Judiciary II - Criminal Law Committee
Filed: 3/20/2007
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1 | AMENDMENT TO HOUSE BILL 3614
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2 | AMENDMENT NO. ______. Amend House Bill 3614 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Humane Care for Animals Act is amended by | ||||||
5 | changing Sections 3.04 and 4.01 and by adding Section 17 as | ||||||
6 | follows:
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7 | (510 ILCS 70/3.04)
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8 | Sec. 3.04. Arrests and seizures ; penalties .
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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
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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 |
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1 | description of the condition of the companion
animal or | ||||||
2 | companion animals taken, and the time and place the companion | ||||||
3 | animal
or companion animals were taken, together with the name | ||||||
4 | of the person from
whom the companion animal or companion | ||||||
5 | animals were taken and name of the
person who claims to own the | ||||||
6 | companion animal or companion animals if different
from the | ||||||
7 | person from whom the companion animal or companion animals were
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8 | seized. He or she must at the same time deliver an inventory of | ||||||
9 | the companion
animal or companion animals taken to the court of | ||||||
10 | competent jurisdiction. The
officer must place the companion | ||||||
11 | animal or companion animals in the custody of
an animal control | ||||||
12 | or animal shelter and the agency must retain custody of the
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13 | companion animal or companion animals subject to an order of | ||||||
14 | the court
adjudicating the charges on the merits and before | ||||||
15 | which the person complained
against is required to appear for | ||||||
16 | trial. The State's Attorney may, within 14
days after the | ||||||
17 | seizure, file a "petition for forfeiture prior to trial" before
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18 | the court having criminal jurisdiction over the alleged | ||||||
19 | charges, asking for
permanent forfeiture of the companion | ||||||
20 | animals seized. The petition shall be
filed with the court, | ||||||
21 | with copies served on the impounding agency, the owner,
and | ||||||
22 | anyone claiming an interest in the animals. In a "petition for | ||||||
23 | forfeiture
prior to trial", the burden is on the prosecution to | ||||||
24 | prove by a preponderance
of the evidence that the person | ||||||
25 | arrested violated Section 3.01, 3.02, 3.03, or
4.01 of this Act | ||||||
26 | or Section 26-5 of the Criminal Code of 1961.
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1 | (b) An owner whose companion animal or companion animals | ||||||
2 | are removed by a
law enforcement officer under this Section | ||||||
3 | must be given written notice of
the circumstances of the | ||||||
4 | removal and of any legal remedies available to him
or her. The | ||||||
5 | notice must be posted at the place of seizure, or delivered to
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6 | a person residing at the place of seizure or, if the address of | ||||||
7 | the owner is
different from the address of the person from whom | ||||||
8 | the companion animal or
companion animals were seized, | ||||||
9 | delivered by registered mail to his or her last
known address.
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10 | (c) In addition to any other penalty provided by law, upon | ||||||
11 | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | ||||||
12 | court may order the convicted
person to forfeit to an animal | ||||||
13 | control or animal shelter
the animal
or animals that are the | ||||||
14 | basis of the conviction. Upon an order of
forfeiture, the | ||||||
15 | convicted person is deemed to have permanently
relinquished all | ||||||
16 | rights to the animal or animals that are the basis of the
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17 | conviction. The forfeited animal or animals shall be adopted or | ||||||
18 | humanely
euthanized. In no event may the convicted person or | ||||||
19 | anyone residing in
his or her household be permitted to adopt | ||||||
20 | the forfeited animal or animals.
The court, additionally, may | ||||||
21 | order that the convicted person and persons
dwelling in the | ||||||
22 | same household as the convicted person who conspired, aided, or
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23 | abetted in the
unlawful act that was the basis of the | ||||||
24 | conviction, or who knew or should
have known of the unlawful | ||||||
25 | act, may not own, harbor, or have custody or
control of any | ||||||
26 | other animals for a period of time that the court deems
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1 | reasonable.
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2 | (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
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3 | (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
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4 | Sec. 4.01. Animals in entertainment. This Section does not | ||||||
5 | apply when
the only animals involved are dogs. (Section 26-5 of | ||||||
6 | the Criminal Code of
1961, rather than this Section, applies | ||||||
7 | when the only animals involved are
dogs.)
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8 | (a) No person may own, capture, breed, train, or lease any | ||||||
9 | animal which he
or she knows or should know is intended for use | ||||||
10 | in any show, exhibition,
program, or other activity featuring | ||||||
11 | or otherwise involving a fight between
such animal and any | ||||||
12 | other animal or human, or the intentional killing of any
animal | ||||||
13 | for the purpose of sport, wagering, or entertainment.
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14 | (b) No person shall promote, conduct, carry on, advertise, | ||||||
15 | collect money for
or in any other manner assist or aid in the | ||||||
16 | presentation for purposes of sport,
wagering, or | ||||||
17 | entertainment, any show, exhibition, program, or other | ||||||
18 | activity
involving a fight between 2 or more animals or any | ||||||
19 | animal and human, or the
intentional killing of any animal.
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20 | (c) No person shall sell or offer for sale, ship, | ||||||
21 | transport, or otherwise
move, or deliver or receive any animal | ||||||
22 | which he or she knows or should know
has been captured, bred, | ||||||
23 | or trained, or will be used, to fight another animal
or human | ||||||
24 | or be intentionally killed, for the purpose of sport, wagering, | ||||||
25 | or
entertainment.
