Bill Text: IL SB0206 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Animal Control Act. Provides that "dangerous dog" and "vicious dog" include dogs that attack companion animals. Requires the owner of a dog that has been deemed dangerous or vicious to place a sign by the owner's front door with a notice that a dangerous or vicious dog is kept or maintained at the residence and maintain a liability insurance policy insuring against liability involving a dog-related incident for injury to a person or injury to or destruction of property. Requires the Department of Agriculture to establish and maintain the Illinois Dangerous Dog Registry. Provides that the Registry shall include registration information on a statewide basis. Specifies the information that the Registry shall include about each dangerous or vicious dog. Provides that the address of the owner, the name and breed of the dog, and the acts that resulted in the dog being deemed vicious or dangerous shall be made available to the public on the Department's website. Requires the Department to make the public information searchable via a mapping system that identifies all locations where vicious or dangerous dogs are kept or maintained within 5 miles of an identified address. Requires the Department to set fees for the annual registration of dangerous and vicious dogs. Creates the Dangerous Dog Registry Fund, and provides that any funds collected shall be deposited into the Fund and used by the Department to maintain the Registry and the searchable mapping system on the Department's website. Makes a corresponding change in the State Finance Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-31 - Referred to Assignments [SB0206 Detail]

Download: Illinois-2023-SB0206-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0206 Introduced 1/31/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.990 new
510 ILCS 5/2.05a
510 ILCS 5/2.19-1 new
510 ILCS 5/2.19b
510 ILCS 5/15 from Ch. 8, par. 365
510 ILCS 5/15.1
510 ILCS 5/15.6 new
Amends the Animal Control Act. Provides that "dangerous dog" and "vicious dog" include dogs that attack companion animals. Requires the owner of a dog that has been deemed dangerous or vicious to place a sign by the owner's front door with a notice that a dangerous or vicious dog is kept or maintained at the residence and maintain a liability insurance policy insuring against liability involving a dog-related incident for injury to a person or injury to or destruction of property. Requires the Department of Agriculture to establish and maintain the Illinois Dangerous Dog Registry. Provides that the Registry shall include registration information on a statewide basis. Specifies the information that the Registry shall include about each dangerous or vicious dog. Provides that the address of the owner, the name and breed of the dog, and the acts that resulted in the dog being deemed vicious or dangerous shall be made available to the public on the Department's website. Requires the Department to make the public information searchable via a mapping system that identifies all locations where vicious or dangerous dogs are kept or maintained within 5 miles of an identified address. Requires the Department to set fees for the annual registration of dangerous and vicious dogs. Creates the Dangerous Dog Registry Fund, and provides that any funds collected shall be deposited into the Fund and used by the Department to maintain the Registry and the searchable mapping system on the Department's website. Makes a corresponding change in the State Finance Act.
LRB103 25107 RJT 51442 b
A BILL FOR
SB0206 LRB103 25107 RJT 51442 b
AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Dangerous Dog Registry Fund.
Section 10. The Animal Control Act is amended by changing
Sections 2.05a, 2.19b, 15, and 15.1 and adding Sections 2.19-1
and 15.6 as follows:
(510 ILCS 5/2.05a)
Sec. 2.05a. "Dangerous dog" means (i) any individual dog
anywhere other than upon the property of the owner or
custodian of the dog and unmuzzled, unleashed, or unattended
by its owner or custodian that behaves in a manner that a
reasonable person would believe poses a serious and
unjustified imminent threat of serious physical injury or
death to a person or a companion animal or (ii) a dog that,
without justification, (A) bites a person and does not cause
serious physical injury or (B) bites a companion animal and
causes physical injury, other than serious physical injury.

