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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Humane Care for Animals Act is amended by | ||||||
5 | changing Section 4.01 as follows:
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6 | (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
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7 | Sec. 4.01. Animals in entertainment. This Section does not | ||||||
8 | apply when
the only animals involved are dogs. (Section 26-5 of | ||||||
9 | the Criminal Code of
1961, rather than this Section, applies | ||||||
10 | when the only animals involved are
dogs.)
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11 | (a) No person may own, capture, breed, train, or lease any | ||||||
12 | animal which he
or she knows or should know is intended for use | ||||||
13 | in any show, exhibition,
program, or other activity featuring | ||||||
14 | or otherwise involving a fight between
such animal and any | ||||||
15 | other animal or human, or the intentional killing of any
animal | ||||||
16 | for the purpose of sport, wagering, or entertainment.
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17 | (b) No person shall promote, conduct, carry on, advertise, | ||||||
18 | collect money for
or in any other manner assist or aid in the | ||||||
19 | presentation for purposes of sport,
wagering, or | ||||||
20 | entertainment, any show, exhibition, program, or other | ||||||
21 | activity
involving a fight between 2 or more animals or any | ||||||
22 | animal and human, or the
intentional killing of any animal.
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23 | (c) No person shall sell or offer for sale, ship, |
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1 | transport, or otherwise
move, or deliver or receive any animal | ||||||
2 | which he or she knows or should know
has been captured, bred, | ||||||
3 | or trained, or will be used, to fight another animal
or human | ||||||
4 | or be intentionally killed, for the purpose of sport, wagering, | ||||||
5 | or
entertainment.
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6 | (d) No person shall manufacture for sale, shipment, | ||||||
7 | transportation
or delivery any device or equipment which that | ||||||
8 | person knows or should know
is intended for use in any show, | ||||||
9 | exhibition, program, or other activity
featuring or otherwise | ||||||
10 | involving a fight between 2 or more animals, or any
human and | ||||||
11 | animal, or the intentional killing of any animal for purposes | ||||||
12 | of
sport, wagering or entertainment.
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13 | (e) No person shall own, possess, sell or offer for sale, | ||||||
14 | ship,
transport, or otherwise move any equipment or device | ||||||
15 | which such person
knows or should know is intended for use in | ||||||
16 | connection with any show,
exhibition, program, or activity | ||||||
17 | featuring or otherwise involving a fight
between 2 or more | ||||||
18 | animals, or any animal and human, or the intentional
killing of | ||||||
19 | any animal for purposes of sport, wagering or entertainment.
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20 | (f) No person shall make available any site, structure, or | ||||||
21 | facility,
whether enclosed or not, which he or she knows or | ||||||
22 | should know is intended
to be used for the purpose of | ||||||
23 | conducting any show, exhibition, program, or
other activity | ||||||
24 | involving a fight between 2 or more animals, or any animal and
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25 | human, or the intentional killing of any animal.
| ||||||
26 | (g) No person shall knowingly attend or otherwise patronize |
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1 | any show, exhibition,
program, or other activity featuring or | ||||||
2 | otherwise involving a fight between
2 or more animals, or any | ||||||
3 | animal and human, or the intentional killing of
any animal for | ||||||
4 | the purposes of sport, wagering or entertainment.
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5 | (h) (Blank).
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6 | (i) Any animals or equipment involved in a violation of | ||||||
7 | this Section shall
be immediately seized and impounded under | ||||||
8 | Section 12 by the Department when
located at any show, | ||||||
9 | exhibition, program, or other activity featuring or
otherwise | ||||||
10 | involving an animal fight for the purposes of sport, wagering, | ||||||
11 | or
entertainment.
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12 | (j) Any vehicle or conveyance other than a common carrier | ||||||
13 | that is used
in violation of this Section shall be seized, | ||||||
14 | held, and offered for sale at
public auction by the sheriff's | ||||||
15 | department of the proper jurisdiction, and
the proceeds from | ||||||
16 | the sale shall be remitted to the general fund of the
county | ||||||
17 | where the violation took place.
