Illinois

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Titlesort descending Summary
IL - Pet Trusts - Chapter 760. Trusts and Fiduciaries.


This Illinois law represents the state's pet trust law.  The law states that a trust to care for one or more designated domestic animals is valid and terminates upon the death of the last named animal.  Such trusts are to be liberally construed under the law and extrinsic evidence is admissible to prove a transferor's intent.

IL - Police dog - Act 82. Police Dog Retirement Act

The Police Dog Retirement Act, effective on January 1, 2017, states that a public service dog that is no longer fit for service shall be offered by the law enforcement agency to the officer or employee who had custody and control of the animal during its service. This includes a search and rescue dog, service dog, accelerant detection canine, or other dog that is in use by a county, municipal, or State law enforcement agency. If the officer or employee does not wish to keep the dog, the dog may be offered to another officer or employee in the agency, or to a non-profit organization or a no-kill animal shelter.

IL - Protected species - Article II. Game Protective Regulations.


This collection of statutes provides that the title of all wild birds and mammals rests with the state. A new section in 2011 vests the Department of Natural Resources with the ability to control the possession and release of species deemed exotic or invasive. Other sections concern the possession of certain wild birds and animals. Possession of any listed wild bird or its parts (including the eagle) is illegal under the statute, except for the bona fide scientific or zoological exhibition.

IL - Research - Act 93. Research Dogs and Cats Adoption Act 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.
IL - Restaurant - 5/11-20-14. Companion dogs; restaurants

This law provides that a municipality with a population of 1,000,000 or more may, by ordinance, authorize the presence of companion dogs in outdoor areas of restaurants where food is served, if the ordinance provides for adequate controls to ensure compliance with other Illinois health laws. An ordinance enacted under this Section shall provide that: (i) no companion dog shall be present in the interior of any restaurant or in any area where food is prepared; and (ii) the restaurant shall have the right to refuse to serve the owner of a companion dog if the owner fails to exercise reasonable control over the companion dog or the companion dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant. Under this law, "companion dog" means a dog other than one who is assisting a person with disability.

IL - Service Animal - Chapter 740. Civil Liabilities.


Under this Illinois statute, a physically impaired person may bring an action for both economic and noneconomic damages against a person who steals, injures, or attacks his or her assistance animal with hazardous chemicals (provided he or she reasonably knew the guide dog was present and the chemical was hazardous).  The economic damages recoverable include veterinary medical expenses, replacement costs, and temporary replacement assistance (provided by person or animal).  No cause of action lies where the physically impaired person was committing a civil or criminal trespass at the time of the attack or theft.

IL - Swap Meets - 50/24.1. Swap meets This law requires that swap meet organizers provide the State with certain records about the presence and sale of animals.
IL - Veterinary - Veterinary Medicine and Surgery Practice Act of 2004.


These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

Illinois 1869: Cruelty to Animals Statute


Historical Law: The first part of this Statute details the incorporation of the Illinois Society for the Prevention of Cruelty to Animals.  The second part of the statute describes various laws concerning the treatment of animals.

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

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.

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