This chapter concerns laws preventing the transmission and control of rabies and other zoonotic diseases. Section Further, the owner of an animal that bites or otherwise possibly transmitted rabies or any zoonotic disease shall be liable to an injured party for all damages done by the animal. These Mississippi statutes comprise the state's dog laws. Included are provisions relating to hunting with dogs, local dog ordinances, and liability of owners for damage done by dogs. This Montana statute provides that the owner of any dog which shall without provocation bite any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, located within an incorporated city or town shall be liable for such damages as may be suffered by the person bitten regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
Illinois State Adoption Assistance Program
These Montana statutes comprise the state's dog laws. These North Carolina statutes comprise the state's dangerous dog and dog bite laws. Another statute provides that any person brought to receive medical treatment for a dog bite must report it to the local health director and the animal must be confined for a ten day observation period.
If no owner comes to claim the dog, it may be destroyed within 15 days after publication. These North Carolina statutes comprise the state's dog laws. Among the provisions include pet shop provisions, rabies vaccination laws, and the dangerous dog chapter. These statutes comprise North Dakota's dog laws. Among the provisions include municipal powers to regulate dogs, rabies, control laws, provisions that define dogs as a public nuisance, and laws concerning dogs that harass big game or livestock.
Illinois Wildlife and Natural Resources Laws Annotated
These Nebraska statutes outline the state's dangerous dog laws. Among the provisions include a requirement that the dog must be restrained when not in a secure enclosure on the owner's property. There is also a requirement that owners must post warning signs on the property notifying people that a dangerous dog is present. If a dangerous dog bites a person, the owner can be found guilty of a Class IV misdemeanor and the dog will be destroyed. These Nebraska statutes comprise the state's dog laws. Among the provisions include the municipal authority to regulate dogs at large and licensing, rabies control, and dangerous dog laws.
Laws & Rules
The set of laws relating to commercial pet dealers and breeders is also provided. Under this section, a dog is considered to be a nuisance, a menace, or vicious to persons or to property if it is "at large," if it barks for sustained periods, if it chases cars continuously, or if it growls, snaps at or bites persons. If a dog bites a person and breaks the skin, the animal control officer must inform the victim whether the dog was vaccinated against rabies within 24 hours.
These New Hampshire statutes comprise the state's dog laws. This section of laws comprises New Hampshire's wolf-dog hybrid act. Under the law, no person shall sell or resell, offer for sale or resale, or release or cause to be released a wolf hybrid in the state of New Hampshire. A person may temporarily import a wolf hybrid provided that he or she shows proof of spaying or neutering and has accurate vaccination records. Each wolf hybrid shall be under the physical control of the owner or confined in an enclosure or structure sufficient to prohibit escape.
Any person in violation of this chapter or any rule adopted under this chapter shall be guilty of a class A misdemeanor. See also link to Import, Possession, or Release of Wildlife. ID - Dog License - Chapter IL - Dog Bite - Chapter Remittance of fees; Animal Control Fund; use of fund; self-insurance I. IN - Dog Ordinances - Chapter 1. Liability for Dog Bites I. LA - Dog Bite - Art. Damage caused by animals. LA - Dog Dangerous - Chapter 1. Criminal Code. The purpose of this law is to prevent aggression against people and their property by prohibiting the possession of dangerous dogs.
Possession of dangerous dogs is allowed with prior authorization, obtaining a license, and compliance with safety measures established in this law. MD - Ordinances - Article Political Subdivisions--Miscellaneous Provisions. The laws provide that the county commissioners, by ordinance, may provide for a comprehensive system for the regulation of domestic animals, including dogs, and wild animals held in captivity, within the county, including licensing and control.
What Is Adoption Subsidy?
Also included are provisions for the impoundment and disposal of unlicensed or dangerous dogs and provisions for the regulation of persons who own or keep any animal which disturbs the peace. MI - Dangerous - Chapter Animal Industry. Dangerous Animals. MI - Dog Bite - Chapter Michigan Penal Code.
The Michigan Penal Code. MI - Exotic Pets - Chapter MO - Rabies - Chapter Protection Against Rabies V. MS - Dangerous Animal - Chapter 3. Crimes Against the Person. Code Ann. MT - Bite - Chapter 1. Availability of Remedies--Liability. MCA This Montana statute provides that the owner of any dog which shall without provocation bite any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, located within an incorporated city or town shall be liable for such damages as may be suffered by the person bitten regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
MT - Dogs - Consolidated Dog Laws MCA to ; to ; to ; ; to ; ; ; These Montana statutes comprise the state's dog laws. NC - Dangerous Dog - Chapter Article 1A. Dangerous Dogs. NC - Dangerous Dogs - Chapter Dogs N. Local ordinances N. NH - Dog Bite - Chapter Dogs and Cats.
Wolf Hybrids N. NJ - Dog Bite - Chapter Given the timing of defendants' challenges to the charging instruments, the defendants were not required to show that they were prejudiced by the defects in the charging instruments. Accordingly, the trial courts properly dismissed the charging instruments against defendants for failure to comply with the pleading requirements of section The State claims that a departure from stare decisis is warranted because: the law holding that a victim's identity is an essential allegation is poorly reasoned and arbitrary; online court records subject victims to widespread public disclosure and potential invasions of privacy; and identifying the victim in a charging instrument is unnecessary to provide defendants with notice and to safeguard against double jeopardy.