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18 | (k) Any veterinarian in this State who is presented with an | ||||||
19 | animal for
treatment of injuries or wounds resulting from | ||||||
20 | fighting where there is a
reasonable possibility that the | ||||||
21 | animal was engaged in or utilized for a
fighting event for the | ||||||
22 | purposes of sport, wagering, or entertainment shall
file a | ||||||
23 | report with the Department and cooperate by furnishing the | ||||||
24 | owners'
names, dates, and descriptions of the animal or animals | ||||||
25 | involved. Any
veterinarian who in good faith complies with the | ||||||
26 | requirements of this
subsection has immunity from any |
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1 | liability, civil, criminal, or otherwise,
that may result from | ||||||
2 | his or her actions. For the purposes of any proceedings,
civil | ||||||
3 | or criminal, the good faith of the veterinarian shall be | ||||||
4 | rebuttably
presumed.
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5 | (l) No person shall solicit a minor to violate this | ||||||
6 | Section.
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7 | (m) The penalties for violations of this Section shall be | ||||||
8 | as follows:
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9 | (1) A person convicted of violating subsection (a), | ||||||
10 | (b), or (c) of this
Section or any rule, regulation, or | ||||||
11 | order of the Department pursuant thereto
is guilty of a | ||||||
12 | Class 4 felony for the first offense. A second or
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13 | subsequent offense involving the violation of subsection | ||||||
14 | (a), (b), or (c) of
this Section or any rule, regulation, | ||||||
15 | or order of the Department pursuant
thereto is a Class 3 | ||||||
16 | felony.
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17 | (2) A person convicted of violating subsection (d), | ||||||
18 | (e), or (f) of this
Section or any rule, regulation, or | ||||||
19 | order of the Department pursuant thereto
is guilty of a | ||||||
20 | Class 4 felony A misdemeanor for the first offense. A | ||||||
21 | second or
subsequent violation is a Class 3 4 felony.
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22 | (3) A person convicted of violating subsection (g) of | ||||||
23 | this Section or
any rule, regulation, or order of the | ||||||
24 | Department pursuant thereto is guilty
of a Class A | ||||||
25 | misdemeanor for which the person shall complete 20 hours of | ||||||
26 | community service for the first offense. A second or
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1 | subsequent violation is a Class 4 felony C misdemeanor .
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2 | (4) A person convicted of violating subsection (l) of | ||||||
3 | this Section is
guilty of a Class 4 felony for the first | ||||||
4 | offense. A second or
subsequent violation is a Class 3 | ||||||
5 | felony A misdemeanor .
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6 | (Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07.)
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7 | Section 10. The Criminal Code of 1961 is amended by | ||||||
8 | changing Section 26-5 as follows:
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9 | (720 ILCS 5/26-5)
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10 | Sec. 26-5. Dog fighting. (For other provisions that may | ||||||
11 | apply to dog
fighting, see the Humane Care for Animals Act. For | ||||||
12 | provisions similar to this
Section that apply to animals other | ||||||
13 | than dogs, see in particular Section 4.01
of the Humane Care | ||||||
14 | for Animals Act.)
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15 | (a) No person may own, capture, breed, train, or lease any
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16 | dog which he or she knows is intended for use in any
show, | ||||||
17 | exhibition, program, or other activity featuring or otherwise
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18 | involving a fight between the dog and any other animal or | ||||||
19 | human, or the
intentional killing of any dog for the purpose of | ||||||
20 | sport, wagering, or
entertainment.
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21 | (b) No person may promote, conduct, carry on, advertise,
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22 | collect money for or in any other manner assist or aid in the
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23 | presentation for purposes of sport, wagering, or entertainment | ||||||
24 | of
any show, exhibition, program, or other activity involving
a |
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1 | fight between 2 or more dogs or any dog and human,
or the | ||||||
2 | intentional killing of any dog.
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3 | (c) No person may sell or offer for sale, ship, transport,
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4 | or otherwise move, or deliver or receive any dog which he or | ||||||
5 | she
knows has been captured, bred, or trained, or will be used,
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6 | to fight another dog or human or be intentionally killed for
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7 | purposes of sport, wagering, or entertainment.
