Illinois currently has no Good Samaritan law protecting individuals who rescue injured and orphaned wildlife in need. As a result, any member of the public helping an injured or orphaned wild animal by rescuing it - even if they promptly bring it to a permitted wildlife rehabilitation facility - is at risk of prosecution.

As background, a man who rescued two injured juvenile Bald Eagles whose nest was damaged in a storm that caused the nestling eagles to fall to the ground prematurely was arrested even though he promptly turned these birds over to Flint Creek Wildlife Rehabilitation, a state and federally permitted wildlife rehabilitation center, where the eagles received necessary medical care for their injuries and were raised by an adult Bald Eagle. The man that was arrested has spent 16 months defending himself against the charges only to have his trial end in a hung jury and mistrial (the charges against him are still pending while he awaits the State's Attorney's decision as to whether they will retry the case). The State’s case was possible because there is not a Good Samaritan law in Illinois that would have protected a well-intentioned individual who was trying to save the life of a wild animal in need. In fact, according the the News Tribune, the State's closing argument included Assistant LaSalle County State's Attorney Zach Milus stating “News flash: Wild animals eat other wild animals. That’s the way it works."

This could have been a cardinal, robin, hawk, squirrel or cottontail rabbit - it didn't have to be an eagle to result in prosecution under Illinois law. Almost all wildlife is protected under state or federal law and, therefore, could result in prosecution of a rescuer without a law to protect rescuers.

Of the approximately 3,400 injured and orphaned wild animals admitted to our facility for care each year, we estimate that 1,500 - 1,800 of these animals are brought in by well-intentioned and largely compassionate members of the public who are simply trying to do the right thing by helping an animal they find. Yet because none of these people are protected by an Illinois Good Samaritan law, each is similarly vulnerable to arrest and subsequent prosecution.

One could suggest that individual members of the public never rescue wildlife and always seek out and wait for the assistance of a municipal Animal Control Officer or an appropriately permitted wildlife rehabilitation facility. Many municipalities have no Animal Control Department that deals with wildlife. Given that few Illinois wildlife rehabilitation centers are funded and the rest of us operate largely or completely on donations - or even paying for expenses out of our own pockets – wildlife rehabilitation centers cannot assume the responsibility of rescuing all animals in the state currently brought to wildlife centers by members of the public.

And what about that wild animal in the middle of the road and in imminent danger of being hit by a car? Well, until we have a Good Samaritan law in Illinois it appears you are just supposed to leave it to get hit since that person who pulls the baby Mallard duckling out of the road could be fined, arrested or have their vehicle confiscated if they transport the animal - even if they transport it directly to a licensed wildlife rehabilitator.

Not only does the lack of a Good Samaritan law place well-intentioned and often unsuspecting individuals at risk of arrest, but also such arrest and subsequent prosecution uses scarce state resources that could be better spent on other issues.

We are seeking the support and leadership from our Illinois legislators to enact a Good Samaritan law for Illinois that will afford reasonable protections to those individuals that rescue injured and orphaned wildlife and who exercise reasonable care in getting that animal help in the timely fashion – which we suggest not exceed 24 hours and which we recommend not apply to chronic rescuers or to organized efforts that should be reserved for appropriately permitted individuals and organizations. Reasonable care provisions must be inherent to Good Samaritan legislation and must be clearly defined in order to prevent the Good Samaritan law from leading to abuse and misapplication of wildlife laws.

Please pass legislation in Illinois that will equitably protect our citizens who rescue wildlife and strike a balance between allowing individuals to help wildlife in need while still providing requisite protection for wildlife under wildlife laws.