Rep. David S. Olsen
Filed: 3/2/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 4191




2 AMENDMENT NO. ______. Amend House Bill 4191 by replacing 
3everything after the enacting clause with the following:


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 
 
 
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1 the vehicle;
2  (2) has a good faith belief that forcible entry into 
3 the vehicle is necessary because the dog or cat is in 
4 imminent danger of suffering harm if not immediately 
5 removed from the vehicle, and based upon the circumstances 
6 known to the person at the time, the belief is a reasonable 
7 one;
8  (3) has made a good faith effort to contact a 9-1-1 
9 emergency telephone system operator, law enforcement, or 
10 the fire department, and if contact is not possible prior 
11 to forcibly entering the vehicle, the person makes contact 
12 as soon as possible after forcibly entering the vehicle;
13  (4) makes a good a faith effort to place a notice on 
14 the vehicle's windshield with the person's contact 
15 information, the reason entry was made, the location of the 
16 dog or cat, and the fact that authorities have been 
17 notified;
18  (5) remains with the dog or cat in a safe location 
19 until law enforcement or emergency responders arrive; and
20  (6) uses no more force than necessary to enter the 
21 vehicle to remove the dog or cat.
22 (c) A person shall not be immune from civil liability for 
23any damage or deprivation of property resulting from the 
24forcible entry of a vehicle for the purpose of removing a dog 
25or cat from the vehicle if the person's actions constitute 
26recklessness or willful or wanton misconduct with regard to the 
 
 
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1entry of the vehicle.

2 Section 10. The Criminal Code of 2012 is amended by 
3changing Sections 21-1 and 21-2 as follows:

4 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)

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

6 (a) A person commits criminal damage to property when he or 
7she:


8  (1) knowingly damages any property of another;


9  (2) recklessly by means of fire or explosive damages 
10 property of
another;


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


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


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


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


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


6 (b) When the charge of criminal damage to property 
7exceeding a specified
value is brought, the extent of the 
8damage is an element of the offense to
be resolved by the trier 
9of fact as either exceeding or not exceeding
the specified 
10value.


11 (c) It is an affirmative defense to a violation of 
12paragraph (1), (3), or (5) of subsection (a) of this Section 
13that the owner of the property or land damaged consented to the 
14damage.

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

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

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

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

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

15 $100,000. A violation of paragraphs (1) through (6) is 
16 a Class 1 felony when the damage to property exceeds 
17 $100,000 and the damage occurs to property of
a school 
18 or place of worship or to farm equipment or immovable 
19 items
of agricultural production, including
but not

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

26 court shall impose
upon the offender a fine equal to the 
 
 
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1 value of the damages to the property.


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


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


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





 
 
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1 (720 ILCS 5/21-2) (from Ch. 38, par. 21-2)



2 Sec. 21-2. Criminal trespass to vehicles.  
3 (a) A person commits criminal trespass to vehicles when he 
4or she knowingly and without authority enters any part of or 
5operates
any vehicle, aircraft,
watercraft, or snowmobile.

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



9 Section 99. Effective date. This Act takes effect upon 
10becoming law.".