|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning animals.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Humane Care for Animals Act is amended by | ||||||
5 | changing Sections 3.04, 4.01, and 4.04 and by adding Section 17 | ||||||
6 | as follows:
| ||||||
7 | (510 ILCS 70/3.04)
| ||||||
8 | Sec. 3.04. Arrests and seizures ; penalties .
| ||||||
9 | (a) Any law enforcement officer making an arrest for an | ||||||
10 | offense involving
one or more companion animals under Section | ||||||
11 | 3.01, 3.02, or 3.03 of this Act
may lawfully take possession of | ||||||
12 | some or all of the companion animals in the
possession of the | ||||||
13 | person arrested. The officer, after taking possession of the
| ||||||
14 | companion animals, must file with the court before whom the | ||||||
15 | complaint is made
against any person so arrested an affidavit | ||||||
16 | stating the name of the person
charged in the complaint, a | ||||||
17 | description of the condition of the companion
animal or | ||||||
18 | companion animals taken, and the time and place the companion | ||||||
19 | animal
or companion animals were taken, together with the name | ||||||
20 | of the person from
whom the companion animal or companion | ||||||
21 | animals were taken and name of the
person who claims to own the | ||||||
22 | companion animal or companion animals if different
from the | ||||||
23 | person from whom the companion animal or companion animals were
|
| |||||||
| |||||||
1 | seized. He or she must at the same time deliver an inventory of | ||||||
2 | the companion
animal or companion animals taken to the court of | ||||||
3 | competent jurisdiction. The
officer must place the companion | ||||||
4 | animal or companion animals in the custody of
an animal control | ||||||
5 | or animal shelter and the agency must retain custody of the
| ||||||
6 | companion animal or companion animals subject to an order of | ||||||
7 | the court
adjudicating the charges on the merits and before | ||||||
8 | which the person complained
against is required to appear for | ||||||
9 | trial. The State's Attorney may, within 14
days after the | ||||||
10 | seizure, file a "petition for forfeiture prior to trial" before
| ||||||
11 | the court having criminal jurisdiction over the alleged | ||||||
12 | charges, asking for
permanent forfeiture of the companion | ||||||
13 | animals seized. The petition shall be
filed with the court, | ||||||
14 | with copies served on the impounding agency, the owner,
and | ||||||
15 | anyone claiming an interest in the animals. In a "petition for | ||||||
16 | forfeiture
prior to trial", the burden is on the prosecution to | ||||||
17 | prove by a preponderance
of the evidence that the person | ||||||
18 | arrested violated Section 3.01, 3.02, 3.03, or
4.01 of this Act | ||||||
19 | or Section 26-5 of the Criminal Code of 1961.
| ||||||
20 | (b) An owner whose companion animal or companion animals | ||||||
21 | are removed by a
law enforcement officer under this Section | ||||||
22 | must be given written notice of
the circumstances of the | ||||||
23 | removal and of any legal remedies available to him
or her. The | ||||||
24 | notice must be posted at the place of seizure, or delivered to
| ||||||
25 | a person residing at the place of seizure or, if the address of | ||||||
26 | the owner is
different from the address of the person from whom |
| |||||||
| |||||||
1 | the companion animal or
companion animals were seized, | ||||||
2 | delivered by registered mail to his or her last
known address.
| ||||||
3 | (c) In addition to any other penalty provided by law, upon | ||||||
4 | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | ||||||
5 | court may order the convicted
person to forfeit to an animal | ||||||
6 | control or animal shelter
the animal
or animals that are the | ||||||
7 | basis of the conviction. Upon an order of
forfeiture, the | ||||||
8 | convicted person is deemed to have permanently
relinquished all | ||||||
9 | rights to the animal or animals that are the basis of the
| ||||||
10 | conviction. The forfeited animal or animals shall be adopted or | ||||||
11 | humanely
euthanized. In no event may the convicted person or | ||||||
12 | anyone residing in
his or her household be permitted to adopt | ||||||
13 | the forfeited animal or animals.
