Illinois

Share |

IL - Testing - 620/17.2. Cosmetic testing on animals

Summary:

This law from 2019 makes it unlawful for a manufacturer to import for profit, sell, or offer for sale in this State any cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020. There is an exception when an ingredient is in wide use and cannot be replaced by another ingredient capable of performing a similar function; a specific human health problem is substantiated and the need to conduct animal tests is justified and supported by a detailed research protocol proposed as the basis for the evaluation; and there is not a nonanimal alternative method accepted for the relevant endpoint by the relevant federal or State regulatory authority.

IL - Police dog - Act 83. Police Service Dog Protection Act

Summary:

This 2019 set of laws is known as the Police Service Dog Protection Act. It requires that the law enforcement agency or handler of the police dog shall be required to have every police dog receive, at minimum, an annual medical examination by a licensed veterinarian. Further, a vehicle transporting a police dog must be equipped with a heat sensor monitoring device that provides a visual and audible notification if the interior temperature reaches 85 degrees F as well as a safety mechanism to reduce the interior temperature.

IL - Education - Act 112. Dissection Alternatives Act

Summary:

This comprises Illinois' Dissection Alternatives Act. The act requires the State Board of Education to make guidelines that give notice to parents and students on which courses ordinarily involve dissection of animals and whether or not alternative projects for learning are available. A school may excuse a student enrolled in a course in which students are ordinarily expected to perform, participate in, or observe dissection who objects for any reason to performing, participating in, or observing that dissection and instead allow the student to complete an alternative project. The act defines "student" as those pupils at a public or private elementary or secondary school in Illinois. No student is to be penalized or discriminated against for refusing to perform, participate in, or observe dissection.

IL - Elephant - 5/48-11. Unlawful use of an elephant in a traveling animal act

Summary:

This Illinois law states that a person commits unlawful use of an elephant in a traveling animal act when he or she knowingly allows for the participation of an African elephant (Loxodonta Africana) or Asian elephant (Elephas maximus) protected under the federal Endangered Species Act of 1973 in a traveling animal act. Violation is a Class A misdemeanor. This Section does not apply to an exhibition of elephants at a non-mobile, permanent institution, or other facility.

IL - Divorce - Act 5. Illinois Marriage and Dissolution of Marriage Act

Summary:

Effective January 1, 2018, the Illinois Legislature amended several provisions under Act 5, the Illinois Marriage and Dissolution of Marriage Act. Under the Joint Simplified Dissolution Procedure, the amendments added the following requirement to the conditions that must be present to do a simplified dissolution: (k) The parties have executed a written agreement allocating ownership of and responsibility for any companion animals owned by the parties. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act." Under Part V, "Property, Support and Attorney Fees," three sections were amended. Section 5/501 deals with temporary relief and amendments in 2018 added subsection (f): "Companion animals. Either party may petition or move for the temporary allocation of sole or joint possession of and responsibility for a companion animal jointly owned by the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal." In Section 5/502 on amicable settlement agreements between parties, the following provision was added to subsection (a): "The parties may also enter into an agreement allocating the sole or joint ownership of or responsibility for a companion animal. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act. Any agreement pursuant to this Section must be in writing, except for good cause shown with the approval of the court, before proceeding to an oral prove up." Finally, under § 503 on "Disposition of property and debts," amendments added this subsection: "(n) If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal. As used in this Section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act."

IL - Research - Act 93. Research Dogs and Cats Adoption Act

Summary:

This act, effective January 1, 2018, is entitled the Research Dogs and Cats Adoption Act. Under the act, a research facility shall assess the health of a dog or cat used in research and then make reasonable efforts to offer for adoption a dog or cat determined to be suitable for adoption, either through private placement or through an animal adoption organization. The research facility must have a facility adoption policy that is made available on its website.

People v. Robards

Summary:

This case is an appeal from an animal cruelty conviction against defendant Ms. Regina Robards. She seeks appeal on the grounds that the State failed to prove her guilty beyond a reasonable doubt. Robards was charged with aggravated animal cruelty when her two dogs, Walker and Sparky, were discovered in her previous home emaciated, dehydrated, and dead. She had moved out of the home and into Ms. Joachim’s home in July 2014, telling Joachim that she was arranging for the dogs to be taken care of. However, when Joachim went over to the prior home in November 2014, she discovered Walker’s emaciated body on the living room floor. She called the police, who discovered Sparky’s body in a garbage bag in the bedroom. Robards’ conviction required that it was proven beyond a reasonable doubt that she intentionally committed an act that caused serious injury or death to her two dogs, and failing to seek adequate medical care for them. On appeal, Robards concedes that the dogs both died from dehydration and starvation, and that she was the only person responsible for the dogs’ care. However, she argues that for her conviction to stand, the prosecutor must prove that she intended to cause serious injury or death to the dogs. The court disagrees, stating that for conviction only the act need be intentional, and that the act caused the death or serious injury of an animal. Notably, the court observed that "defendant is very fortunate to have only received a sentence of 12 months' probation for these heinous crimes," and criticized the circuit court for its "unjustly and inexplicably lenient" sentence simply because defendant only caused harm to an animal and not a human being.

People v. Larson

Summary:

In December 2005, defendant Alan J. Larson was found guilty of possession of a firearm without a firearm owner's identification card and committing aggravated cruelty to an animal when he shot and killed the Larsons’ family dog Sinai in October 2004. Evidence included conflicting testimony among family members as to the disposition of the dog and whether he had a history of biting people, and a veterinarian who concluded that a gunshot to the brain was a conditionally acceptable method of euthanasia. Defendant appealed his conviction on the grounds that the aggravated-cruelty-to-an-animal statute was unconstitutionally vague because it fails to address how an owner could legally euthanize their own animal. The appellate court rejected this argument and affirmed defendant’s conviction.

In re MARRIAGE OF Kimberly K. Enders and Michael A. BAKER

Summary:

In this case, Michael A. Baker appealed the trial court’s decision regarding property distribution and visitation rights with regard to his two dogs, Grace and Roxy, following his divorce from Kimberly K. Enders. The trial court awarded custody of both dogs to Enders and denied Baker any visitation rights. In making its decision, the trial court relied on a New York case in which the New York Supreme Court did not allow dog visitation. (Travis v. Murray, 42 Misc.3d 447, 977 N.Y.S.2d 621, 631 (N.Y.Sup.Ct.2013). The New York Supreme Court refused to apply the “best interests of the dog” standard and instead applied a “best for all standard,” holding that “household pets enjoy a status greater than mere chattel.” Baker appealed the trail court’s decision arguing that Illinois courts have the authority to order pet visitation. On appeal, the court determined that there was no case law to suggest that an Illinois court had ever addressed the issue of dog visitation. As a result, the court found that the trial court was well within its discretion to apply the standard used in the New York case. Additionally, the court of appeals applied the statutory definition of “dog owner” in Illinois and determined that Enders was the dogs’ rightful owner. The Illinois statute defined owner as “any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian.” The court found that because the dogs were left in Ender’s care following the divorce, she is the one who “keeps or harbors” the dogs and is therefore the owner. Ultimately, the court affirmed the trial court’s decision and denied Baker visitation rights.
Share |