By Danica Baker
Herald Staff Writer
December 06, 2005 10:38 am
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EAST MOLINE, Ill. — Illinois State Rep. Mike Boland, D-East Moline, announced Sunday that he is introducing legislation in the Illinois General Assembly that would make it a Class 4 felony if an uncontrolled and unaltered dog attacks someone and inflicts serious physical harm.
Under existing Illinois law, a dog must first be ruled by a circuit court to be vicious for a pet owner to be criminally liable for an attack. Boland’s legislative proposal is intended to help address the rising number of violent dog attacks and is being introduced with the support of the American Society for the Prevention of Cruelty to Animals.
The bill stems from the January mauling death of 14-year-old Lydia Chaplin in Erie, Ill. Chaplin was attacked near her home by a group of four dogs. Following the brutal attack, Chaplin died of her injuries and hypothermia. Chaplin’s father is a former student of Boland and asked the lawmaker to help.
“After the tragic death of his daughter, he came to me and asked that I work to strengthen vicious dog laws so that Lydia’s death would not be in vain,” Boland said in a press release.
Boland said under current Illinois law, not much can be done to vicious pet owners. He said dogs involved in an attack generally are destroyed but the owner still can go out and get another dog. Boland said the new legislation would punish irresponsible dog owners with up to one to three years in prison and levy a fine of up to $25,000.
“This really puts the responsibility where it belongs, on the human owner,” Boland said.
According to the ASPCA, there are three main factors in fatal dog attacks. The first is the reproductive status of the dog. Unaltered dogs are far more likely to bite than pets who have been spayed or neutered and females with pups have strong protective instincts, which may make them more likely to bite.
Owner responsibility is the second factor, because dogs that are allowed to run at large, as well as tethered animals who are left unattended, are far more likely to be involved in a violent attack.
Finally, the purpose of the dog is a major factor, since dogs bought as guard dogs or fighting dogs obviously pose a greater risk of violent behavior than dogs raised with more peaceful intent.
Boland said 70 percent of all dog bites come from unsterilized dogs and that all documented fatal dog attacks in Illinois have involved non-neutered animals. He added that the bill is not aimed at any specific breeds, citing the example of the 14-month-old girl in Donahue who was mauled by a Golden Retriever last month.
“I am proud to say that I have worked with the ASPCA to craft legislation that addresses the underlying causes of vicious dog attacks, focusing on solutions that stress owner responsibility and the specific factors that are common to almost all vicious dog bites,” Boland said. He said the bill has the support of various dog owner associations such as the Humane Society and Parents Against Irresponsible Dog Owners.
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