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1 | (d) No person shall manufacture for sale, shipment, | ||||||
2 | transportation
or delivery any device or equipment which that | ||||||
3 | person knows or should know
is intended for use in any show, | ||||||
4 | exhibition, program, or other activity
featuring or otherwise | ||||||
5 | involving a fight between 2 or more animals, or any
human and | ||||||
6 | animal, or the intentional killing of any animal for purposes | ||||||
7 | of
sport, wagering or entertainment.
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8 | (e) No person shall own, possess, sell or offer for sale, | ||||||
9 | ship,
transport, or otherwise move any equipment or device | ||||||
10 | which such person
knows or should know is intended for use in | ||||||
11 | connection with any show,
exhibition, program, or activity | ||||||
12 | featuring or otherwise involving a fight
between 2 or more | ||||||
13 | animals, or any animal and human, or the intentional
killing of | ||||||
14 | any animal for purposes of sport, wagering or entertainment.
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15 | (f) No person shall make available any site, structure, or | ||||||
16 | facility,
whether enclosed or not, which he or she knows or | ||||||
17 | should know is intended
to be used for the purpose of | ||||||
18 | conducting any show, exhibition, program, or
other activity | ||||||
19 | involving a fight between 2 or more animals, or any animal and
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20 | human, or the intentional killing of any animal.
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21 | (g) No person shall attend or otherwise patronize any show, | ||||||
22 | exhibition,
program, or other activity featuring or otherwise | ||||||
23 | involving a fight between
2 or more animals, or any animal and | ||||||
24 | human, or the intentional killing of
any animal for the | ||||||
25 | purposes of sport, wagering or entertainment.
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26 | (h) (Blank).
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1 | (i) Any animals or equipment involved in a violation of | ||||||
2 | this Section shall
be immediately seized and impounded under | ||||||
3 | Section 12 by the Department when
located at any show, | ||||||
4 | exhibition, program, or other activity featuring or
otherwise | ||||||
5 | involving an animal fight for the purposes of sport, wagering, | ||||||
6 | or
entertainment.
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7 | (j) Any vehicle or conveyance other than a common carrier | ||||||
8 | that is used
in violation of this Section shall be seized, | ||||||
9 | held, and offered for sale at
public auction by the sheriff's | ||||||
10 | department of the proper jurisdiction, and
the proceeds from | ||||||
11 | the sale shall be remitted to the general fund of the
county | ||||||
12 | where the violation took place.
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13 | (k) Any veterinarian in this State who is presented with an | ||||||
14 | animal for
treatment of injuries or wounds resulting from | ||||||
15 | fighting where there is a
reasonable possibility that the | ||||||
16 | animal was engaged in or utilized for a
fighting event for the | ||||||
17 | purposes of sport, wagering, or entertainment shall
file a | ||||||
18 | report with the Department and cooperate by furnishing the | ||||||
19 | owners'
names, dates, and descriptions of the animal or animals | ||||||
20 | involved. Any
veterinarian who in good faith complies with the | ||||||
21 | requirements of this
subsection has immunity from any | ||||||
22 | liability, civil, criminal, or otherwise,
that may result from | ||||||
23 | his or her actions. For the purposes of any proceedings,
civil | ||||||
24 | or criminal, the good faith of the veterinarian shall be | ||||||
25 | rebuttably
presumed.
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26 | (l) No person shall solicit a minor to violate this |
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1 | Section.
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2 | (m) The penalties for violations of this Section shall be | ||||||
3 | as follows:
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4 | (1) A person convicted of violating subsection (a), | ||||||
5 | (b), or (c) of this
Section or any rule, regulation, or | ||||||
6 | order of the Department pursuant thereto
is guilty of a | ||||||
7 | Class 4 felony
A misdemeanor for the first offense. A | ||||||
8 | second or
subsequent offense involving the violation of | ||||||
9 | subsection (a), (b), or (c) of
this Section or any rule, | ||||||
10 | regulation, or order of the Department pursuant
thereto is | ||||||
11 | a Class 3
4 felony.
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12 | (2) A person convicted of violating subsection (d), | ||||||
13 | (e), or (f) of this
Section or any rule, regulation, or | ||||||
14 | order of the Department pursuant thereto
is guilty of a | ||||||
15 | Class A misdemeanor for the first offense. A second or
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16 | subsequent violation is a Class 4 felony.
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17 | (3) A person convicted of violating subsection (g) of | ||||||
18 | this Section or
any rule, regulation, or order of the | ||||||
19 | Department pursuant thereto is guilty
of a Class C | ||||||
20 | misdemeanor.
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21 | (4) A person convicted of violating subsection (l) of | ||||||
22 | this Section is
guilty of a Class A misdemeanor.
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23 | (Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | ||||||
24 | eff.
7-11-02; 92-651, eff. 7-11-02; revised 11-21-02.)
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25 | (510 ILCS 70/17 new)
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1 | Sec. 17. Penalties. | ||||||
2 | (a) Any person convicted of any act of abuse or neglect
or | ||||||
3 | of violating any other provision of this Act,
for which a | ||||||
4 | penalty is not otherwise provided, or any rule, regulation, or | ||||||
5 | order of the Department pursuant thereto, is
guilty of a Class | ||||||
6 | B misdemeanor. A second or subsequent violation
is a Class 4 | ||||||
7 | felony with every day that a violation continues
constituting a | ||||||
8 | separate offense. | ||||||
9 | (b) The Department may enjoin a person from a continuing | ||||||
10 | violation of this Act.
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11 | (510 ILCS 70/16 rep.)
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12 | Section 10. The Humane Care for Animals Act is amended by | ||||||
13 | repealing Section 16.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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