95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4857

 

Introduced , by Rep. Robert S. Molaro

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/4.01   from Ch. 8, par. 704.01
720 ILCS 5/26-5

    Amends the Humane Care for Animals Act. In provisions prohibiting animal fighting, other than fighting where the only animals involved are dogs, and fighting between an animal and a human, increases certain criminal penalties. Amends the Criminal Code of 1961. In provisions prohibiting dog fighting, increases certain criminal penalties. Effective immediately.


LRB095 16271 RLC 45434 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4857 LRB095 16271 RLC 45434 b

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 Section 4.01 as follows:
 
6     (510 ILCS 70/4.01)  (from Ch. 8, par. 704.01)
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.)
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.
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.
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.
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.
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.
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
25 human, or the intentional killing of any animal.
26     (g) No person shall attend or otherwise patronize any show,

 

 

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1 exhibition, program, or other activity featuring or otherwise
2 involving a fight between 2 or more animals, or any animal and
3 human, or the intentional killing of any animal for the
4 purposes of sport, wagering or entertainment.
5     (h) (Blank).
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.
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.
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.
5     (l) No person shall solicit a minor to violate this
6 Section.
7     (m) The penalties for violations of this Section shall be
8 as follows:
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
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.
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.
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 4 felony
25     for the first offense. A second or subsequent violation is
26     a Class 3 felony C misdemeanor.

 

 

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1         (4) A person convicted of violating subsection (l) of
2     this Section is guilty of a Class 4 felony for the first
3     offense. A second or subsequent violation is a Class 3
4     felony A misdemeanor.
5 (Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07.)
 
6     Section 10. The Criminal Code of 1961 is amended by
7 changing Section 26-5 as follows:
 
8     (720 ILCS 5/26-5)
9     Sec. 26-5. Dog fighting. (For other provisions that may
10 apply to dog fighting, see the Humane Care for Animals Act. For
11 provisions similar to this Section that apply to animals other
12 than dogs, see in particular Section 4.01 of the Humane Care
13 for Animals Act.)
14     (a) No person may own, capture, breed, train, or lease any
15 dog which he or she knows is intended for use in any show,
16 exhibition, program, or other activity featuring or otherwise
17 involving a fight between the dog and any other animal or
18 human, or the intentional killing of any dog for the purpose of
19 sport, wagering, or entertainment.
20     (b) No person may promote, conduct, carry on, advertise,
21 collect money for or in any other manner assist or aid in the
22 presentation for purposes of sport, wagering, or entertainment
23 of any show, exhibition, program, or other activity involving a
24 fight between 2 or more dogs or any dog and human, or the

 

 

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1 intentional killing of any dog.
2     (c) No person may sell or offer for sale, ship, transport,
3 or otherwise move, or deliver or receive any dog which he or
4 she knows has been captured, bred, or trained, or will be used,
5 to fight another dog or human or be intentionally killed for
6 purposes of sport, wagering, or entertainment.
7     (c-5) No person may solicit a minor to violate this
8 Section.
9     (d) No person may manufacture for sale, shipment,
10 transportation, or delivery any device or equipment which he or
11 she knows or should know is intended for use in any show,
12 exhibition, program, or other activity featuring or otherwise
13 involving a fight between 2 or more dogs, or any human and dog,
14 or the intentional killing of any dog for purposes of sport,
15 wagering, or entertainment.
16     (e) No person may own, possess, sell or offer for sale,
17 ship, transport, or otherwise move any equipment or device
18 which he or she knows or should know is intended for use in
19 connection with any show, exhibition, program, or activity
20 featuring or otherwise involving a fight between 2 or more
21 dogs, or any dog and human, or the intentional killing of any
22 dog for purposes of sport, wagering or entertainment.
23     (f) No person may knowingly make available any site,
24 structure, or facility, whether enclosed or not, that he or she
25 knows is intended to be used for the purpose of conducting any
26 show, exhibition, program, or other activity involving a fight

 

 

