HB4191 EngrossedLRB100 16222 SLF 31345 b



1 AN ACT concerning animals.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Humane Care for Animals Act is amended by 
5adding Section 7.2 as follows:

6 (510 ILCS 70/7.2 new)
7 Sec. 7.2. Persons removing a dog or cat from a locked 
8vehicle exempt from civil liability.
9 (a) In this Section, "harm" means injury or death.
10 (b) Except as provided in subsection (d) of this Section, a 
11person is immune from civil liability for property damage to a 
12locked vehicle when the damage results from forcible entry of 
13the vehicle to remove a dog or cat from the vehicle if the 
14person:
15  (1) determines the vehicle is locked or there is 
16 otherwise no reasonable method for the dog or cat to exit 
17 the vehicle;
18  (2) has a good faith belief that forcible entry into 
19 the vehicle is necessary because the dog or cat is in 
20 imminent danger of suffering harm if not immediately 
21 removed from the vehicle, and based upon the circumstances 
22 known to the person at the time, the belief is a reasonable 
23 one;
 
 
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1  (3) has made a good faith effort to contact a 9-1-1 
2 emergency telephone system operator, law enforcement, or 
3 the fire department, and if contact is not possible prior 
4 to forcibly entering the vehicle, the person makes contact 
5 as soon as possible after forcibly entering the vehicle;
6  (4) makes a good a faith effort to place a notice on 
7 the vehicle's windshield with the person's contact 
8 information, the reason entry was made, the location of the 
9 dog or cat, and the fact that authorities have been 
10 notified;
11  (5) remains with the dog or cat in a safe location 
12 until law enforcement, emergency responders, or an animal 
13 control officer arrive and surrenders the dog or cat to the 
14 arriving law enforcement, emergency responders, or animal 
15 control officer; and
16  (6) uses no more force than necessary to enter the 
17 vehicle to remove the dog or cat.
18 (c) A person shall not be immune from civil liability for 
19any damage or deprivation of property resulting from the 
20forcible entry of a vehicle for the purpose of removing a dog 
21or cat from the vehicle if the person's actions constitute 
22recklessness or willful or wanton misconduct with regard to the 
23entry of the vehicle.

24 Section 10. The Criminal Code of 2012 is amended by 
25changing Sections 21-1 and 21-2 as follows:

 
 
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1 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)

2 Sec. 21-1. Criminal damage to property.

3 (a) A person commits criminal damage to property when he or 
4she:


5  (1) knowingly damages any property of another;


6  (2) recklessly by means of fire or explosive damages 
7 property of
another;


8  (3) knowingly starts a fire on the land of another;


9  (4) knowingly injures a domestic animal of another 
10 without his
or her consent;


11  (5) knowingly deposits on the land or in the building 
12 of another any stink bomb or any offensive smelling 
13 compound
and thereby intends to interfere with the use by 
14 another of the land or
building;


15  (6) knowingly damages any property, other than as 
16 described in paragraph (2) of subsection (a) of
Section 
17 20-1, with intent to defraud an insurer;


18  (7) knowingly shoots a firearm at any portion of a 
19 railroad train;
20  (8) knowingly, without proper authorization, cuts, 
21 injures, damages, defaces, destroys, or tampers with any 
22 fire hydrant or any public or private fire fighting 
23 equipment, or any apparatus appertaining to fire fighting 
24 equipment; or
25  (9) intentionally, without proper authorization, opens 
 
 
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1 any fire hydrant.


2 (b) When the charge of criminal damage to property 
3exceeding a specified
value is brought, the extent of the 
4damage is an element of the offense to
be resolved by the trier 
5of fact as either exceeding or not exceeding
the specified 
6value.


7 (c) It is an affirmative defense to a violation of 
8paragraph (1), (3), or (5) of subsection (a) of this Section 
9that the owner of the property or land damaged consented to the 
10damage.

11 (c-5) It is an affirmative defense to a violation of 
12paragraph (1) of subsection (a) of this Section when the damage 
13to a locked vehicle results from forcible entry to remove a dog 
14or cat from the vehicle if the person: 
15  (1) determines the vehicle is locked or there is 
16 otherwise no reasonable method for the dog or cat to exit 
17 the vehicle; 
18  (2) has a good faith belief that forcible entry into 
19 the vehicle is necessary because a dog or cat is in 
20 imminent danger of suffering harm if not immediately 
21 removed from the vehicle, and based upon the circumstances 
22 known to the person at the time, the belief is a reasonable 
23 one;
24  (3) has made a good faith effort to contact a 9-1-1 
25 emergency telephone system operator, law enforcement, or 
26 the fire department, and if contact is not possible prior 
 
 
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1 to forcibly entering the vehicle, the person makes contact 
2 as soon as possible after forcibly entering the vehicle;
3  (4) makes a good a faith effort to place a notice on 
4 the vehicle's windshield with the person's contact 
5 information, the reason entry was made, the location of the 
6 dog or cat, and the fact that authorities have been 
7 notified;
8  (5) remains with the dog or cat in a safe location 
9 until law enforcement or emergency responders arrive; and
10  (6) uses no more force than necessary to enter the 
11 vehicle to remove the dog or cat.
12 (d) Sentence.
13  (1) A violation of subsection (a) shall have the 
14 following penalties: 
15   (A) A violation of paragraph (8) or (9) is a Class 
16 B misdemeanor.
17   (B) A violation of paragraph (1), (2), (3), (5), or 
18 (6) is a Class
A misdemeanor when the damage to 
19 property does not exceed $500.
20   (C) A violation of paragraph (1), (2), (3), (5), or 
21 (6) is a Class 4
felony when the damage to
property 
22 does not exceed $500 and the damage occurs to property 
23 of a school
or
place of worship or to farm equipment or 
24 immovable items of agricultural
production, including

