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Illinois

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: 510 ILCS 70/2.01c, 4.03, 4.04; 510 ILCS 5/15.1; 740 ILCS 13/1 - 10; 775 I.L.C.S. 30/1 - 6; IL ST CH 105 5/14-6.02; IL ST CH 625 60/15; IL ST CH 775 5/3-104.1

Citation: IL ST CH 510 70/2.01c, 4.03, 4.04; IL ST CH 510 5/15.1; IL ST CH 740 13/1 - 10; IL ST CH 775 30/1 - 6; 105 I.L.C.S. 5/14-6.02; 625 I.L.C.S. 60/15; 775 I.L.C.S. 5/3-104.1


Last Checked by Web Center Staff: 12/2013

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

West's Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 510. Animals. Act 70. Humane Care for Animals Act

70/2.01c. Definition of Service Animal

70/2.01d. Search and rescue dog

70/4.03. Teasing, striking or tampering with police animals,service animals, or search and rescue dogs prohibited.

70/4.04. Injuring or killing police animals, service animals, or search and rescue dogs prohibited.

70/7.15. Guide, hearing, and support dogs.

Chapter 740. Civil Liabilities. Act 13. Assistance Animal Damages Act

13/1. Short title

13/5. Definitions

13/10. Damages recoverable for harm or theft of assistance animal

Chapter 775. Human Rights. Act 30. White Cane Law.

30/1. Short title

30/2. Participation in social and economic life by blind and handicapped

30/3. Blind, visually handicapped, hearing impaired, physically disabled, persons subject to epilepsy or other seizure disorders; use of streets and highways; accommodations on common carriers and in public places; guide or support dogs

30/4. Denial or interference with rights; penalty

30/5. Employment of blind or handicapped

30/6. White Cane Safety Day

Chapter 510. Animals. Act 5. Animal Control Act.

5/15.1. Dangerous dog determination (Section (f) - exemption for guide dog).

Chapter 105. Schools. Common Schools. Act 5. School Code. Article 14. Children with Disabilities.

5/14-6.02. Service animals

Chapter 210. Health Facilities. Act 125. Swimming Facility Act. 125/32. Service animals

125/32. Service animals

Chapter 625. Vehicles. Act 60. Pedestrians with Disabilities Safety Act.

60/15. Mobility device; service animal; white cane

Chapter 775. Human Rights. Act 5. Illinois Human Rights Act. Article 3. Real Estate Transactions.

5/3-104.1. Refusal to sell or rent because a person has a guide, hearing or support dog

 

 

West's Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 510. Animals. Act 70. Humane Care for Animals Act

70/2.01c. Service animal

§ 2.01c. Service animal. “Service animal” means an animal trained in obedience and task skills to meet the needs of a disabled person.

CREDIT(S)

P.A. 78-905, § 2.01c, added by P.A. 92-454, § 5, eff. Jan. 1, 2002.


70/2.01d. Search and rescue dog

§ 2.01d. Search and rescue dog. “Search and rescue dog” means any dog that is trained or is certified to locate persons lost on land or in water.

CREDIT(S)

P.A. 78-905, § 2.01d, added by P.A. 92-454, § 5, eff. Jan. 1, 2002.


70/4.03. Teasing, striking or tampering with police animals, service animals, accelerant detection dogs, or search and rescue dogs prohibited

§ 4.03. Teasing, striking or tampering with police animals, service animals, accelerant detection dogs, or search and rescue dogs prohibited. It shall be unlawful for any person to willfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any desensitizing drugs, chemicals, or substance to (i) any animal used by a law enforcement officer in the performance of his or her functions or duties, or when placed in confinement off duty, (ii) any service animal, (iii) any search and rescue dog, (iv) any police, service, or search and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty. It is unlawful for any person to interfere or meddle with (i) any animal used by a law enforcement department or agency or any handler thereof in the performance of the functions or duties of the department or agency, (ii) any service animal, (iii) any search and rescue dog, (iv) any law enforcement, service, or search and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty.

