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Illinois

West's Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 720. Criminal Offenses. Offenses Against Property. Act 215. Animal Research and Production Facilities Protection Act

Statute Details
Printable Version
Citation: IL ST CH 720 215/1 - 215/9

Citation: 720 I.L.C.S. 215/1 - 215/9


Last Checked by Web Center Staff: 12/2013

Summary:   This act was repealed in 2013. The former text comprises Illinois' Animal Research and Production Facilities Protection Act. Under the Act, 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 in Full:

Entire Act Repealed by P.A. 97-1108, § 20-7, eff. Jan. 1, 2013

Former Text

215/1. Short title

215/2. Findings

215/3. Definitions

215/4. Prohibited Acts

215/5. Penalties

215/6. Private rights of action

215/7. Authority of Director; investigation of alleged violations

215/8. Rules and regulations

215/9. Effective date

 


215/1. Short title

§ 1. This Act shall be known and may be cited as the Animal Research and Production Facilities Protection Act.

CREDIT(S)

P.A. 86-1397, § 1, eff. Sept. 10, 1990.

 

215/2. Findings

§ 2. 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.

CREDIT(S)

P.A. 86-1397, § 2, eff. Sept. 10, 1990.

 

215/3. Definitions

§ 3. Definitions.

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

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

c) “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, [FN1] 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.

CREDIT(S)

P.A. 86-1397, § 3, eff. Sept. 10, 1990.

 

215/4. Prohibited Acts

§ 4. Prohibited Acts. 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 such 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.

CREDIT(S)

P.A. 86-1397, § 4, eff. Sept. 10, 1990.

 

215/5. Penalties

§ 5. Penalties. (a)(1) Any person who violates any provision of Section 4 shall be guilty of a Class 4 felony for each such 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.

(b) Any person who, with the intent that any violation of any provision of Section 4 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 subsection (a) for that violation.

(c) Restitution.

(1) 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 Section 4.

(2) Any persons convicted of such 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 (1).

CREDIT(S)

P.A. 86-1397, § 5, eff. Sept. 10, 1990.

 

215/6. Private rights of action

§ 6. Private rights of action. Nothing in this Act shall preclude any animal facility injured in its business or property by a violation of this Act 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 Act. The animal facility owner or operator may petition the court to permanently enjoin such person from violating this Act and the court shall provide such relief.

CREDIT(S)

P.A. 86-1397, § 6, eff. Sept. 10, 1990.

 

215/7. Authority of Director; investigation of alleged violations

§ 7. The Director shall have authority to investigate any alleged violation of this Act, along with any other law enforcement agency, and may take any action within the Director's authority necessary for the enforcement of this Act. 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.

CREDIT(S)

P.A. 86-1397, § 7, eff. Sept. 10, 1990.

 

215/8. Rules and regulations

§ 8. The Director may adopt any rules and regulations necessary for the enforcement of this Act.

CREDIT(S)

P.A. 86-1397, § 8, eff. Sept. 10, 1990.

 

215/9. Effective date

§ 9. This Act takes effect upon becoming law.

CREDIT(S)

P.A. 86-1397, § 9, eff. Sept. 10, 1990.

 



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