Mihelcic, Ill. George, Ill. Rendelman, Ill. When a question has been deliberately examined and decided, the question should be considered settled and closed to further argument. Williams, Ill. Stare decisis is the means by which courts ensure that the law will develop in a principled and intelligible fashion, and will not merely change erratically. Chicago Bar Ass'n v. Illinois State Board of Elections, Ill.
The Illinois Supreme Court has interpreted section as requiring an indictment charging an offense either against persons or property to state the name of the person or property injured, if known. When the legislature chooses not to amend a statute following a judicial construction, it will be presumed that the legislature has acquiesced in the court's statement of the legislative intent. Blount v. Stroud, Ill. That presumption, however, is a jurisprudential principle, and not a rule of law.
Act eff. That amendment, which added section a-5 , would be completely unnecessary if the identity of the victim was not an element of an offense against a person. Section a-5 acknowledges that a charge concerning an offense against a person, specifically an offense involving an illegal sexual act, must state the identity of the victim.
The legislature therefore provided alternative methods of identification with regard to such offenses. Considerations of stare decisis weigh more heavily in the area of statutory construction than in the common law because a departure from a statutory construction "amounts to an amendment of the statute itself rather than simply a change in the thinking of the judiciary with respect to common law concepts which are properly under its control.
Celotex Corp. Vitro, Ill. Any departure from stare decisis must be specially justified, and prior decisions should not be overruled absent good cause or compelling reasons. Good cause exists "when governing decisions are unworkable or badly reasoned. Colon, Ill. As noted, the State claims that departure from stare decisis is warranted because the case law holding that a victim's identity is an essential allegation of a charging instrument is poorly reasoned and arbitrary.
The State's argument on this point is difficult to follow. The State asserts that a finding that the identification of the victim in a charging instrument is a formality that may be amended pursuant to section contradicts the holding that the identity of the victim is an essential allegation in the charging instrument. The State does not further develop this argument. The State is incorrect.
Defendants note that in , well before the enactment of section , the Illinois Supreme Court found "it is well settled, that, in indictments for offences against the persons or property of individuals, the Christian and sur-names of the parties injured, must be stated, if the injured party be known. People, 2 Ill. That holding has been consistently reaffirmed. See People v. Novotny, Ill. Smith, Ill. Allen, Ill. Flaherty, Ill. Cheney, Ill. Nelson, 17 Ill. As discussed, section did not expressly state that a charging instrument must state the name of the person or property injured when the indictment charges an offense against persons or property.
However, when statutes are enacted after judicial opinions are published, it must be presumed that the legislature acted with knowledge of the prevailing case law. Burrell v. Southern Truss, Ill. That the legislature acted with knowledge of the prevailing law is confirmed by section a As discussed, supra, section a-5 recognizes an offense against a person, in that instance an offense involving an illegal sexual act, must state the identity of the victim. We cannot say that years of case law, which includes more than 50 years of statutory construction, can be considered poorly reasoned and arbitrary precedent.
The discussion of the liberalization of criminal pleading in the Jones court, however, was directed to its finding that the misstatement of the victim's identity in the indictment was a formal defect that could be amended. Jones did not hold that the identity of the victim need not be included in a charging instrument alleging an offense against persons or property, nor did Jones diminish the importance of the charging instrument. As explained in People v. Meyers, Ill. Baldwin, Ill. The State's general claims of "antiquated formalities" do not establish good cause or compelling reasons to abandon precedent.
We decline to do so, as we see no reason to depart from well-established precedent in order to adopt the State's position. In addition, as discussed, in enacting section a-5 , the legislature recently reaffirmed that the identity of the victim is an element of an offense against a person. Adopting the State's position would render section a-5 void. This court must avoid an interpretation that would render any portion of a statute meaningless or void. Sylvester v. Industrial Comm'n, Ill. The State notes that a departure from stare decisis is warranted when following a settled rule of law "is likely to result in serious detriment prejudicial to public interests.
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The State claims that identification of the minor victims' names in the charging instruments, which are available to the public, would violate the minors' rights to privacy and potentially subject them to ridicule or embarrassment. The State further contends that use of the minor victims' initials in the charging instruments would not adequately protect the victims' privacy. The State maintains that a minor victim must be identified only as a "minor" in a charging instrument in order to shield the minor victim from harmful public exposure and to protect the minor's privacy interests.
The State notes that section a-5 provides that if a charging instrument alleges an offense involving an illegal sexual act, the charging instrument can identify the victim by name, by initials, or by description. The State argues that permitting the use of initials or other description to identify the victims of sexual assault in a charging instrument demonstrates that flexibility of the pleading requirements in section a is justified to protect the privacy interests of vulnerable victims.
Although section a-5 allows identification of a victim of an illegal sexual act by name, initials or description, section a-5 does not state that there need not be any identification of the victim whatsoever, which is the State's position. Rather, the legislature deemed the alternatives set forth in section a-5 sufficient to protect a victim, while also protecting a defendant's rights.
In discussing House Bill , which added section a-5 , Representative Cassidy explained:.
As noted, in this case, the State refused to amend the charging instruments at issue to state the name of the victims, the initials of the victims, or any description at all other than "a minor. Seigfried, Ill. Because the State failed to amend the charging instruments to strictly comply with section prior to trial, the trial courts properly dismissed those charging instruments. Moreover, the State has failed to set forth any good cause or compelling reason to justify departing from stare decisis in these cases.
For these reasons, the judgment of the appellate court is affirmed. Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case. Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
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