HB3731ham001 100TH GENERAL ASSEMBLY

Rep. Martin J. Moylan

Filed: 3/15/2017

10000HB3731ham001 LRB100 05948 SLF 22867 a

AMENDMENT TO HOUSE BILL 3731

AMENDMENT NO. ______. Amend House Bill 3731 by replacing everything after the enacting clause with the following:

"Section 1. This Act may be referred to as Draco's Law.

Section 5. The Humane Care for Animals Act is amended by changing Section 4.04 and 7.15 as follows:

(510 ILCS 70/4.04) (from Ch. 8, par. 704.04)

Sec. 4.04. Injuring or killing police animals, service animals, accelerant detection dogs, or search and rescue dogs prohibited.

(a) It shall be unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison, or kill (i) any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when placed in confinement off duty, (ii) any service animal, (iii) any search and rescue dog, (iv) any law enforcement, service, or search and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the animal undue suffering and pain.

A person convicted of violating this subsection Section is guilty of a Class 3 4 felony if the animal is not killed or totally disabled; if the animal is killed or totally disabled, the person is guilty of a Class 2 3 felony.

(b) A person who kills or severely injures (i) any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency when placed off duty, (ii) any service animal, (iii) any search and rescue dog, (iv) any law enforcement, service, or search and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty, while he or she is in the commission of a felony, is guilty of a Class 2 felony.

(c) If the offender is found to be guilty under this Section, the offender shall be responsible for any veterinarian bills for an animal that was injured, and training costs for another animal, if the animal injured or killed is no longer able to be in service.

(d) A person is not in violation of this Section if the animal used by a law enforcement department or agency was used against the person in violation of the law enforcement department or agency's use of force continuum or policy.

(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07; 96-1171, eff. 7-22-10.)

(510 ILCS 70/7.15)

Sec. 7.15. Guide, hearing, and support dogs.

(a) A person may not willfully and maliciously annoy, taunt, tease, harass, torment, beat, or strike a guide, hearing, or support dog or otherwise engage in any conduct directed toward a guide, hearing, or support dog that is likely to impede or interfere with the dog's performance of its duties or that places the blind, hearing impaired, or person with a physical disability being served or assisted by the dog in danger of injury.

(b) A person may not willfully and maliciously torture, injure, or kill a guide, hearing, or support dog.

(c) A person may not willfully and maliciously permit a dog that is owned, harbored, or controlled by the person to cause injury to or the death of a guide, hearing, or support dog while the guide, hearing, or support dog is in discharge of its duties.

(c-5) A person may not recklessly permit a dog that is owned, harbored, or controlled by the person and off its owner's property or at large to cause injury to or the death of a guide, hearing, or support dog.

(d) A person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. A person convicted of violating subsection (b) or (c) of this Section is guilty of a Class 4 felony if the dog is killed or totally disabled, and may be ordered by the court to make restitution to the person with a disability having custody or ownership of the dog for veterinary bills and replacement costs of the dog. A person convicted of violating subsection (c-5) of this Section is guilty of a petty offense if the dog is not killed or totally disabled. A person convicted of violating subsection (c-5) of this Section is guilty of a Class C misdemeanor if the dog is killed or totally disabled, and may be ordered by the court to make restitution to the person with a disability having custody or ownership of the dog for veterinary bills and replacement costs of the dog. A person convicted of a second or subsequent violation of subsection (c-5) of this Section is guilty of a Class 4 felony if the dog is killed or totally disabled, and may be ordered by the court to make restitution to the person with a disability having custody or ownership of the dog for veterinary bill and replacement costs of the dog. The remedies provided in this Section are in addition to any other remedies provided by law.

(Source: P.A. 99-143, eff. 7-27-15.)".