILCS 5/21-2) (from Ch. 38, par. 21-2)
Sec. 21-2. Criminal trespass to vehicles.
(a) A person commits criminal trespass to vehicles when he
or she knowingly and without authority enters any part of or
operates any vehicle, aircraft, watercraft, or snowmobile.
(a-5) It is an affirmative defense to a violation of this
Section when entry to a locked vehicle is for removal of a dog
or cat from the vehicle if the person:
(1) determines the vehicle is locked or there is
otherwise no reasonable method for the dog or cat to exit
the vehicle;
(2) has a good faith belief that forcible entry into
the vehicle is necessary because a dog or cat is in
imminent danger of suffering harm if not immediately
removed from the vehicle, and based upon the circumstances
known to the person at the time, the belief is a reasonable
one;
(3) has made a good faith effort to contact a 9-1-1
emergency telephone system operator, law enforcement, or
the fire department, and if contact is not possible prior
to forcibly entering the vehicle, the person makes contact
as soon as possible after forcibly entering the vehicle;
(4) makes a good a faith effort to place a notice on
the vehicle's windshield with the person's contact
information, the reason entry was made, the location of the
dog or cat, and the fact that authorities have been

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notified;
(5) remains with the dog or cat in a safe location
until law enforcement or emergency responders arrive; and
(6) uses no more force than necessary to enter the
vehicle to remove the dog or cat.
(b) Sentence. Criminal trespass to vehicles is a Class A
misdemeanor.
(Source: P.A. 97-1108, eff. 1-1-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".