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8 | (c-5) No person may solicit a minor to violate this | ||||||
9 | Section.
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10 | (d) No person may manufacture for sale, shipment, | ||||||
11 | transportation,
or delivery any device or equipment which he or | ||||||
12 | she knows or should know
is intended for use in any show, | ||||||
13 | exhibition, program, or other activity
featuring or otherwise | ||||||
14 | involving a fight between 2 or more dogs, or any
human and dog, | ||||||
15 | or the intentional killing of any dog for purposes of
sport, | ||||||
16 | wagering, or entertainment.
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17 | (e) No person may own, possess, sell or offer for sale, | ||||||
18 | ship,
transport, or otherwise move any equipment or device | ||||||
19 | which he or she
knows or should know is intended for use in | ||||||
20 | connection with any show,
exhibition, program, or activity | ||||||
21 | featuring or otherwise involving a fight
between 2 or more | ||||||
22 | dogs, or any dog and human, or the intentional
killing of any | ||||||
23 | dog for purposes of sport, wagering or entertainment.
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24 | (f) No person may knowingly make available any site, | ||||||
25 | structure, or
facility, whether enclosed or not, that he or she | ||||||
26 | knows is intended to be
used for the purpose of conducting any |
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1 | show, exhibition, program, or other
activity involving a fight | ||||||
2 | between 2 or more dogs, or any dog and human, or the
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3 | intentional killing of any dog or knowingly manufacture, | ||||||
4 | distribute, or
deliver fittings to be used in a fight between 2 | ||||||
5 | or more dogs or a dog and
human.
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6 | (g) No person may knowingly attend or otherwise patronize | ||||||
7 | any show, exhibition,
program, or other activity featuring or | ||||||
8 | otherwise involving a fight between
2 or more dogs, or any dog | ||||||
9 | and human, or the intentional killing of
any dog for purposes | ||||||
10 | of sport, wagering, or entertainment.
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11 | (h) No person may tie or attach or fasten any live animal | ||||||
12 | to any
machine or device propelled by any power for the purpose | ||||||
13 | of causing the
animal to be pursued by a dog or dogs. This | ||||||
14 | subsection (h) applies only
when the dog is intended to be used | ||||||
15 | in a dog fight.
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16 | (i) Penalties for violations of this Section shall be as | ||||||
17 | follows:
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18 | (1) Any person convicted of violating subsection (a), | ||||||
19 | (b), or (c)
of this Section is guilty of a Class
4 felony | ||||||
20 | for a first violation and a
Class
3 felony for a second or | ||||||
21 | subsequent violation, and may be fined an
amount not to | ||||||
22 | exceed $50,000.
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23 | (1.5) A person who knowingly owns a dog for fighting | ||||||
24 | purposes or for
producing a fight between 2 or more dogs or | ||||||
25 | a dog and human or who knowingly
offers for sale or sells a | ||||||
26 | dog bred for fighting is guilty of a Class
3 felony
and may |
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1 | be fined an amount not to exceed $50,000, if the dog | ||||||
2 | participates
in a dogfight and any of the following factors | ||||||
3 | is present:
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4 | (i) the dogfight is performed in the presence of a | ||||||
5 | person under 18
years of age;
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6 | (ii) the dogfight is performed for the purpose of | ||||||
7 | or in the presence
of illegal wagering activity; or
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8 | (iii) the dogfight is performed in furtherance of | ||||||
9 | streetgang related
activity as defined in Section 10 of | ||||||
10 | the Illinois Streetgang Terrorism Omnibus
Prevention | ||||||
11 | Act.
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12 | (1.7) A person convicted of violating subsection (c-5) | ||||||
13 | of this Section
is guilty of a Class 4 felony.
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14 | (2) Any person convicted of violating subsection (d) or | ||||||
15 | (e) of this
Section is guilty of a
Class 4 felony A | ||||||
16 | misdemeanor for a first violation.
