Illinois 100th Regular Session Status: Passed House

HB 4191 — IMMUNITY-DOG & CAT-LOCKED CAR

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 100th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Humane Care for Animals Act. Provides that a person is immune from criminal liability for criminal damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a vehicle and from civil liability for property damage if the person: determines the vehicle is locked or there is otherwise no reasonable method for the dog or cat to exit the vehicle; has a good faith belief that forcible entry into the vehicle is necessary because the dog or cat is in imminent danger of suffering harm if not immediately removed from the vehicle, and based upon the circumstances known to the person at the time, the belief is a reasonable one; has made a good faith effort to contact a 9-1-1 emergency telephone system operator, law enforcement, or the fire department, and if contact is not possible prior to forcibly entering the vehicle, the person makes contact as soon as possible after forcibly entering the vehicle; makes a good a faith effort to place a notice on the vehicle's windshield with the person's contact information, the reason entry was made, the location of the dog or cat, and the fact that authorities have been notified; remains with the dog or cat in a safe location until law enforcement or emergency responders arrive; and uses no more force than necessary to enter the vehicle to remove the dog or cat. Effective immediately.

Bill Text

What changed in the latest version

235 added · 75 removed

Plain-language change summary

The amended version of Bill HB 4191 clarifies that a person can break into a locked vehicle to rescue a dog or cat without facing civil liability for any damage caused, but they must follow specific steps first. Key conditions include verifying that the vehicle is locked, believing that the animal is in immediate danger, and making a reasonable attempt to notify emergency services and leave a note on the vehicle after the entry. This change is significant because it encourages individuals to act in situations where animals might be in peril, while also ensuring they take responsible actions before resorting to damage.

