We here at LauraLaw like to keep you apprised of laws that you might not know were on the books (check out our recent blog posts regarding laws you should know).  Did you know that if you are a convicted felon, it might be illegal for you to own your dog?  In 2007, Illinois passed a law that makes it a Class A Misdemeanor for anyone convicted of certain felonies to own or possess a “vicious” dog within ten years of their release from prison on that conviction.  The idea behind the law was that dogs could be used by people participating in dog fighting, or could be used as weapons against police officers or others since felons are prohibited from owning firearms.  This is a very important law to be aware of, especially if you have been convicted in Illinois of one of the specific felonies.

The law states that it is illegal to own, possess, or reside with a dog that is over 12 weeks of age if that dog is not spayed or neutered, or regardless of whether it has been spayed or neutered, if that dog is considered “vicious” under the Animal Control Act, if you have been convicted of one of the following felonies:  a forcible felony (such as murder, kidnapping, robbery, arson or sexual assault), a felony violation of the Humane Care for Animals Act, dog fighting, a violation of Article 24 of the Illinois Criminal Code (such as Unlawful Use of a Weapon, and Aggravated Discharge of a Weapon), Class 3 (or higher) convictions under the Illinois Controlled Substances Act or the Cannabis Control Act, and Class 2 (or higher) convictions under the Methamphetamine Control and Community Protection Act.  A violation of this law is considered a Class A misdemeanor.

For a dog to be considered “vicious” under the Animal Control Act, the Petitioner must show by a preponderance of evidence, that the dog is dangerous.  This is most often proven through evidence that the dog has attacked a person unprovoked.  Dogs are deemed dangerous on a case-by-case basis, and not based on its breed, because dangerousness can depend on several factors, including the dog’s upbringing and living environment.  Whether justified or not, pit bulls are the breed that is probably most widely considered to be dangerous, and are thus often the breed affected by this law. The Animal Planet show Pit Bulls and Parolees  follows a family that runs a program that helps persons recently released from prison rehabilitate pit bulls. Unfortunately, parolees in Illinois probably won’t be rehabilitating pit bulls under this law.  Football player Michael Vick was famously convicted of running a dog fighting ring out of his home in 2007 where more than 50 dogs were rescued during the investigation, with a majority of them being pit bulls.  In fact, there are numerous cities and towns throughout the country that have enacted “breed specific legislation,” making it illegal to own or possess specific breeds of dog, most commonly pit bulls or rottweilers, because of issues they may have regarding these dog breeds.  Illinois was the first state to make felons owning dogs a crime and many more states are following along with this.

Illinois’s law governing felons with dogs also makes it a requirement that any felon who owns a dog have it micro-chipped in order to be easily identified.  It also makes it a requirement for persons on parole to notify their parole officer that they live with a dog and provide proof that the dog is spayed or neutered and has been micro-chipped as a condition of release.

This summer, we wrote a blog post about the passage of an Illinois law that makes it a crime to leave your animal outside in extreme weather conditions.  Animal treatment and animal rights have become an important issue in Illinois, so be sure to stay up-to-date on the law and continue to check our blog for more important updates regarding new laws and laws you might not know about.  If someone has filed a petition to have your dog declared “vicious,” if you have recently been released from incarceration and have questions about your dog, or if you have been arrested for any crime in Illinois, do not hesitate to contact us here at LauraLaw, and one of our skilled attorneys will be happy to assist you!