A second or subsequent | ||||||
17 | violation of subsection (d) or (e) of this Section
is a | ||||||
18 | Class
3 felony.
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19 | (2.5) Any person convicted of violating subsection (f) | ||||||
20 | of this Section
is guilty of a Class
4 felony.
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21 | (3) Any person convicted of violating subsection (g) of | ||||||
22 | this Section
is guilty of a Class A misdemeanor for which | ||||||
23 | the person shall complete 20 hours of community service for | ||||||
24 | a first violation. A second or
subsequent violation of | ||||||
25 | subsection (g) of this Section is a Class 4 felony. If a | ||||||
26 | person under 13 years of age is present at any show, |
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1 | exhibition,
program, or other activity prohibited in | ||||||
2 | subsection (g), the parent, legal guardian, or other person | ||||||
3 | who is 18 years of age or older who brings that person | ||||||
4 | under 13 years of age to that show, exhibition, program, or | ||||||
5 | other activity is guilty of a Class 4 felony for a first | ||||||
6 | violation and a Class 3 felony for a second or subsequent | ||||||
7 | violation.
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8 | (j) Any dog or equipment involved in a violation of this | ||||||
9 | Section shall
be immediately seized and impounded under Section | ||||||
10 | 12 of the Humane Care for
Animals Act when located at any show, | ||||||
11 | exhibition, program, or other activity
featuring or otherwise | ||||||
12 | involving a dog fight for the purposes of sport,
wagering, or | ||||||
13 | entertainment.
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14 | (k) Any vehicle or conveyance other than a common carrier | ||||||
15 | that is used
in violation of this Section shall be seized, | ||||||
16 | held, and offered for sale at
public auction by the sheriff's | ||||||
17 | department of the proper jurisdiction, and
the proceeds from | ||||||
18 | the sale shall be remitted to the general fund of the
county | ||||||
19 | where the violation took place.
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20 | (l) Any veterinarian in this State who is presented with a | ||||||
21 | dog for treatment
of injuries or wounds resulting from fighting | ||||||
22 | where there is a reasonable
possibility that the dog was | ||||||
23 | engaged in or utilized for a fighting event for
the purposes of | ||||||
24 | sport, wagering, or entertainment shall file a report with the
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25 | Department of Agriculture and cooperate by furnishing the | ||||||
26 | owners' names, dates,
and descriptions of the dog or dogs |
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1 | involved. Any veterinarian who in good
faith complies with the | ||||||
2 | requirements of this subsection has immunity from any
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3 | liability, civil, criminal, or otherwise, that may result from | ||||||
4 | his or her
actions. For the purposes of any proceedings, civil | ||||||
5 | or criminal, the good
faith of the veterinarian shall be | ||||||
6 | rebuttably presumed.
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7 | (m) In addition to any other penalty provided by law, upon | ||||||
8 | conviction for
violating this Section, the court may order that | ||||||
9 | the convicted person and
persons dwelling in the same household | ||||||
10 | as the convicted person who conspired,
aided, or abetted in the | ||||||
11 | unlawful act that was the basis of the conviction,
or who knew | ||||||
12 | or should have known of the unlawful act, may not own, harbor, | ||||||
13 | or
have custody or control of any dog or other animal for a | ||||||
14 | period of time that
the court deems reasonable.
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15 | (n) A violation of subsection (a) of this Section may be | ||||||
16 | inferred from evidence that the accused possessed any device or | ||||||
17 | equipment described in subsection (d), (e), or (h) of this | ||||||
18 | Section, and also possessed any dog.
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19 | (o) When no longer required for investigations or court | ||||||
20 | proceedings relating to the events described or depicted | ||||||
21 | therein, evidence relating to convictions for violations of | ||||||
22 | this Section shall be retained and made available for use in | ||||||
23 | training peace officers in detecting and identifying | ||||||
24 | violations of this Section. Such evidence shall be made | ||||||
25 | available upon request to other law enforcement agencies and to | ||||||
26 | schools certified under the Illinois Police Training Act.
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1 | (Source: P.A. 94-820, eff. 1-1-07.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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