Bill Text: IL HB4484 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Animal Control Act. Provides that if the Administrator, State's Attorney, or Director has investigated and reasonably determines that a dog is a vicious dog, that official may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog. Deletes language providing that a citizen of the county in which the dog exists may file a complaint to commence a hearing to deem a dog to be a vicious dog. Provides that the changes are only effective to causes of actions accruing on or after the effective date of the bill. Provides that after a thorough investigation including: sending, within 10 business days of the Administrator or Director becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator or Director prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, deputy administrator, or law enforcement agent may, after determining that there exists probable cause to believe that a dog is a dangerous dog, ask the Administrator, or his or her designee, or the Director, to deem a dog to be "dangerous". Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4484 Detail]

Download: Illinois-2017-HB4484-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4484 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
510 ILCS 5/15 from Ch. 8, par. 365
510 ILCS 5/15.1
Amends the Animal Control Act. Provides that if the Administrator, State's Attorney, or Director has investigated and reasonably determines that a dog is a vicious dog, that official may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog. Deletes language providing that a citizen of the county in which the dog exists may file a complaint to commence a hearing to deem a dog to be a vicious dog. Provides that the changes are only effective to causes of actions accruing on or after the effective date of the bill. Provides that after a thorough investigation including: sending, within 10 business days of the Administrator or Director becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator or Director prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, deputy administrator, or law enforcement agent may, after determining that there exists probable cause to believe that a dog is a dangerous dog, ask the Administrator, or his or her designee, or the Director, to deem a dog to be "dangerous". Effective immediately.
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A BILL FOR
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AN ACT concerning animals.
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 changing
Sections 15 and 15.1 as follows:
(510 ILCS 5/15) (from Ch. 8, par. 365)
Sec. 15. Vicious Dogs.
(a) In order to have a dog deemed "vicious", the
Administrator, Deputy Administrator, or law enforcement
officer must give notice of the infraction that is the basis of
the investigation to the owner, conduct a thorough
investigation, interview any witnesses, including the owner,
gather any existing medical records, veterinary medical
records or behavioral evidence, and make a detailed report
recommending a finding that the dog is a vicious dog and give
the report to the State's Attorney's Office and the owner. If
the The Administrator, State's Attorney, or Director has
investigated and reasonably determines that a dog is a vicious
dog as defined under Section 2.19b of this Act, that official
or any citizen of the county in which the dog exists may file a
complaint in the circuit court of the county in which the dog
exists in the name of the People of the State of Illinois to
deem a dog to be a vicious dog. Testimony of a certified

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applied behaviorist, a 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
petitioner must 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 the dog was justified because:
(1) the threat, injury, or death was sustained by a
person who at the time was committing a crime or offense
upon the owner or custodian of the dog, or was committing a
willful trespass or other tort upon the premises or
property owned or occupied by the owner of the animal;
(2) the injured, threatened, or killed person was
abusing, assaulting, or physically threatening the dog or
its offspring, or has in the past abused, assaulted, or
physically threatened the dog or its offspring; or
(3) the dog was responding to pain or injury, or was
protecting itself, its owner, custodian, or member of its
household, kennel, or offspring.
No dog shall be deemed "vicious" if it is a professionally
trained dog for law 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 vicious dog.

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If a dog is found to be a vicious dog, the owner shall pay a
$100 public safety fine to be deposited into the Pet Population
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 both the Administrator of
County 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

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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 such area.
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

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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.

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(f) The changes to this Section made by this amendatory Act
of the 100th General Assembly apply only to causes of action
accruing on or after the effective date of this amendatory Act
of the 100th General Assembly.
(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
(510 ILCS 5/15.1)
Sec. 15.1. Dangerous dog determination.
(a) After a thorough investigation including: sending,
within 10 business days of the Administrator or Director
becoming aware of the alleged infraction, notifications to the
owner of the alleged infractions, the fact of the initiation of
an investigation, and affording the owner an opportunity to
meet with the Administrator or Director prior to the making of
a determination; gathering of any medical or veterinary
evidence; interviewing witnesses; and making a detailed
written report, an animal control warden, deputy
administrator, or law enforcement agent may, after determining
that there exists probable cause to believe that a dog is a
dangerous dog, ask the Administrator, or his or her designee,
or the Director, to deem a dog to be "dangerous". No dog shall
be deemed a "dangerous dog" unless shown to be a dangerous dog
by a preponderance of evidence. The owner shall be sent
immediate notification of the determination by registered or
certified mail that includes a complete description of the
appeal process.

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(b) A dog shall not be declared dangerous if the
Administrator, or his or her designee, or the Director
determines the conduct of the dog was justified because:
(1) the threat was sustained by a person who at the
time was committing a crime or offense upon the owner or
custodian of the dog or was committing a willful trespass
or other tort upon the premises or property occupied by the
owner of the animal;
(2) the threatened person was abusing, assaulting, or
physically threatening the dog or its offspring;
(3) the injured, threatened, or killed companion
animal was attacking or threatening to attack the dog or
its offspring; or
(4) the dog was responding to pain or injury or was
protecting itself, its owner, custodian, or a member of its
household, kennel, or offspring.
(c) Testimony of a certified applied behaviorist, a board
certified veterinary behaviorist, or another recognized expert
may be relevant to the determination of whether the dog's
behavior was justified pursuant to the provisions of this
Section.
(d) If deemed dangerous, the Administrator, or his or her
designee, or the Director shall order (i) the dog's owner to
pay a $50 public safety fine to be deposited into the Pet
Population Control Fund, (ii) the dog to be spayed or neutered
within 14 days at the owner's expense and microchipped, if not

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already, and (iii) one or more of the following as deemed
appropriate under the circumstances and necessary for the
protection of the public:
(1) evaluation of the dog by a certified applied
behaviorist, a board certified veterinary behaviorist, or
another recognized expert in the field and completion of
training or other treatment as deemed appropriate by the
expert. The owner of the dog shall be responsible for all
costs associated with evaluations and training ordered
under this subsection; or
(2) direct supervision by an adult 18 years of age or
older whenever the animal is on public premises.
(e) The Administrator may order a dangerous dog to be
muzzled whenever it is on public premises in a manner that will
prevent it from biting any person or animal, but that shall not
injure the dog or interfere with its vision or respiration.
(f) Guide dogs for the blind or hearing impaired, support
dogs for persons with a physical disability, 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 and performing
duties as expected. It shall be the duty of the owner of the
exempted dog to notify the Administrator of changes of address.
In the case of a sentry or guard dog, the owner shall keep the

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Administrator advised of the location where such dog will be
stationed. The Administrator shall provide police and fire
departments with a categorized list of the exempted dogs, and
shall promptly notify the departments of any address changes
reported to him or her.
(g) An animal control agency has the right to impound a
dangerous dog if the owner fails to comply with the
requirements of this Act.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.