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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3614
Introduced 2/28/2007, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED:
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510 ILCS 70/4.01 |
from Ch. 8, par. 704.01 |
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Amends the Humane Care for Animals Act. Increases the penalty for the violation of certain provisions concerning animal fighting from a Class A misdemeanor to a Class 4 felony for the first offense and from a Class 4 felony to a Class 3 felony for second or subsequent offenses. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3614 |
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LRB095 08978 CMK 31755 b |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Humane Care for Animals Act is amended by |
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| changing Section 4.01 as follows:
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| (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
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| Sec. 4.01. Animals in entertainment. This Section does not |
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| apply when
the only animals involved are dogs. (Section 26-5 of |
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| the Criminal Code of
1961, rather than this Section, applies |
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| when the only animals involved are
dogs.)
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| (a) No person may own, capture, breed, train, or lease any |
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| animal which he
or she knows or should know is intended for use |
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| in any show, exhibition,
program, or other activity featuring |
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| or otherwise involving a fight between
such animal and any |
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| other animal or human, or the intentional killing of any
animal |
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| for the purpose of sport, wagering, or entertainment.
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| (b) No person shall promote, conduct, carry on, advertise, |
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| collect money for
or in any other manner assist or aid in the |
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| presentation for purposes of sport,
wagering, or |
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| entertainment, any show, exhibition, program, or other |
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| activity
involving a fight between 2 or more animals or any |
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| animal and human, or the
intentional killing of any animal.
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| (c) No person shall sell or offer for sale, ship, |
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HB3614 |
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LRB095 08978 CMK 31755 b |
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| transport, or otherwise
move, or deliver or receive any animal |
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| which he or she knows or should know
has been captured, bred, |
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| or trained, or will be used, to fight another animal
or human |
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| or be intentionally killed, for the purpose of sport, wagering, |
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| or
entertainment.
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| (d) No person shall manufacture for sale, shipment, |
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| transportation
or delivery any device or equipment which that |
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| person knows or should know
is intended for use in any show, |
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| exhibition, program, or other activity
featuring or otherwise |
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| involving a fight between 2 or more animals, or any
human and |
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| animal, or the intentional killing of any animal for purposes |
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| of
sport, wagering or entertainment.
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| (e) No person shall own, possess, sell or offer for sale, |
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| ship,
transport, or otherwise move any equipment or device |
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| which such person
knows or should know is intended for use in |
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| connection with any show,
exhibition, program, or activity |
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| featuring or otherwise involving a fight
between 2 or more |
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| animals, or any animal and human, or the intentional
killing of |
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| any animal for purposes of sport, wagering or entertainment.
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| (f) No person shall make available any site, structure, or |
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| facility,
whether enclosed or not, which he or she knows or |
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| should know is intended
to be used for the purpose of |
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| conducting any show, exhibition, program, or
other activity |
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| involving a fight between 2 or more animals, or any animal and
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| human, or the intentional killing of any animal.
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| (g) No person shall attend or otherwise patronize any show, |
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HB3614 |
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LRB095 08978 CMK 31755 b |
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| exhibition,
program, or other activity featuring or otherwise |
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| involving a fight between
2 or more animals, or any animal and |
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| human, or the intentional killing of
any animal for the |
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| purposes of sport, wagering or entertainment.
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| (h) (Blank).
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| (i) Any animals or equipment involved in a violation of |
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| this Section shall
be immediately seized and impounded under |
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| Section 12 by the Department when
located at any show, |
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| exhibition, program, or other activity featuring or
otherwise |
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| involving an animal fight for the purposes of sport, wagering, |
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| or
entertainment.
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| (j) Any vehicle or conveyance other than a common carrier |
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| that is used
in violation of this Section shall be seized, |
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| held, and offered for sale at
public auction by the sheriff's |
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| department of the proper jurisdiction, and
the proceeds from |
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| the sale shall be remitted to the general fund of the
county |
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| where the violation took place.
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| (k) Any veterinarian in this State who is presented with an |
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| animal for
treatment of injuries or wounds resulting from |
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| fighting where there is a
reasonable possibility that the |
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| animal was engaged in or utilized for a
fighting event for the |
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| purposes of sport, wagering, or entertainment shall
file a |
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| report with the Department and cooperate by furnishing the |
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| owners'
names, dates, and descriptions of the animal or animals |
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| involved. Any
veterinarian who in good faith complies with the |
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| requirements of this
subsection has immunity from any |
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LRB095 08978 CMK 31755 b |
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| liability, civil, criminal, or otherwise,
that may result from |
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| his or her actions. For the purposes of any proceedings,
civil |
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| or criminal, the good faith of the veterinarian shall be |
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| rebuttably
presumed.
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| (l) No person shall solicit a minor to violate this |
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| Section.
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| (m) The penalties for violations of this Section shall be |
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| as follows:
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| (1) A person convicted of violating subsection (a), |
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| (b), or (c) of this
Section or any rule, regulation, or |
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| order of the Department pursuant thereto
is guilty of a |
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| Class 4 felony
A misdemeanor for the first offense. A |
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| second or
subsequent offense involving the violation of |
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| subsection (a), (b), or (c) of
this Section or any rule, |
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| regulation, or order of the Department pursuant
thereto is |
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| a Class 3
4 felony.
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| (2) A person convicted of violating subsection (d), |
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| (e), or (f) of this
Section or any rule, regulation, or |
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| order of the Department pursuant thereto
is guilty of a |
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| Class A misdemeanor for the first offense. A second or
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| subsequent violation is a Class 4 felony.
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| (3) A person convicted of violating subsection (g) of |
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| this Section or
any rule, regulation, or order of the |
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| Department pursuant thereto is guilty
of a Class C |
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| misdemeanor.
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| (4) A person convicted of violating subsection (l) of |