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(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
(510 ILCS 5/2.19-1 new)
Sec. 2.19-1. Registry. "Registry" means the Illinois
Dangerous Dog Registry.
(510 ILCS 5/2.19b)
Sec. 2.19b. "Vicious dog" means (i) a dog that, without
justification, (A) attacks a person and causes serious
physical injury or death or (B) attacks a companion animal and
causes serious physical injury or death or (ii) any individual
dog that has been found to be a "dangerous dog" upon 2 3
separate occasions.
(Source: P.A. 93-548, eff. 8-19-03.)
(510 ILCS 5/15) (from Ch. 8, par. 365)
Sec. 15. (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. The
Administrator, State's Attorney, Director or any citizen of

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the county in which the dog exists 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. Testimony of a
certified 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

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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.
If a dog is found to be a vicious dog, the owner shall pay
a $100 public safety fine to be deposited into the county
animal control fund, and the dog shall be spayed or neutered
within 10 days of the finding at the expense of its owner and
microchipped, if not already. The , and the dog shall be kept
in a full is subject to enclosure and the owner shall place a
sign by the owner's front door with a notice that a vicious dog
is kept or maintained at the residence. 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.
(a-5) The owner of a dog deemed to be vicious shall

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maintain a liability insurance policy insuring against
liability involving a dog-related incident for injury to a
person or injury to or destruction of property. No insurer
other than an insurer authorized to do business in this State
shall issue a policy pursuant to this subsection. Nothing in
this subsection shall deprive an insurer of any policy defense
available under common law.
(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
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.

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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
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

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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.
(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
100-787, eff. 8-10-18.)
(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

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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 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.
(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

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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 county
animal control fund, (ii) the dog to be spayed or neutered
within 14 days at the owner's expense and microchipped, if not
already, (iii) the dog's owner to place a sign by the owner's
front door with a notice that a dangerous dog is kept or
maintained at the residence, and (iv) (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.
(d-5) The owner of a dog deemed to be dangerous shall

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maintain a liability insurance policy insuring against
liability involving a dog-related incident for injury to a
person or injury to or destruction of property. No insurer
other than an insurer authorized to do business in this State
shall issue a policy pursuant to this subsection. Nothing in
this subsection shall deprive an insurer of any policy defense
available under common law.
(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 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.

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(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; 100-787, eff. 8-10-18.)
(510 ILCS 5/15.6 new)
Sec. 15.6. Illinois Dangerous Dog Registry.
(a) The Department shall establish and maintain the
Illinois Dangerous Dog Registry. The Registry shall include
registration information provided by the owner of a dog deemed
to be vicious under Section 15 or dangerous under Section 15.1
on a statewide basis.
(b) The Registry shall include the following information
about each dog deemed to be vicious under Section 15 or
dangerous under Section 15.1:
(1) name;
(2) sex;
(3) whether spayed or neutered;
(4) age;
(5) weight;
(6) primary breed;
(7) secondary breed;
(8) color and markings;
(9) the acts that resulted in the dog being deemed
vicious or dangerous;
(10) microchip or tattoo number;

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(11) address where the dog is kept or maintained;
(12) name, address, and telephone number of the dog's
owner; and
(13) a statement whether the owner has complied with
the provisions of the vicious or dangerous dog order.
If a vicious or dangerous dog is moved to a different
location or the owner's contact information changes, the owner
shall submit a renewal containing the new location and any
other updated information to the Department within 10 days of
the change. There shall be no charge to the owner for providing
updated information between renewals.
(c) The address of the owner, the name and breed of the
vicious or dangerous dog, and the acts that resulted in the dog
being deemed vicious or dangerous shall be available to the
public on the Department's website. The Department shall make
the public information searchable via a mapping system that
identifies all locations where vicious or dangerous dogs are
kept or maintained within 5 miles of an identified address.
(d) Each owner of a dog deemed to be vicious under Section
15 or dangerous under Section 15.1 shall initially register
the dog with the Department and pay any fee required for
initial registration. The owner shall renew the registration
annually with the Department and pay any fee required for a
renewal. The Department shall adopt fee amounts for the
initial and renewal registration of a dog deemed to be vicious
or dangerous. Any funds collected pursuant to this subsection

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shall be deposited into the Dangerous Dog Registry Fund, a
special fund that is created in the State treasury. Money in
the Dangerous Dog Registry Fund shall be used by the
Department to maintain the Registry and the searchable mapping
system on the Department's website.