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*LRB10016222SLF31345b* HB4191 100TH GENERAL ASSEMBLY State of Illinois and 2018 HB4191 by Rep.
HB4191 Engrossed LRB100 16222 SLF 31345 b AN ACT concerning animals.
David S.
Olsen SYNOPSIS AS INTRODUCED:
ILCS 70/7.2 new Amends the Humane Care for Animals Act.
Provides that a person is immune from criminal liability for criminal damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a vehicle and from civil liability for property damage if the person:
determines the vehicle is locked or there is otherwise no reasonable method for the dog or cat to exit the vehicle;
has a good faith belief that forcible entry into the vehicle is necessary because the dog or cat is in imminent danger of suffering harm if not immediately removed from the vehicle, and based upon the circumstances known to the person at the time, 9-1-1 emergency telephone system operator, law enforcement, or the fire a department, and if contact is not possible prior to forcibly entering the vehicle, the person makes contact as soon as possible after forcibly entering the vehicle;
makes a good a faith effort to place a notice on the vehicle's windshield with the person's contact information, the reason entry was made, the location of the dog or cat, and the fact that authorities have been notified;
remains with the dog or cat in a safe location until law enforcement or emergency responders arrive;
and uses no more force than necessary to enter the vehicle to remove the dog or cat.
Effective immediately.
LRB100 16222 SLF 31345 b A BILL FOR HB4191 LRB100 16222 SLF 31345 b AN ACT concerning animals.
Persons removing a dog or cat from a locked vehicle exempt from criminal and civil liability.
Persons removing a dog or cat from a locked vehicle exempt from civil liability.
(b) Except as provided in subsection (d) of this Section, a person is immune from criminal liability for criminal damage to property under Section 21-1 of the Criminal Code of 2012 and criminal trespass to vehicles under Section 21-2 of the Criminal Code of 2012 resulting from his or her forcible entry into a vehicle and from civil liability for property damage if the person:
(b) Except as provided in subsection (d) of this Section, a person is immune from civil liability for property damage to a locked vehicle when the damage results from forcible entry of the vehicle to remove a dog or cat from the vehicle if the person:
(2) has a good faith belief that forcible entry into the vehicle is necessary because the dog or cat is in imminent danger of suffering harm if not immediately removed from the vehicle, and based upon the circumstances HB4191 - 2 - LRB100 16222 SLF 31345 b known to the person at the time, the belief is a reasonable one;
(2) has a good faith belief that forcible entry into the vehicle is necessary because the dog or cat is in imminent danger of suffering harm if not immediately removed from the vehicle, and based upon the circumstances known to the person at the time, the belief is a reasonable one;
(3) has made a good faith effort to contact a 9-1-1 emergency telephone system operator, law enforcement, or the fire department, and if contact is not possible prior to forcibly entering the vehicle, the person makes contact as soon as possible after forcibly entering the vehicle;
HB4191 Engrossed - 2 - LRB100 16222 SLF 31345 b (3) has made a good faith effort to contact a 9-1-1 emergency telephone system operator, law enforcement, or the fire department, and if contact is not possible prior to forcibly entering the vehicle, the person makes contact as soon as possible after forcibly entering the vehicle;
(5) remains with the dog or cat in a safe location until law enforcement, emergency responders, or an animal control officer arrive and surrenders the dog or cat to the arriving law enforcement, emergency responders, or animal control officer;
and (6) uses no more force than necessary to enter the vehicle to remove the dog or cat.
(c) A person shall not be immune from civil liability for any damage or deprivation of property resulting from the forcible entry of a vehicle for the purpose of removing a dog or cat from the vehicle if the person's actions constitute recklessness or willful or wanton misconduct with regard to the entry of the vehicle.
Section 10.
The Criminal Code of 2012 is amended by changing Sections 21-1 and 21-2 as follows:
HB4191 Engrossed - 3 - LRB100 16222 SLF 31345 b (720 ILCS 5/21-1) (from Ch.
38, par.
21-1) Sec.
21-1.
Criminal damage to property.
(a) A person commits criminal damage to property when he or she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages property of another;
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another without his or her consent;
(5) knowingly deposits on the land or in the building of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
(6) knowingly damages any property, other than as described in paragraph (2) of subsection (a) of Section 20-1, with intent to defraud an insurer;
(7) knowingly shoots a firearm at any portion of a railroad train;
(8) knowingly, without proper authorization, cuts, injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment;
or (9) intentionally, without proper authorization, opens HB4191 Engrossed - 4 - LRB100 16222 SLF 31345 b any fire hydrant.
(b) When the charge of criminal damage to property exceeding a specified value is brought, the extent of the damage is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.
(c) It is an affirmative defense to a violation of paragraph (1), (3), or (5) of subsection (a) of this Section that the owner of the property or land damaged consented to the damage.
(c-5) It is an affirmative defense to a violation of paragraph (1) of subsection (a) of this Section when the damage to a locked vehicle results from forcible entry to remove a dog or cat from the vehicle if the person:
