Illinois General Assembly - Full Text of HB3614
Illinois General Assembly

Previous General Assemblies

Full Text of HB3614  95th General Assembly

HB3614enr 95TH GENERAL ASSEMBLY



 


 
HB3614 Enrolled LRB095 08978 CMK 31755 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 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

 

 

HB3614 Enrolled - 2 - LRB095 08978 CMK 31755 b

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

 

 

HB3614 Enrolled - 3 - LRB095 08978 CMK 31755 b

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

 

 

HB3614 Enrolled - 4 - LRB095 08978 CMK 31755 b

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.

 

 

HB3614 Enrolled - 5 - LRB095 08978 CMK 31755 b

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

 

 

HB3614 Enrolled - 6 - LRB095 08978 CMK 31755 b

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

 

 

HB3614 Enrolled - 7 - LRB095 08978 CMK 31755 b

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)

 

 

HB3614 Enrolled - 8 - LRB095 08978 CMK 31755 b

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.)

 

 

HB3614 Enrolled - 9 - LRB095 08978 CMK 31755 b

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.