Any person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

CREDIT(S)

P.A. 78-905, § 4.03, added by P.A. 85-800, § 1, eff. Jan. 1, 1988. Amended by P.A. 90-80, § 5, eff. July 10, 1997; P.A. 92-454, § 5, eff. Jan. 1, 2002; P.A. 92-650, § 5, eff. July 11, 2002; P.A. 96-1171, § 10, eff. July 22, 2010.

 

70/4.04. Injuring or killing police animals, service animals, accelerant detection dogs, or search and rescue dogs prohibited

§ 4.04. Injuring or killing police animals, service animals, accelerant detection dogs, or search and rescue dogs prohibited. It shall be unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison, or kill (i) any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when placed in confinement off duty, (ii) any service animal, (iii) any search and rescue dog, (iv) any law enforcement, service, or search and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the animal undue suffering and pain.

A person convicted of violating this Section is guilty of a Class 4 felony if the animal is not killed or totally disabled; if the animal is killed or totally disabled, the person is guilty of a Class 3 felony.

CREDIT(S)

P.A. 78-905, § 4.04, added by P.A. 85-800, § 1, eff. Jan. 1, 1988. Amended by P.A. 90-80, § 5, eff. July 10, 1997; P.A. 91-357, § 218, eff. July 29, 1999; P.A. 92-454, § 5, eff. Jan. 1, 2002; P.A. 92-650, § 5, eff. July 11, 2002; P.A. 95-331, § 980, eff. Aug. 21, 2007; P.A. 95-560, § 5, eff. Aug. 30, 2007; P.A. 96-1171, § 10, eff. July 22, 2010.


70/7.15. Guide, hearing, and support dogs

§ 7.15. Guide, hearing, and support dogs.

(a) A person may not willfully and maliciously annoy, taunt, tease, harass, torment, beat, or strike a guide, hearing, or support dog or otherwise engage in any conduct directed toward a guide, hearing, or support dog that is likely to impede or interfere with the dog's performance of its duties or that places the blind, hearing impaired, or physically handicapped person being served or assisted by the dog in danger of injury.

(b) A person may not willfully and maliciously torture, injure, or kill a guide, hearing, or support dog.

(c) A person may not willfully and maliciously permit a dog that is owned, harbored, or controlled by the person to cause injury to or the death of a guide, hearing, or support dog while the guide, hearing, or support dog is in discharge of its duties.

(d) A person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. A person convicted of violating subsection (b) or (c) of this Section is guilty of a Class 4 felony if the dog is killed or totally disabled, and may be ordered by the court to make restitution to the disabled person having custody or ownership of the dog for veterinary bills and replacement costs of the dog.

CREDIT(S)

P.A. 78-905, § 7.15, added by P.A. 89-689, § 55, eff. Dec. 31, 1996. Amended by P.A. 92-650, § 5, eff. July 11, 2002. 

 

Chapter 740. Civil Liabilities. Act 13. Assistance Animal Damages Act

13/1. Short title

§ 1. Short title. This Act may be cited as the Assistance Animal Damages Act.

CREDIT(S)

P.A. 91-480, § 1, eff. Jan. 1, 2000.


13/5. Definitions

§ 5. Definitions. As used in this Act:

“Blind person” means a person who has vision of 20/200 or less with the best correction or has a visual field of 20 degrees or less.

“Guide dog” means a dog that is trained to lead or guide a blind person.

“Deaf person” means a person whose hearing disability precludes successful processing of linguistic information through audition with or without a hearing aid.

“Hearing ear dog” means a dog that is trained to assist a deaf person.

“Assistance animal” means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:

(1) guide dogs;

(2) hearing ear dogs;

(3) an animal trained to pull a wheelchair;

(4) an animal trained to fetch dropped items; and

(5) an animal trained to perform balance work.