The court, additionally, may | ||||||
14 | order that the convicted person and persons
dwelling in the | ||||||
15 | same household as the convicted person who conspired, aided, or
| ||||||
16 | abetted in the
unlawful act that was the basis of the | ||||||
17 | conviction, or who knew or should
have known of the unlawful | ||||||
18 | act, may not own, harbor, or have custody or
control of any | ||||||
19 | other animals for a period of time that the court deems
| ||||||
20 | reasonable.
| ||||||
21 | (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
| ||||||
22 | (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
| ||||||
23 | Sec. 4.01. Animals in entertainment. This Section does not | ||||||
24 | apply when
the only animals involved are dogs. (Section 26-5 of | ||||||
25 | the Criminal Code of
1961, rather than this Section, applies |
| |||||||
| |||||||
1 | when the only animals involved are
dogs.)
| ||||||
2 | (a) No person may own, capture, breed, train, or lease any | ||||||
3 | animal which he
or she knows or should know is intended for use | ||||||
4 | in any show, exhibition,
program, or other activity featuring | ||||||
5 | or otherwise involving a fight between
such animal and any | ||||||
6 | other animal or human, or the intentional killing of any
animal | ||||||
7 | for the purpose of sport, wagering, or entertainment.
| ||||||
8 | (b) No person shall promote, conduct, carry on, advertise, | ||||||
9 | collect money for
or in any other manner assist or aid in the | ||||||
10 | presentation for purposes of sport,
wagering, or | ||||||
11 | entertainment, any show, exhibition, program, or other | ||||||
12 | activity
involving a fight between 2 or more animals or any | ||||||
13 | animal and human, or the
intentional killing of any animal.
| ||||||
14 | (c) No person shall sell or offer for sale, ship, | ||||||
15 | transport, or otherwise
move, or deliver or receive any animal | ||||||
16 | which he or she knows or should know
has been captured, bred, | ||||||
17 | or trained, or will be used, to fight another animal
or human | ||||||
18 | or be intentionally killed, for the purpose of sport, wagering, | ||||||
19 | or
entertainment.
| ||||||
20 | (d) No person shall manufacture for sale, shipment, | ||||||
21 | transportation
or delivery any device or equipment which that | ||||||
22 | person knows or should know
is intended for use in any show, | ||||||
23 | exhibition, program, or other activity
featuring or otherwise | ||||||
24 | involving a fight between 2 or more animals, or any
human and | ||||||
25 | animal, or the intentional killing of any animal for purposes | ||||||
26 | of
sport, wagering or entertainment.
|
| |||||||
| |||||||
1 | (e) No person shall own, possess, sell or offer for sale, | ||||||
2 | ship,
transport, or otherwise move any equipment or device | ||||||
3 | which such person
knows or should know is intended for use in | ||||||
4 | connection with any show,
exhibition, program, or activity | ||||||
5 | featuring or otherwise involving a fight
between 2 or more | ||||||
6 | animals, or any animal and human, or the intentional
killing of | ||||||
7 | any animal for purposes of sport, wagering or entertainment.
| ||||||
8 | (f) No person shall make available any site, structure, or | ||||||
9 | facility,
whether enclosed or not, which he or she knows or | ||||||
10 | should know is intended
to be used for the purpose of | ||||||
11 | conducting any show, exhibition, program, or
other activity | ||||||
12 | involving a fight between 2 or more animals, or any animal and
| ||||||
13 | human, or the intentional killing of any animal.
| ||||||
14 | (g) No person shall attend or otherwise patronize any show, | ||||||
15 | exhibition,
program, or other activity featuring or otherwise | ||||||
16 | involving a fight between
2 or more animals, or any animal and | ||||||
17 | human, or the intentional killing of
any animal for the | ||||||
18 | purposes of sport, wagering or entertainment.
| ||||||
19 | (h) (Blank).
| ||||||
20 | (i) Any animals or equipment involved in a violation of | ||||||
21 | this Section shall
be immediately seized and impounded under | ||||||
22 | Section 12 by the Department when
located at any show, | ||||||
23 | exhibition, program, or other activity featuring or
otherwise | ||||||
24 | involving an animal fight for the purposes of sport, wagering, | ||||||
25 | or
entertainment.
| ||||||
26 | (j) Any vehicle or conveyance other than a common carrier |
| |||||||
| |||||||
1 | that is used
in violation of this Section shall be seized, | ||||||
2 | held, and offered for sale at
public auction by the sheriff's | ||||||
3 | department of the proper jurisdiction, and
the proceeds from | ||||||
4 | the sale shall be remitted to the general fund of the
county | ||||||
5 | where the violation took place.
