HB5076 Engrossed

LRB095 19030 RCE 45207 b






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    AN ACT concerning animals.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Humane Care for Animals Act is amended  by 
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changing Section 16.3 and  by adding Section 16.5 as follows:
 



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    (510 ILCS 70/16.3)



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    Sec. 16.3. Civil actions. Any person who has a right of 
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ownership in an animal that is subjected
to an act of 
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aggravated cruelty under Section 3.02 or torture under Section

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3.03 in violation of this Act
or in an animal that is injured 
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or killed as a result of actions taken by a
person who acts in

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bad faith under subsection (b) of Section 3.06 or under Section 
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may bring a
civil action
to recover the damages 
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sustained by that owner.  Damages may include, but are
not 
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limited to, the monetary value of the animal, veterinary 
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expenses incurred
on behalf of the animal, any other expenses 
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incurred by the owner in rectifying
the effects of the cruelty, 
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pain, and suffering of the animal, and emotional
distress 
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suffered by the owner.  In addition to damages that may be 
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proven, the
owner is also entitled to punitive or exemplary 
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damages of not less than $500
but not  more than $25,000 for 
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each act of abuse or neglect to which the
animal was subjected.  
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In addition, the court must award reasonable
attorney's fees 
 


 






HB5076 Engrossed
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LRB095 19030 RCE 45207 b




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and costs actually incurred by the owner in the prosecution of

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any action under this Section.

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    The remedies provided in this Section are in
addition to 
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any other remedies allowed by law.

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    In an action under this
Section, the court may enter any 
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injunctive orders reasonably necessary to
protect animals from 
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any further acts of abuse, neglect, or harassment by a

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defendant.

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    The statute of limitations for a violation of this Act 
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cruelty to animals
is 2 years.

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(Source: P.A. 92-454, eff. 1-1-02.)

 
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    (510 ILCS 70/16.5  new)
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    Sec. 16.5. Emergency care to an animal; immunity from civil 
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liability. Any person, including without limitation any person 
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licensed under the Veterinary Medicine and Surgery Practice Act 
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of 2004 or licensed as a veterinarian in any other state or 
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territory of the United States, who in good faith provides 
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emergency care or treatment without fee to an injured animal or 
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an animal separated from its owner due to an emergency or a 
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disaster is not liable for civil damages as a result of his or 
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her acts or omissions in providing or arranging further care or 
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treatment, except for willful or wanton misconduct.
 

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