(1) determines the vehicle is locked or there is otherwise no reasonable method for the dog or cat to exit the vehicle;
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(2) has a good faith belief that forcible entry into the vehicle is necessary because a dog or cat is in imminent danger of suffering harm if not immediately removed from the vehicle, and based upon the circumstances known to the person at the time, the belief is a reasonable one;
(3) has made a good faith effort to contact a 9-1-1 emergency telephone system operator, law enforcement, or the fire department, and if contact is not possible prior HB4191 Engrossed - 5 - LRB100 16222 SLF 31345 b to forcibly entering the vehicle, the person makes contact as soon as possible after forcibly entering the vehicle;
(4) makes a good a faith effort to place a notice on the vehicle's windshield with the person's contact information, the reason entry was made, the location of the dog or cat, and the fact that authorities have been notified;
(c) Nothing in this Section shall effect the person's criminal or civil liability if the person attempts to render aid to the dog or cat in addition to what is authorized under this Section.
(d) Sentence.
(d) A person shall not be immune from criminal or civil liability for any damage resulting from the forcible entry of a vehicle for the purpose of removing a dog or cat from the vehicle if the person's actions constitute recklessness or willful or wanton misconduct with regard to the entry of the vehicle.
(1) A violation of subsection (a) shall have the following penalties:
HB4191 - 3 - LRB100 16222 SLF 31345 b Section 99.
(A) A violation of paragraph (8) or (9) is a Class B misdemeanor.
(B) A violation of paragraph (1), (2), (3), (5), or (6) is a Class A misdemeanor when the damage to property does not exceed $500.
(C) A violation of paragraph (1), (2), (3), (5), or (6) is a Class 4 felony when the damage to property does not exceed $500 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an HB4191 Engrossed - 6 - LRB100 16222 SLF 31345 b individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
(D) A violation of paragraph (4) is a Class 4 felony when the damage to property does not exceed $10,000.
(E) A violation of paragraph (7) is a Class 4 felony.
(F) A violation of paragraph (1), (2), (3), (5) or (6) is a Class 4 felony when the damage to property exceeds $500 but does not exceed $10,000.
(G) A violation of paragraphs (1) through (6) is a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
(H) A violation of paragraphs (1) through (6) is a Class 3 felony when the damage to property exceeds $10,000 but does not exceed $100,000.
(I) A violation of paragraphs (1) through (6) is a Class 2 felony when the damage to property exceeds HB4191 Engrossed - 7 - LRB100 16222 SLF 31345 b $10,000 but does not exceed $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
(J) A violation of paragraphs (1) through (6) is a Class 2 felony when the damage to property exceeds $100,000.
A violation of paragraphs (1) through (6) is a Class 1 felony when the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.
(2) When the damage to property exceeds $10,000, the court shall impose upon the offender a fine equal to the value of the damages to the property.
(3) In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal damage to property to perform community service HB4191 Engrossed - 8 - LRB100 16222 SLF 31345 b for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed.
In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
The community service requirement does not apply when the court imposes a sentence of incarceration.
(4) In addition to any criminal penalties imposed for a violation of this Section, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed.
(5) For the purposes of this subsection (d), "farm equipment" means machinery or other equipment used in farming.
(Source:
P.A.
98-315, eff.
1-1-14;
99-631, eff.
1-1-17.) (720 ILCS 5/21-2) (from Ch.
38, par.
21-2) Sec.
21-2.
Criminal trespass to vehicles.
(a) A person commits criminal trespass to vehicles when he or she knowingly and without authority enters any part of or HB4191 Engrossed - 9 - LRB100 16222 SLF 31345 b operates any vehicle, aircraft, watercraft, or snowmobile.
(a-5) It is an affirmative defense to a violation of this Section when entry to a locked vehicle is for removal of a dog or cat from the vehicle if the person:
(1) determines the vehicle is locked or there is otherwise no reasonable method for the dog or cat to exit the vehicle;
(2) has a good faith belief that forcible entry into the vehicle is necessary because a dog or cat is in imminent danger of suffering harm if not immediately removed from the vehicle, and based upon the circumstances known to the person at the time, the belief is a reasonable one;
(3) has made a good faith effort to contact a 9-1-1 emergency telephone system operator, law enforcement, or the fire department, and if contact is not possible prior to forcibly entering the vehicle, the person makes contact as soon as possible after forcibly entering the vehicle;
(4) makes a good a faith effort to place a notice on the vehicle's windshield with the person's contact information, the reason entry was made, the location of the dog or cat, and the fact that authorities have been notified;
(5) remains with the dog or cat in a safe location until law enforcement or emergency responders arrive;
and (6) uses no more force than necessary to enter the HB4191 Engrossed - 10 - LRB100 16222 SLF 31345 b vehicle to remove the dog or cat.
(b) Sentence.
Criminal trespass to vehicles is a Class A misdemeanor.
(Source:
P.A.
97-1108, eff.
1-1-13.) Section 99.
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Action History