“Daily life activity” includes but is not limited to:

(1) self-care;

(2) ambulation;

(3) communication;

(4) transportation; or

(5) employment.

“Physically impaired person” means any person who is permanently physically impaired, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment, requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.

CREDIT(S)

P.A. 91-480, § 5, eff. Jan. 1, 2000.

 

13/10. Damages recoverable for harm or theft of assistance animal

§ 10. Damages recoverable for harm or theft of assistance animal.

(a) In addition to and not in lieu of any other penalty provided by State law, a physically impaired person who uses an assistance animal or the owner of an assistance animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the assistance animal or exposes the assistance animal to any chemical that is hazardous to the assistance animal; however, an action against a person for exposing an assistance animal to a chemical that is hazardous to the assistance animal may be brought under this Act only if the person against whom the action is brought knew or reasonably should have known that the assistance animal was present and that the chemical was hazardous to the assistance animal. The physically impaired person or owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks an assistance animal. The action authorized by this subsection may be brought by the physically impaired person or owner even if the assistance animal was in the custody or under the supervision of another person when the theft, attack, or exposure occurred.

(b) If the theft of or unprovoked attack on an assistance animal or exposure of the assistance animal to any chemical that is hazardous to the assistance animal described in subsection (a) of this Section results in the death of the animal or the animal is not returned or if injuries sustained prevent the animal from returning to service as an assistance animal, the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses and the replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal. In addition, the physically impaired person or owner may recover any other costs and expenses, including, but not limited to, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, incurred as a result of the theft of or injury to the animal.

(c) If the theft of or unprovoked attack on an assistance animal or exposure of the assistance animal to any chemical that is hazardous to the assistance animal described in subsection (a) of this Section results in injuries from which the animal recovers and returns to service, or if the animal is stolen but is recovered and returns to service, the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and any other costs and expenses incurred by the physically impaired person or owner as a result of the theft of or injury to the animal.

(d) No cause of action arises under this Section if the physically impaired person, owner or the person having custody or supervision of the assistance animal was committing a criminal or civil trespass at the time of the theft of or attack on the assistance animal or exposure of the assistance animal to any chemical that is hazardous to the assistance animal.

(e) The court shall award reasonable attorney's fees to the prevailing plaintiff in an action under this Section. The court may award reasonable attorney's fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.

CREDIT(S)

P.A. 91-480, § 10, eff. Jan. 1, 2000.

 
West's Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 775. Human Rights. Act 30. White Cane Law.

30/1. Short title

§ 1. This Act may be cited as the White Cane Law.

CREDIT(S)

P.A. 76-663, § 1, eff. Aug. 6, 1969. Amended by P.A. 86-1475, Art. 4, § 4-14, eff. Jan. 10, 1991.

 

 30/2. Participation in social and economic life by blind and handicapped

§ 2. It is the policy of this State to encourage and enable the blind, the visually handicapped and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment.

CREDIT(S)

P.A. 76-663, § 2, eff. Aug. 6, 1969.
 

30/3. Blind, visually handicapped, hearing impaired, physically disabled, persons subject to epilepsy or other seizure disorders; use of streets and highways; accommodations on common carriers and in public places; guide or support dogs

§ 3. The blind, the visually handicapped, the hearing impaired, persons who are subject to epilepsy or other seizure disorders, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.

The blind, the visually handicapped, the hearing impaired, persons who are subject to epilepsy or other seizure disorders, and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

Every totally or partially blind, hearing impaired, person who is subject to epilepsy or other seizure disorders, or otherwise physically disabled person or a trainer of support dogs, guide dogs, seizure-alert dogs, seizure-response dogs, or hearing dogs shall have the right to be accompanied by a support dog or guide dog especially trained for the purpose, or a dog that is being trained to be a support dog, guide dog, seizure-alert dog, seizure-response dog, or hearing dog, in any of the places listed in this Section without being required to pay an extra charge for the guide, support, seizure-alert, seizure-response, or hearing dog; provided that he shall be liable for any damage done to the premises or facilities by such dog.