25 but not
limited to grain elevators, grain bins, and 
26 barns or property which memorializes or honors an 
 
 
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1 individual or group of police officers, fire fighters, 
2 members of the United States Armed Forces, National 
3 Guard, or veterans.
4   (D) A violation of paragraph (4) is a Class 4

5 felony when the
damage to property does not exceed 
6 $10,000.
7   (E) A violation of paragraph (7) is a Class 4 
8 felony.
9   (F) A violation of paragraph (1), (2), (3), (5) or 
10 (6) is a Class 4 felony when the damage to property

11 exceeds $500 but does not exceed $10,000.
12   (G) A violation of paragraphs (1) through (6) is a 
13 Class 3 felony when the damage to property exceeds $500 
14 but
does not exceed $10,000 and the damage occurs to 
15 property of a school
or place
of worship or to farm 
16 equipment or immovable items of agricultural

17 production,
including
but not
limited to grain 
18 elevators, grain bins, and barns or property which 
19 memorializes or honors an individual or group of police 
20 officers, fire fighters, members of the United States 
21 Armed Forces, National Guard, or veterans.
22   (H) A violation of paragraphs (1) through (6) is a 
23 Class 3 felony when the damage to property
exceeds 
24 $10,000 but does not exceed $100,000.
25   (I) A violation of paragraphs (1) through (6) is a 
26 Class 2 felony when the damage to property exceeds 
 
 
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1 $10,000
but does not exceed $100,000 and the damage 
2 occurs to property of a school
or
place of worship or 
3 to farm equipment or immovable items
of agricultural 
4 production, including
but not
limited to grain 
5 elevators, grain bins, and barns or property which 
6 memorializes or honors an individual or group of police 
7 officers, fire fighters, members of the United States 
8 Armed Forces, National Guard, or veterans.
9   (J) A violation of paragraphs (1) through (6) is a 
10 Class 2 felony when the damage to property exceeds

11 $100,000. A violation of paragraphs (1) through (6) is 
12 a Class 1 felony when the damage to property exceeds 
13 $100,000 and the damage occurs to property of
a school 
14 or place of worship or to farm equipment or immovable 
15 items
of agricultural production, including
but not

16 limited to grain elevators, grain bins, and barns or 
17 property which memorializes or honors an individual or 
18 group of police officers, fire fighters, members of the 
19 United States Armed Forces, National Guard, or 
20 veterans.
21  (2) When the damage to property exceeds $10,000,
the

22 court shall impose
upon the offender a fine equal to the 
23 value of the damages to the property.


24  (3) In addition to any other sentence that may be 
25 imposed, a court shall
order any person convicted of 
26 criminal damage to property to perform community
service 
 
 
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1 for not less than 30 and not more than 120 hours, if 
2 community service
is available in the jurisdiction
and is 
3 funded and approved by the county board of the county where 
4 the
offense was committed.
In addition, whenever any person 
5 is placed
on supervision for an alleged offense under this 
6 Section, the supervision shall
be conditioned upon the 
7 performance of the community service.


8  The community service requirement does not apply when 
9 the court imposes a sentence of
incarceration.


10  (4) In addition to any criminal penalties imposed for a 
11 violation of this Section, if a person is convicted of or 
12 placed on supervision for knowingly damaging or destroying 
13 crops of another, including crops intended for personal, 
14 commercial, research, or developmental purposes, the 
15 person is liable in a civil action to the owner of any 
16 crops damaged or destroyed for money damages up to twice 
17 the market value of the crops damaged or destroyed. 
18  (5) For the purposes of this subsection (d), "farm 
19 equipment" means machinery
or
other equipment used in 
20 farming. 
21(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)





22 (720 ILCS 5/21-2) (from Ch. 38, par. 21-2)



23 Sec. 21-2. Criminal trespass to vehicles.  
24 (a) A person commits criminal trespass to vehicles when he 
25or she knowingly and without authority enters any part of or 
 
 
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1operates
any vehicle, aircraft,
watercraft, or snowmobile.

2 (a-5) It is an affirmative defense to a violation of this 
3Section when entry to a locked vehicle is for removal of a dog 
4or cat from the vehicle if the person: 
5  (1) determines the vehicle is locked or there is 
6 otherwise no reasonable method for the dog or cat to exit 
7 the vehicle; 
8  (2) has a good faith belief that forcible entry into 
9 the vehicle is necessary because a dog or cat is in 
10 imminent danger of suffering harm if not immediately 
11 removed from the vehicle, and based upon the circumstances 
12 known to the person at the time, the belief is a reasonable 
13 one;
14  (3) has made a good faith effort to contact a 9-1-1 
15 emergency telephone system operator, law enforcement, or 
16 the fire department, and if contact is not possible prior 
17 to forcibly entering the vehicle, the person makes contact 
18 as soon as possible after forcibly entering the vehicle;
19  (4) makes a good a faith effort to place a notice on 
20 the vehicle's windshield with the person's contact 
21 information, the reason entry was made, the location of the 
22 dog or cat, and the fact that authorities have been 
23 notified;
24  (5) remains with the dog or cat in a safe location 
25 until law enforcement or emergency responders arrive; and
26  (6) uses no more force than necessary to enter the 
 
 
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1 vehicle to remove the dog or cat.
2 (b) Sentence. Criminal trespass to vehicles is a Class A 
3misdemeanor. 
4(Source: P.A. 97-1108, eff. 1-1-13.)



5 Section 99. Effective date. This Act takes effect upon 
6becoming law.