Bill Text: IL SB2601 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Humane Care for Animals Act. Provides that any act of commission or omission by an approved humane investigator shall not impose civil liability upon the approved humane investigator when conducting an inspection or otherwise enforcing the provisions under this Act, unless the commission or omission is a result of willful or wanton misconduct. Provides that this immunity does not extend to the operation of a motor vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2601 Detail]

Download: Illinois-2017-SB2601-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2601 Introduced 2/7/2018, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
510 ILCS 70/10 from Ch. 8, par. 710
Amends the Humane Care for Animals Act. Provides that any act of commission or omission by an approved humane investigator shall not impose civil liability upon the approved humane investigator when conducting an inspection or otherwise enforcing the provisions under this Act, unless the commission or omission is a result of willful or wanton misconduct. Provides that this immunity does not extend to the operation of a motor vehicle.
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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 Humane Care for Animals Act is amended by
changing Section 10 as follows:
(510 ILCS 70/10) (from Ch. 8, par. 710)
Sec. 10. Investigation of complaints.
(a) Upon receiving a complaint of a suspected violation of
this Act, a Department investigator, any law enforcement
official, or an approved humane investigator may, for the
purpose of investigating the allegations of the complaint,
enter during normal business hours upon any premises where the
animal or animals described in the complaint are housed or
kept, provided such entry shall not be made into any building
which is a person's residence, except by search warrant or
court order. Institutions operating under federal license to
conduct laboratory experimentation utilizing animals for
research or medical purposes are, however, exempt from the
provisions of this Section. State's Attorneys and law
enforcement officials shall provide such assistance as may be
required in the conduct of such investigations. Any such
investigation requiring legal procedures shall be immediately
reported to the Department. No employee or representative of

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the Department shall enter a livestock management facility
unless sanitized footwear is used, or unless the owner or
operator of the facility waives this requirement. The employee
or representative must also use any other reasonable disease
prevention procedures or equipment provided by the owner or
operator of the facility. The animal control administrator and
animal control wardens appointed under the Animal Control Act
shall be authorized to make investigations complying with this
Section for alleged violations of Sections 3, 3.01, 3.02, and
3.03 pertaining to companion animals. The animals impounded
shall remain under the jurisdiction of the animal control
administrator and be held in an animal shelter licensed under
the Animal Welfare Act.
(b) Any veterinarian acting in good faith is immune from
any civil or criminal liability resulting from his or her
actions under this Section. The good faith on the part of the
veterinarian is presumed.
(c) Any act of commission or omission by an approved humane
investigator shall not impose civil liability upon the approved
humane investigator when conducting an inspection or otherwise
enforcing the provisions under this Act, unless the commission
or omission is a result of willful or wanton misconduct. The
immunity provided under this subsection (c) does not extend to
the operation of a motor vehicle.
(Source: P.A. 92-454, eff. 1-1-02.)