Full Statute Name:  West's Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 720. Criminal Offenses. Criminal Code. Act 5. Criminal Code of 2012. Title V. Added Articles. Article 48. Animals. 5/48-2. Animal research and production facilities protection

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Primary Citation:  720 I.L.C.S. 5/48-2 Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  IL ST CH 720 § 5/48-2
Summary:

This new law replaces the Illinois' Animal Research and Production Facilities Protection Act, which was repealed in 2013. Under the new law, it is unlawful for any person to release, steal, or injure an animal held at a facility; to damage or vandalize any property; to obtain access to an animal facility by false pretenses for the purpose of performing unauthorized acts; to enter into an animal facility with an intent to destroy, alter, duplicate, or obtain unauthorized possession of records; or to enter or remain on an animal facility with the intent to commit a prohibited act. Violation of any of these acts is a felony, with classification based on the amount of property damage.

Statute Text: 

[Editor's Note: this new law replaces 720 I.L.C.S. 215/1 - 215/9, which was repealed in 2013]

 

§ 48-2. Animal research and production facilities protection.

(a) Definitions.

“Animal” means every living creature, domestic or wild, but does not include man.

“Animal facility” means any facility engaging in legal scientific research or agricultural production of or involving the use of animals including any organization with a primary purpose of representing livestock production or processing, any organization with a primary purpose of promoting or marketing livestock or livestock products, any person licensed to practice veterinary medicine, any institution as defined in the Impounding and Disposition of Stray Animals Act, and any organization with a primary purpose of representing any such person, organization, or institution. “Animal facility” shall include the owner, operator, and employees of any animal facility and any premises where animals are located.

“Director” means the Director of the Illinois Department of Agriculture or the Director's authorized representative.

(b) Legislative Declaration. There has been an increasing number of illegal acts committed against animal research and production facilities involving injury or loss of life to humans or animals, criminal trespass and damage to property. These actions not only abridge the property rights of the owner of the facility, they may also damage the public interest by jeopardizing crucial scientific, biomedical, or agricultural research or production. These actions can also threaten the public safety by possibly exposing communities to serious public health concerns and creating traffic hazards. These actions may substantially disrupt or damage publicly funded research and can result in the potential loss of physical and intellectual property. Therefore, it is in the interest of the people of the State of Illinois to protect the welfare of humans and animals as well as productive use of public funds to require regulation to prevent unauthorized possession, alteration, destruction, or transportation of research records, test data, research materials, equipment, research and agricultural production animals.

(c) It shall be unlawful for any person:

(1) to release, steal, or otherwise intentionally cause the death, injury, or loss of any animal at or from an animal facility and not authorized by that facility;

(2) to damage, vandalize, or steal any property in or on an animal facility;

(3) to obtain access to an animal facility by false pretenses for the purpose of performing acts not authorized by that facility;

(4) to enter into an animal facility with an intent to destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials, equipment, or animals;

(5) by theft or deception knowingly to obtain control or to exert control over records, data, material, equipment, or animals of any animal facility for the purpose of depriving the rightful owner or animal facility of the records, material, data, equipment, or animals or for the purpose of concealing, abandoning, or destroying these records, material, data, equipment, or animals; or

(6) to enter or remain on an animal facility with the intent to commit an act prohibited under this Section.

(d) Sentence.

(1) Any person who violates any provision of subsection (c) shall be guilty of a Class 4 felony for each violation, unless the loss, theft, or damage to the animal facility property exceeds $300 in value.

(2) If the loss, theft, or damage to the animal facility property exceeds $300 in value but does not exceed $10,000 in value, the person is guilty of a Class 3 felony.

(3) If the loss, theft, or damage to the animal facility property exceeds $10,000 in value but does not exceed $100,000 in value, the person is guilty of a Class 2 felony.

(4) If the loss, theft, or damage to the animal facility property exceeds $100,000 in value, the person is guilty of a Class 1 felony.

(5) Any person who, with the intent that any violation of any provision of subsection (c) be committed, agrees with another to the commission of the violation and commits an act in furtherance of this agreement is guilty of the same class of felony as provided in paragraphs (1) through (4) of this subsection for that violation.

(6) Restitution.

(A) The court shall conduct a hearing to determine the reasonable cost of replacing materials, data, equipment, animals and records that may have been damaged, destroyed, lost or cannot be returned, and the reasonable cost of repeating any experimentation that may have been interrupted or invalidated as a result of a violation of subsection (c).

(B) Any persons convicted of a violation shall be ordered jointly and severally to make restitution to the owner, operator, or both, of the animal facility in the full amount of the reasonable cost determined under paragraph (A).

(e) Private right of action. Nothing in this Section shall preclude any animal facility injured in its business or property by a violation of this Section from seeking appropriate relief under any other provision of law or remedy including the issuance of a permanent injunction against any person who violates any provision of this Section. The animal facility owner or operator may petition the court to permanently enjoin the person from violating this Section and the court shall provide this relief.

(f) The Director shall have authority to investigate any alleged violation of this Section, along with any other law enforcement agency, and may take any action within the Director's authority necessary for the enforcement of this Section. State's Attorneys, State police and other law enforcement officials shall provide any assistance required in the conduct of an investigation and prosecution. Before the Director reports a violation for prosecution he or she may give the owner or operator of the animal facility and the alleged violator an opportunity to present his or her views at an administrative hearing. The Director may adopt any rules and regulations necessary for the enforcement of this Section.

Credits

Laws 1961, p. 1983, § 48-2, added by P.A. 97-1108, § 10-5, eff. Jan. 1, 2013.

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