CREDIT(S)

P.A. 76-663, § 3, eff. Aug. 6, 1969. Amended by P.A. 82-222, § 2, eff. Jan. 1, 1982; P.A. 83-93, § 2, eff. Jan. 1, 1984; P.A. 92-187, § 10, eff. Jan. 1, 2002; P.A. 93-532, § 10, eff. Jan. 1, 2004. 

 


30/4. Denial or interference with rights; penalty

§ 4. Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated in Section 3 of this Act or otherwise interferes with the rights of a totally or partially blind or otherwise disabled person under Section 3 of this Act shall be guilty of a Class A misdemeanor.

CREDIT(S)

P.A. 76-663, § 4, eff. Aug. 6, 1969. Amended by P.A. 77-2830, Art. 22, § 1, eff. Jan. 1, 1973.

 

30/5. Employment of blind or handicapped

§ 5. It is the policy of this State that the blind, the visually handicapped and the otherwise physically disabled shall be employed in the State Service, the service of the political subdivisions of the State, in the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.

CREDIT(S)

P.A. 76-663, § 5, eff. Aug. 6, 1969.
 

 


30/6. White Cane Safety Day

§ 6. Each year, the Governor is authorized and requested to designate and take suitable public notice of White Cane Safety Day and to issue a proclamation in which:

(a) he comments upon the significance of the white cane;

(b) he calls upon the citizens of the State to observe the provisions of the White Cane Law and to take precautions necessary to the safety of the disabled;

(c) he reminds the citizens of the State of the policies with respect to the disabled herein declared and urges the citizens to cooperate in giving effect to them;

(d) he emphasizes the need of the citizens to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.

CREDIT(S)

P.A. 76-663, § 6, eff. Aug. 6, 1969.

 

Chapter 510. Animals.  Act 5. Animal Control Act.

5/15.1. Dangerous dog determination

§ 15.1. Dangerous dog determination.

(a) After a thorough investigation including: sending, within 10 business days of the Administrator or Director becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator or Director prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, deputy administrator, or law enforcement agent may ask the Administrator, or his or her designee, or the Director, to deem a dog to be “dangerous”. No dog shall be deemed a “dangerous dog” unless shown to be a dangerous dog by a preponderance of evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.

(b) A dog shall not be declared dangerous if the Administrator, or his or her designee, or the Director determines the conduct of the dog was justified because:

(1) the threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;

(2) the threatened person was abusing, assaulting, or physically threatening the dog or its offspring;

(3) the injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or

(4) the dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.

(c) Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the dog's behavior was justified pursuant to the provisions of this Section.

(d) If deemed dangerous, the Administrator, or his or her designee, or the Director shall order (i) the dog's owner to pay a $50 public safety fine to be deposited into the Pet Population Control Fund, (ii) the dog to be spayed or neutered within 14 days at the owner's expense and microchipped, if not already, and (iii) one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:

(1) evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection; or

(2) direct supervision by an adult 18 years of age or older whenever the animal is on public premises.

(e) The Administrator may order a dangerous dog to be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.

(f) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with Section 8 of this Act and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of the exempted dogs, and shall promptly notify the departments of any address changes reported to him or her.

(g) An animal control agency has the right to impound a dangerous dog if the owner fails to comply with the requirements of this Act.

CREDIT(S)

P.A. 78-795, § 15.1, added by P.A. 93-548, § 5, eff. Aug. 19, 2003. Amended by P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

Chapter 105. Schools. Common Schools. Act 5. School Code. Article 14. Children with Disabilities.

5/14-6.02. Service animals

§ 14-6.02. Service animals. Service animals such as guide dogs, signal dogs or any other animal individually trained to perform tasks for the benefit of a student with a disability shall be permitted to accompany that student at all school functions, whether in or outside the classroom. For the purposes of this Section, “service animal” has the same meaning as in Section 48-8 of the Criminal Code of 2012.

