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Illinois Illinois Service Dog Law

Definitions

Under Humane Care for Animals Act:

"Service animal" means an animal trained in obedience and task skills to meet the needs of a person with a disability.

510 ILCS 70/2.01c

Under Assistance Animal Damages Act:

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

"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:

  • guide dogs;
  • hearing ear dogs;
  • an animal trained to pull a wheelchair;
  • an animal trained to fetch dropped items; and
  • an animal trained to perform balance work.
740 I.L.C.S. 13/5

Under Article 48. Animals

For the purposes of this Section, "service animal" means a dog or miniature horse trained or being trained as a hearing animal, a guide animal, an assistance animal, a seizure alert animal, a mobility animal, a psychiatric service animal, an autism service animal, or an animal trained for any other physical, mental, or intellectual disability. "Service animal" includes a miniature horse that a public place of accommodation shall make reasonable accommodation so long as the public place of accommodation takes into consideration: (1) the type, size, and weight of the miniature horse and whether the facility can accommodate its features; (2) whether the handler has sufficient control of the miniature horse; (3) whether the miniature horse is housebroken; and (4) whether the miniature horse's presence in the facility compromises legitimate safety requirements necessary for operation.

720 ILCS 5/48-8

Under Act 60, Pedestrians with Disabilities Safety Act:

"Service animal" means a service animal as defined by the Code of Federal Regulations (28 CFR 36.104).

625 I.L.C.S. 60/5

SDIT Covered?

Yes. Every trainer of support dogs, guide dogs, seizure-alert dogs, seizure-response dogs, or hearing dogs shall have the right to be accompanied by 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 provided that he shall be liable for any damage done to the premises or facilities by such dog.

775 I.L.C.S. 30/3

Accommodation Law

Public accommodation law/"White Cane Law":

Every totally or partially blind or hearing impaired person, person who is subject to epilepsy or other seizure disorders, or person who has any other physical disability 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.

775 I.L.C.S. 30/3

Violation is a Class A misdemeanor.

775 I.L.C.S. 30/4

Also criminal violation under Article 48 on Animals:

When a person with a physical, mental, or intellectual disability requiring the use of a service animal is accompanied by a service animal or when a trainer of a service animal is accompanied by a service animal, neither the person nor the service animal shall be denied the right of entry and use of facilities of any public place of accommodation as defined in Section 5-101 of the Illinois Human Rights Act.

Violation is a Class C misdemeanor.

720 ILCS 5/48-8

Harassment of/Interference with Service Dogs

70/4.04. Injuring or killing service animals:

Unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison, or kill any service animal.

Class 4 felony if the animal is not killed or totally disabled.

Class 3 felony if the animal is killed or totally disabled.

510 ILCS 70/4.04

§ 7.15. Guide, hearing, and support dogs:

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.

(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.

Violation is 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.

510 ILCS 70/7.15

Under Assistance Animal Damages Act:

May bring an action for economic and noneconomic damages

If action causes death or if injuries sustained prevent the animal from returning to service, the measure of economic damages include:

  • veterinary medical expenses
  • replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal
  • costs of temporary replacement assistance services, whether provided by another assistance animal or a person
If animal returns to service, damages include:

  • veterinary medical expenses
  • costs of temporary replacement assistance services, whether provided by another assistance animal or a person
  • 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
740 I.L.C.S. 13/10

Driving Law

An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian with a disability who is accompanied by a visibly identifiable service animal.

Must 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.

625 I.L.C.S. 60/15
 
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