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1 between 2 or more dogs, or any dog and human, or the
2 intentional killing of any dog or knowingly manufacture,
3 distribute, or deliver fittings to be used in a fight between 2
4 or more dogs or a dog and human.
5     (g) No person may attend or otherwise patronize any show,
6 exhibition, program, or other activity featuring or otherwise
7 involving a fight between 2 or more dogs, or any dog and human,
8 or the intentional killing of any dog for purposes of sport,
9 wagering, or entertainment.
10     (h) No person may tie or attach or fasten any live animal
11 to any machine or device propelled by any power for the purpose
12 of causing the animal to be pursued by a dog or dogs. This
13 subsection (h) applies only when the dog is intended to be used
14 in a dog fight.
15     (i) Penalties for violations of this Section shall be as
16 follows:
17         (1) Any person convicted of violating subsection (a),
18     (b), or (c) of this Section is guilty of a Class 4 felony
19     for a first violation and a Class 3 felony for a second or
20     subsequent violation, and may be fined an amount not to
21     exceed $50,000.
22         (1.5) A person who knowingly owns a dog for fighting
23     purposes or for producing a fight between 2 or more dogs or
24     a dog and human or who knowingly offers for sale or sells a
25     dog bred for fighting is guilty of a Class 3 felony and may
26     be fined an amount not to exceed $50,000, if the dog

 

 

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1     participates in a dogfight and any of the following factors
2     is present:
3             (i) the dogfight is performed in the presence of a
4         person under 18 years of age;
5             (ii) the dogfight is performed for the purpose of
6         or in the presence of illegal wagering activity; or
7             (iii) the dogfight is performed in furtherance of
8         streetgang related activity as defined in Section 10 of
9         the Illinois Streetgang Terrorism Omnibus Prevention
10         Act.
11         (1.7) A person convicted of violating subsection (c-5)
12     of this Section is guilty of a Class 4 felony.
13         (2) Any person convicted of violating subsection (d) or
14     (e) of this Section is guilty of a Class 4 felony A
15     misdemeanor for a first violation. A second or subsequent
16     violation of subsection (d) or (e) of this Section is a
17     Class 3 felony.
18         (2.5) Any person convicted of violating subsection (f)
19     of this Section is guilty of a Class 4 felony.
20         (3) Any person convicted of violating subsection (g) of
21     this Section is guilty of a Class 4 felony A misdemeanor
22     for a first violation. A second or subsequent violation of
23     subsection (g) of this Section is a Class 3 4 felony. If a
24     person under 13 years of age is present at any show,
25     exhibition, program, or other activity prohibited in
26     subsection (g), the parent, legal guardian, or other person

 

 

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1     who is 18 years of age or older who brings that person
2     under 13 years of age to that show, exhibition, program, or
3     other activity is guilty of a Class 4 felony for a first
4     violation and a Class 3 felony for a second or subsequent
5     violation.
6     (j) Any dog or equipment involved in a violation of this
7 Section shall be immediately seized and impounded under Section
8 12 of the Humane Care for Animals Act when located at any show,
9 exhibition, program, or other activity featuring or otherwise
10 involving a dog fight for the purposes of sport, wagering, or
11 entertainment.
12     (k) 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.
18     (l) Any veterinarian in this State who is presented with a
19 dog for treatment of injuries or wounds resulting from fighting
20 where there is a reasonable possibility that the dog was
21 engaged in or utilized for a fighting event for the purposes of
22 sport, wagering, or entertainment shall file a report with the
23 Department of Agriculture and cooperate by furnishing the
24 owners' names, dates, and descriptions of the dog or dogs
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.
5     (m) In addition to any other penalty provided by law, upon
6 conviction for violating this Section, the court may order that
7 the convicted person and persons dwelling in the same household
8 as the convicted person who conspired, aided, or abetted in the
9 unlawful act that was the basis of the conviction, or who knew
10 or should have known of the unlawful act, may not own, harbor,
11 or have custody or control of any dog or other animal for a
12 period of time that the court deems reasonable.
13     (n) A violation of subsection (a) of this Section may be
14 inferred from evidence that the accused possessed any device or
15 equipment described in subsection (d), (e), or (h) of this
16 Section, and also possessed any dog.
17     (o) When no longer required for investigations or court
18 proceedings relating to the events described or depicted
19 therein, evidence relating to convictions for violations of
20 this Section shall be retained and made available for use in
21 training peace officers in detecting and identifying
22 violations of this Section. Such evidence shall be made
23 available upon request to other law enforcement agencies and to
24 schools certified under the Illinois Police Training Act.
25 (Source: P.A. 94-820, eff. 1-1-07.)
 
26     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.