  1. Session Sine Die

  2. Alternate Chief Sponsor Changed to Sen. William E. Brady

  3. Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  4. Rule 3-9(a) / Re-referred to Assignments

  5. Rule 2-10 Third Reading Deadline Established As May 31, 2018

  6. Senate Floor Amendment No. 2 Postponed - Criminal Law

  7. Senate Floor Amendment No. 2 Assignments Refers to Criminal Law

  8. Senate Floor Amendment No. 2 Referred to Assignments

  9. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Michael Connelly

  10. Added as Alternate Chief Co-Sponsor Sen. John F. Curran

  11. Placed on Calendar Order of 2nd Reading May 10, 2018

  12. Do Pass as Amended Criminal Law; 009-001-001

  13. Senate Committee Amendment No. 1 Adopted

  14. Senate Committee Amendment No. 1 Assignments Refers to Criminal Law

  15. Senate Committee Amendment No. 1 Referred to Assignments

  16. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Michael Connelly

  17. Added as Alternate Co-Sponsor Sen. Tim Bivins

  18. Added as Alternate Chief Co-Sponsor Sen. Cristina Castro

  19. Assigned to Criminal Law

  20. Added as Alternate Chief Co-Sponsor Sen. Linda Holmes

  21. Added as Alternate Chief Co-Sponsor Sen. Julie A. Morrison

  22. Referred to Assignments

  23. First Reading

  24. Chief Senate Sponsor Sen. Michael Connelly

  25. Placed on Calendar Order of First Reading

  26. Arrive in Senate

  27. Third Reading - Short Debate - Passed 078-027-001

  28. Placed on Calendar Order of 3rd Reading - Short Debate

  29. House Floor Amendment No. 3 Adopted

  30. Added Co-Sponsor Rep. Anna Moeller

  31. Added Co-Sponsor Rep. Jonathan Carroll

  32. Held on Calendar Order of Second Reading - Short Debate

  33. Second Reading - Short Debate

  34. House Floor Amendment No. 3 Recommends Be Adopted Judiciary - Civil Committee; 006-000-001

  35. House Floor Amendment No. 3 Rules Refers to Judiciary - Civil Committee

  36. House Floor Amendment No. 3 Referred to Rules Committee

  37. House Floor Amendment No. 3 Filed with Clerk by Rep. David S. Olsen

  38. Added Co-Sponsor Rep. Rita Mayfield

  39. Added Co-Sponsor Rep. Frances Ann Hurley

  40. Added Co-Sponsor Rep. Natalie A. Manley

  41. Added Co-Sponsor Rep. Deb Conroy

  42. Added Co-Sponsor Rep. Sam Yingling

  43. Added Chief Co-Sponsor Rep. Allen Skillicorn

  44. Placed on Calendar 2nd Reading - Short Debate

  45. House Committee Amendment No. 1 Tabled Pursuant to Rule 40

  46. Do Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000

  47. House Committee Amendment No. 2 Adopted in Judiciary - Civil Committee; by Voice Vote

  48. Reported Back To Judiciary - Civil Committee;

  49. Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 005-000-000

  50. To Tort Liability Law Subcommittee

  51. House Committee Amendment No. 2 Rules Refers to Judiciary - Civil Committee

  52. House Committee Amendment No. 2 Referred to Rules Committee

  53. House Committee Amendment No. 2 Filed with Clerk by Rep. David S. Olsen

  54. House Committee Amendment No. 1 Referred to Rules Committee

  55. House Committee Amendment No. 1 Filed with Clerk by Rep. David S. Olsen

  56. To Tort Liability Law Subcommittee

  57. Added Chief Co-Sponsor Rep. Kelly M. Cassidy

  58. Assigned to Judiciary - Civil Committee

  59. Added Co-Sponsor Rep. Gregory Harris

  60. Referred to Rules Committee

  61. First Reading

  62. Added Chief Co-Sponsor Rep. Sara Feigenholtz

  63. Added Chief Co-Sponsor Rep. Christine Winger

  64. Filed with the Clerk by Rep. David S. Olsen

Sponsors

  • David S. Olsen · Cosponsor
  • Tim Bivins · Cosponsor

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on · 9 voted No

Sponsors (0)

None.