Credits

Laws 1961, p. 31, § 14-6.02, added by P.A. 87-228, § 1, eff. Jan. 1, 1992. Amended by P.A. 97-956, § 5, eff. Aug. 14, 2012; P.A. 97-1150, § 235, eff. Jan. 25, 2013.

 

 

Chapter 210. Health Facilities. Act 125. Swimming Facility Act.

125/32. Service animals

§ 32. Service animals.

<Text of section added effective Jan. 1, 2013.>

It is the duty of a licensee under this Act to allow the use of service animals as defined and prescribed in 28 C.F.R. 35.104, 28 C.F.R. 35.136, 28 C.F.R. 35.139, 28 C.F.R. 36.104, 28 C.F.R. 208, and 28 C.F.R. 302(c) if the service animal has been trained to perform a specific task or work in the water and the use of such animal does not pose a direct threat to the health and safety of the patrons of the facility or the function or sanitary conditions of the facility. Any use of a licensed swimming facility by an animal other than a service animal as authorized under this Section is prohibited.

CREDIT(S)

P.A. 78-1149, § 32, added by P.A. 97-957, § 5, eff. Jan. 1, 2013.

 

Chapter 625. Vehicles. Act 60. Pedestrians with Disabilities Safety Act.

60/15. Mobility device; service animal; white cane

§ 15. Mobility device; service animal; white cane.

(a) An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian with a disability who is using a mobility device, accompanied by a visibly identifiable service animal, or carrying or using a white cane, and shall take all precautions that may be necessary to avoid an accident or injury to the pedestrian with a disability. Any vehicle operator who fails to take such precautions shall be liable for damages for any injury caused to the pedestrian with a disability.

(b) Nothing in this Act shall be construed to deprive any person with a disability who is not using a mobility device, not accompanied by a visibly identifiable service animal, or not carrying or using a white cane of the rights of other pedestrians, nor shall such an occurrence be conclusively held to constitute evidence of contributory negligence.

(c) Qualified professionals involved in the training of visibly identifiable service animals including training a person with a disability in the use of an animal, orientation and mobility instructors who are providing instruction to persons with disabilities or receiving training to enable them to provide that instruction, or any otherwise qualified person providing instruction to a person with a disability in the proper use of a mobility device or white cane shall be covered by the provisions of this Section.

CREDIT(S)

P.A. 96-1167, § 15, eff. July 22, 2010.

 

Chapter 775. Human Rights. Act 5. Illinois Human Rights Act. Article 3. Real Estate Transactions.

5/3-104.1. Refusal to sell or rent because a person has a guide, hearing or support dog

§ 3-104.1. Refusal to sell or rent because a person has a guide, hearing or support dog. It is a civil rights violation for the owner or agent of any housing accommodation to:

(A) refuse to sell or rent after the making of a bonafide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind, hearing impaired or physically disabled person because he has a guide, hearing or support dog; or

(B) discriminate against any blind, hearing impaired or physically disabled person in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because he has a guide, hearing or support dog; or

(C) require, because a blind, hearing impaired or physically disabled person has a guide, hearing or support dog, an extra charge in a lease, rental agreement, or contract of purchase or sale, other than for actual damage done to the premises by the dog.

CREDIT(S)

P.A. 81-1216, § 3-104.1, added by P.A. 82-222, § 4, eff. Jan. 1, 1982. Amended by P.A. 83-93, § 4, eff. Jan. 1, 1984; P.A. 95-668, § 5, eff. Oct. 10, 2007.

 

Note: the Guide Dog Access/Service Animal Access Act (720 I.L.C.S. 630/.01 to 1) was repealed by 2012 Ill. Legis. Serv. P.A. 97-1108 (H.B. 2582).

 



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