Animal Law

Animal Law

Not applicable

Topic: 
Statutory Court Fee Task Force

The Access to Justice Act created the Statutory Court Fee Task Force to study the current system of fees, fines, and other court costs and propose recommendations to the Illinois General Assembly and Illinois Supreme Court. Its report may be found at the URL below. 

House Bill 4400

Topic: 
Perjury

(Drury, D-Highwood) makes it perjury if a person knowingly under oath makes contradictory statements to the degree that one of them is necessarily false in the same or in different proceedings in which an oath or affirmation is required if: (1) each statement was material to the issue or point in question; and (2) each statement was made within the period of the statute of limitations for the offense charged. Makes it a defense if the defendant at the time he or she made each declaration believed the declaration to be true. Just introduced.

Zollar v. City of Chicago Department of Administrative Hearings

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
2015 IL App (1st) 143426
Decision Date: 
Wednesday, October 14, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Confirmed.
Justice: 
MASON
Hearing officer's determination, upholding City Animal Care and Control Commission's declaration that Plaintiff's dog is a dangerous animal within meaning of city ordinance, is supported by manifest weight of evidence. Evidence showed that dog made unprovoked attack on much smaller dog and inflicted several wounds. Dogsitter of larger dog, from whom larger dog escaped, and owner of smaller dog, both testified at hearing and were subject to cross-examination, thus eliminating any possible prejudice from admission of investigative report prepared by city animal control inspector.(LAVIN and HYMAN, concurring.)

People v. Lee

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2015 IL App (1st) 132059
Decision Date: 
Thursday, September 24, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
ELLIS
Defendant was convicted, after jury trial, of 4 counts of aggravated cruelty to a companion animal, after 4 horses were found in deplorable conditions in a barn. Evidence was sufficient to find Defendant guilty of aggravated cruelty beyond a reasonable doubt, with evidence of gross deprivation of food and water, humane treatment, and veterinary care. Court committed reversible error by failing to instruct jury on lesser-included offense of violation of owner's duties statute. There was no evidence that Defendant was on the property during time at issue, and jury reasonably could have accepted Defendant's argument that he was an absentee, unknowing owner, and thus lacked requisite intent. (HOWSE and COBBS, concurring.)

Modrytzkji v. The City of Chicago

Illinois Appellate Court
Civil Court
Municipal Law
Citation
Case Number: 
2015 IL App (1st) 141874
Decision Date: 
Wednesday, September 30, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Vacated.
Justice: 
COBBS
City Commission on Animal Care and Control declared that two St. Bernard dogs owned by Plaintiff were "dangerous animals" per Chicago Municipal Code. As Plaintiff's request for hearing was untimely, Chicago Department of Administrative Hearings did not have authority to conduct hearing on the "dangerous animal" status and related orders. Thus, Department's decision is void and Commission's Executive Director's determinations, which were mailed to Plaintiff, stand. Because Department's judgment was void, circuit court did not have authority to consider merits of Plaintiff's appeal. Thus, circuit court's order is vacated.(HOWSE and ELLIS, concurring.)

People v. Helm

Illinois Appellate Court
Criminal Court
Animal Control Act
Citation
Case Number: 
2014 IL App (5th) 130325
Decision Date: 
Monday, October 6, 2014
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Affirmed.
Justice: 
CATES
State filed complaint under Section 15 of Animal Control Act seeking order declaring Defendant's dog to be a vicious dog within meaning of Section 2.19 of the Act. Court entered order, after bench trial, declaring it a vicious dog. Although court may find a dog's conduct is justified where doge was acting to protect a member of its household, statute does not mandate that a court find that a dog's conduct is justified in every instance where a dog perceives a threat and acts to protect a member of its household. Dog's attack on neighbor's dog, followed by its biting of neighbor, cannot be justified because dog should not have been roaming unsupervised and unrestrained, as animal control service had twice previously ordered Defendant to keep dog restrained after previously biting persons. (GOLDENHERSH and SPOMER, concurring.)

Beyond the One-Bite Rule: Liability for Animal-Caused Injuries

By Timothy Meyer, Jason G. Schutte, & Eric Waldman
September
2014
Article
, Page 440
Everyone knows about the one-bite rule, but there's a lot more to proving or disproving an animal liability lawsuit.

Public Act 98-779

Topic: 
Counties Code and Code of Conduct
(Morrison, D-Lake Forest; Yingling, D-Hainesville) allows a county board for counties more than 300,000 but less than two million population to adopt a code of conduct regarding the fiscal responsibility and procurement authority, as required by State law, local ordinance, or county board policy It may also include additional provisions for the accountability, transparency, and ethical conduct of county appointees. Allows appointees appointed by a county board chairman or county executive, with or without the consent of the county board, to be removed from office for violating the code of conduct by the county board chairman or county executive with concurrence by a 2/3 majority vote of the county board. It requires that reasonable notice of the violation and a hearing before the county board or its designee be provided to the appointee before the vote. Makes similar provisions for appointees appointed by the county board on the process of removal for violation of the code of conduct. But the Act exempts the removal of county superintendent of highways and county engineer from these provisions. Effective January 1, 2015.

House Bill 5453

Topic: 
Increased court fees
(Brauer, R-Springfield) lifts the cap on the $25 court-services fee that a county may charge civil litigants and convicted defendants for courthouse security if there is an acceptable cost study prepared that justifies it. Scheduled for House Judiciary Committee Wednesday morning.

House Billl 4428

Topic: 
Attorney statute of repose
(Sandack, R-Lombard) amends the Code of Civil Procedure statute of repose for attorneys by tolling the six-year statute of repose if the client is still represented by the attorney or the attorney knowingly conceals the act or omission. The period of limitations will not begin to run until the person is no longer represented by the attorney or until the client should have known of the injury. Introduced and referred to House Rules Committee.