Co-sponsors (2)

  • David S. Olsen
  • Tim Bivins

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 78 Yea · 27 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 471809
Republican 2802
Democrat 29102
Total 7827013
% of votes cast 66%23%0%11%
How each member voted (118)
Member Party Vote
Batinick — Yea
Bellock — Yea
Bourne — Nay
Bristow — Yea
Breen — Nay
Butler — Yea
Carroll — Yea
McAuliffe — Yea
Demmer — Nay
Long — Not Voting
Davis — Yea
Mitchell, Bill — Yea
McDermed — Not Voting
Williams — Yea
Mitchell, Christian — Yea
McSweeney — Nay
Olsen — Yea
Parkhurst — Nay
Sente — Nay
Bennett — Nay
Tabares — Yea
Brady — Nay
Thapedi — Yea
Turner — Yea
Unes — Not Voting
Wallace — Yea
Wehrli — Yea
Welter — Yea
Wheeler, Barbara — Nay
Willis — Yea
Wheeler, Keith — Nay
Finnie, Natalie — Nay
Yingling — Yea
Sauer — Not Voting
Hernandez — Not Voting
Conyears-Ervin — Yea
Costello — Nay
Currie — Nay
D'Amico — Yea
Drury — Nay
Durkin — Yea
Flowers — Yea
Fortner — Yea
Frese — Nay
Ives — Nay
Jesiel — Nay
Zalewski — Not Voting
Cavaletto — Yea
Connor — Yea
Conroy — Yea
Skillicorn — Yea
Stewart — Yea
Stratton — Yea
Harris, David — Yea
Harris, Gregory — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Jones — Yea
Greenwood — Yea
Hays — Yea
Hurley — Yea
Jimenez — Yea
Pritchard — Yea
Phillips — Not Voting
Reis — Not Voting
Riley — Yea
Sommer — Nay
Soto — Not Voting
Winger — Yea
Lang — Yea
Madigan — Yea
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Nay
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Not Voting
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Not Voting
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Nay
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Dan Swanson Republican Nay
Dave Severin Republican Nay
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Yea
Norine K. Hammond Republican Nay
Ryan Spain Republican Not Voting
Steven Reick Republican Yea
Terri Bryant Republican Nay
Tony M. McCombie Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4191 do?
Amends the Humane Care for Animals Act. Provides that a person is immune from criminal liability for criminal damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a vehicle and from civil liability for property damage if the person: determines the vehicle is locked or there is otherwise no reasonable method for the dog or cat to exit the vehicle; has a good faith belief that forcible entry into the vehicle is necessary because the dog or cat is in imminent danger of suffering harm if not immediately removed from the vehicle, and based upon the circumstances known to the person at the time, the belief is a reasonable one; has made a good faith effort to contact a 9-1-1 emergency telephone system operator, law enforcement, or the fire department, and if contact is not possible prior to forcibly entering the vehicle, the person makes contact as soon as possible after forcibly entering the vehicle; makes a good a faith effort to place a notice on the vehicle's windshield with the person's contact information, the reason entry was made, the location of the dog or cat, and the fact that authorities have been notified; remains with the dog or cat in a safe location until law enforcement or emergency responders arrive; and uses no more force than necessary to enter the vehicle to remove the dog or cat. Effective immediately.
Who sponsors HB 4191?
HB 4191 is sponsored by David S. Olsen and Tim Bivins.
What is the current status of HB 4191?
This bill died with 100th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4191?
Track HB 4191 free on One Click Politics — get push/email alerts when it moves.

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