| ||||||
6 | (k) Any veterinarian in this State who is presented with an | ||||||
7 | animal for
treatment of injuries or wounds resulting from | ||||||
8 | fighting where there is a
reasonable possibility that the | ||||||
9 | animal was engaged in or utilized for a
fighting event for the | ||||||
10 | purposes of sport, wagering, or entertainment shall
file a | ||||||
11 | report with the Department and cooperate by furnishing the | ||||||
12 | owners'
names, dates, and descriptions of the animal or animals | ||||||
13 | involved. Any
veterinarian who in good faith complies with the | ||||||
14 | requirements of this
subsection has immunity from any | ||||||
15 | liability, civil, criminal, or otherwise,
that may result from | ||||||
16 | his or her actions. For the purposes of any proceedings,
civil | ||||||
17 | or criminal, the good faith of the veterinarian shall be | ||||||
18 | rebuttably
presumed.
| ||||||
19 | (l) No person shall solicit a minor to violate this | ||||||
20 | Section.
| ||||||
21 | (m) The penalties for violations of this Section shall be | ||||||
22 | as follows:
| ||||||
23 | (1) A person convicted of violating subsection (a), | ||||||
24 | (b), or (c) of this
Section or any rule, regulation, or | ||||||
25 | order of the Department pursuant thereto
is guilty of a | ||||||
26 | Class 4 felony
A misdemeanor for the first offense. A |
| |||||||
| |||||||
1 | second or
subsequent offense involving the violation of | ||||||
2 | subsection (a), (b), or (c) of
this Section or any rule, | ||||||
3 | regulation, or order of the Department pursuant
thereto is | ||||||
4 | a Class 3
4 felony.
| ||||||
5 | (2) A person convicted of violating subsection (d), | ||||||
6 | (e), or (f) of this
Section or any rule, regulation, or | ||||||
7 | order of the Department pursuant thereto
is guilty of a | ||||||
8 | Class A misdemeanor for the first offense. A second or
| ||||||
9 | subsequent violation is a Class 4 felony.
| ||||||
10 | (3) A person convicted of violating subsection (g) of | ||||||
11 | this Section or
any rule, regulation, or order of the | ||||||
12 | Department pursuant thereto is guilty
of a Class C | ||||||
13 | misdemeanor.
| ||||||
14 | (4) A person convicted of violating subsection (l) of | ||||||
15 | this Section is
guilty of a Class A misdemeanor.
| ||||||
16 | (Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | ||||||
17 | eff.
7-11-02; 92-651, eff. 7-11-02; revised 11-21-02.)
| ||||||
18 | (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
| ||||||
19 | Sec. 4.04. Injuring or killing police animals, service | ||||||
20 | animals, or search
and rescue dogs prohibited.
It shall be | ||||||
21 | unlawful for any person to willfully or maliciously torture,
| ||||||
22 | mutilate, injure, disable, poison, or kill (i) any animal used | ||||||
23 | by a law
enforcement department or agency in the performance of | ||||||
24 | the functions or duties
of the department or agency or when | ||||||
25 | placed in confinement off duty, (ii) any
service animal, (iii) |
| |||||||
| |||||||
1 | any search and rescue dog, or (iv) any law enforcement,
| ||||||
2 | service, or search and rescue animal in training. However, a | ||||||
3 | police officer or
veterinarian may perform euthanasia in | ||||||
4 | emergency situations when delay would
cause the animal undue | ||||||
5 | suffering and pain.
| ||||||
6 | A person convicted of violating this Section is guilty of a | ||||||
7 | Class 4
felony
A misdemeanor if the animal is not killed or | ||||||
8 | totally disabled; if
the animal is killed or totally disabled, | ||||||
9 | the person is guilty of a Class 3
Class 4 felony.
| ||||||
10 | (Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02; | ||||||
11 | 92-650, eff.
7-11-02; incorporates 92-723, eff. 1-1-03; | ||||||
12 | revised 10-3-02.)
| ||||||
13 | (510 ILCS 70/17 new)
| ||||||
14 | Sec. 17. Penalties. | ||||||
15 | (a) Any person convicted of any act of abuse or neglect
or | ||||||
16 | of violating any other provision of this Act,
for which a | ||||||
17 | penalty is not otherwise provided, or any rule, regulation, or | ||||||
18 | order of the Department pursuant thereto, is
guilty of a Class | ||||||
19 | B misdemeanor. A second or subsequent violation
is a Class 4 | ||||||
20 | felony with every day that a violation continues
constituting a | ||||||
21 | separate offense. | ||||||
22 | (b) The Department may enjoin a person from a continuing | ||||||
23 | violation of this Act.
| ||||||
24 | (510 ILCS 70/16 rep.)
|
| |||||||
| |||||||
1 | Section 10. The Humane Care for Animals Act is amended by | ||||||
2 | repealing Section 16.
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|