Bill Text: IL SB2294 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Humane Care for Animals Act. Provides that a person is immune from criminal liability for criminal damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a vehicle and from civil liability for property damage if a domestic animal was present in the vehicle and the person had a good faith belief that the domestic animal was in imminent danger of suffering bodily harm unless the domestic animal was removed from the vehicle or exited the vehicle if certain circumstances occur. Amends the Criminal Code of 2012. Provides that a person is immune from criminal liability for damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a locked vehicle and from civil liability for property damage if a child was present in the vehicle and the person had a good faith belief that the child was in imminent danger of suffering bodily harm unless the child was removed from the vehicle or exited the vehicle if certain circumstances occur. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-09 - Session Sine Die [SB2294 Detail]

Download: Illinois-2017-SB2294-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2294 Introduced 1/10/2018, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
510 ILCS 70/7.2 new
720 ILCS 5/12C-22 new
Amends the Humane Care for Animals Act. Provides that a person is immune from criminal liability for criminal damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a vehicle and from civil liability for property damage if a domestic animal was present in the vehicle and the person had a good faith belief that the domestic animal was in imminent danger of suffering bodily harm unless the domestic animal was removed from the vehicle or exited the vehicle if certain circumstances occur. Amends the Criminal Code of 2012. Provides that a person is immune from criminal liability for damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a locked vehicle and from civil liability for property damage if a child was present in the vehicle and the person had a good faith belief that the child was in imminent danger of suffering bodily harm unless the child was removed from the vehicle or exited the vehicle if certain circumstances occur. Effective immediately.
LRB100 16008 SLF 31126 b
A BILL FOR
SB2294 LRB100 16008 SLF 31126 b
AN ACT concerning civil and criminal immunity.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 domestic animal from a locked
vehicle exempt from criminal and civil liability.
(a) In this Section:
"Domestic animal" means a dog, cat, or other animal that is
domesticated and kept as a household pet, but does not include
livestock as defined in Section 1 of the Illinois Livestock
Dealer Licensing Act.
"Vehicle" means a motor vehicle or any other vehicle that
is used to transport persons or cargo and that is enclosed.
(b) A person is immune from criminal liability for criminal
damage to property under Section 21-1 of the Criminal Code of
2012 and criminal trespass to vehicles under Section 21-2 of
the Criminal Code of 2012 resulting from his or her forcible
entry into a vehicle and from civil liability for property
damage if:
(1) a domestic animal was present in the vehicle and
the person had a good faith belief that the domestic animal

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was in imminent danger of suffering bodily harm unless the
domestic animal was removed from the vehicle or exited the
vehicle;
(2) the person contacted a 9-1-1 emergency telephone
system operator or otherwise contacted law enforcement,
emergency medical services, or animal control prior to
forcibly entering the vehicle;
(3) the person determined that the vehicle was locked
and forcible entry was necessary to enable the person to
enter the vehicle or to enable the domestic animal to be
removed from or to exit the vehicle;
(4) the person remained with the domestic animal until
a law enforcement officer, emergency medical service
provider, animal control officer, or other emergency
medical responder arrived at the scene;
(5) the person used no more force than he or she
reasonably believed necessary to enter the vehicle in order
to remove the domestic animal or allow the domestic animal
to exit the vehicle; and
(6) if the person left the scene before the owner or
operator of the vehicle returned to the scene, the person
placed a notice on the windshield of the vehicle that
included his or her name, telephone number, mailing
address, the reason he or she entered the vehicle, and the
location, if known, of the domestic animal when the person
left the scene.

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Section 10. The Criminal Code of 2012 is amended by adding
Section 12C-22 as follows:
(720 ILCS 5/12C-22 new)
Sec. 12C-22. Persons removing a child from a locked vehicle
exempt from criminal and civil liability.
(a) In this Section "vehicle" means a motor vehicle or any
other vehicle that is used to transport persons or cargo and
that is enclosed.
(b) A person is immune from criminal liability for criminal
damage to property under Section 21-1 of this Code and criminal
trespass to vehicles under Section 21-2 of this Code resulting
from his or her forcible entry into a locked vehicle and from
civil liability for property damage if:
(1) a child was present in the vehicle and the person
had a good faith belief that the child was in imminent
danger of suffering bodily harm unless the child was
removed from the vehicle or exited the vehicle;
(2) the person contacted a 9-1-1 emergency telephone
system operator or otherwise contacted law enforcement or
emergency medical services prior to forcibly entering the
vehicle;
(3) the person determined that the vehicle was locked
and forcible entry was necessary to enable the person to
enter the vehicle or enable the child to be removed from or

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exit the vehicle;
(4) the person remained with the child until a law
enforcement officer, emergency medical service provider,
or other emergency medical responder arrived at the scene;
(5) the person used no more force than he or she
reasonably believed necessary to enter the vehicle in order
to remove the child or allow the child to exit the vehicle;
and
(6) if the person left the scene before the owner or
operator of the vehicle returned to the scene, the person
placed a notice on the windshield of the vehicle that
included his or her name, telephone number, mailing
address, the reason he or she entered the vehicle, and the
location, if known, of the child when the person left the
scene.
Section 99. Effective date. This Act takes effect upon
becoming law.