Full Text of HB4711 94th General Assembly
HB4711eng 94TH GENERAL ASSEMBLY
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HB4711 Engrossed |
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| AN ACT concerning criminal law.
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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 Criminal Code of 1961 is amended by changing | 5 |
| Section 26-5 as follows:
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| (720 ILCS 5/26-5)
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| Sec. 26-5. Dog fighting. (For other provisions that may | 8 |
| apply to dog
fighting, see the Humane Care for Animals Act. For | 9 |
| provisions similar to this
Section that apply to animals other | 10 |
| than dogs, see in particular Section 4.01
of the Humane Care | 11 |
| for Animals Act.)
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| (a) No person may own, capture, breed, train, or lease any
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| dog which he or she knows is intended for use in any
show, | 14 |
| exhibition, program, or other activity featuring or otherwise
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| involving a fight between the dog and any other animal or | 16 |
| human, or the
intentional killing of any dog for the purpose of | 17 |
| sport, wagering, or
entertainment.
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| (b) No person may 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 entertainment | 21 |
| of
any show, exhibition, program, or other activity involving
a | 22 |
| fight between 2 or more dogs or any dog and human,
or the | 23 |
| intentional killing of any dog.
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| (c) No person may sell or offer for sale, ship, transport,
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| or otherwise move, or deliver or receive any dog which he or | 26 |
| she
knows has been captured, bred, or trained, or will be used,
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| to fight another dog or human or be intentionally killed for
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| purposes of sport, wagering, or entertainment.
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| (c-5) No person may solicit a minor to violate this | 30 |
| Section.
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| (d) No person may manufacture for sale, shipment, | 32 |
| transportation,
or delivery any device or equipment which he or |
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LRB094 16593 RLC 53473 b |
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| she knows or should know
is intended for use in any show, | 2 |
| exhibition, program, or other activity
featuring or otherwise | 3 |
| involving a fight between 2 or more dogs, or any
human and dog, | 4 |
| or the intentional killing of any dog for purposes of
sport, | 5 |
| wagering, or entertainment.
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| (e) No person may own, possess, sell or offer for sale, | 7 |
| ship,
transport, or otherwise move any equipment or device | 8 |
| which he or she
knows or should know is intended for use in | 9 |
| connection with any show,
exhibition, program, or activity | 10 |
| featuring or otherwise involving a fight
between 2 or more | 11 |
| dogs, or any dog and human, or the intentional
killing of any | 12 |
| dog for purposes of sport, wagering or entertainment.
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| (f) No person may knowingly make available any site, | 14 |
| structure, or
facility, whether enclosed or not, that he or she | 15 |
| knows is intended to be
used for the purpose of conducting any | 16 |
| show, exhibition, program, or other
activity involving a fight | 17 |
| between 2 or more dogs, or any dog and human, or the
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| intentional killing of any dog or knowingly manufacture, | 19 |
| distribute, or
deliver fittings to be used in a fight between 2 | 20 |
| or more dogs or a dog and
human.
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| (g) No person may attend or otherwise patronize any show, | 22 |
| exhibition,
program, or other activity featuring or otherwise | 23 |
| involving a fight between
2 or more dogs, or any dog and human, | 24 |
| or the intentional killing of
any dog for purposes of sport, | 25 |
| wagering, or entertainment.
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| (h) No person may tie or attach or fasten any live animal | 27 |
| to any
machine or device propelled by any power for the purpose | 28 |
| of causing the
animal to be pursued by a dog or dogs. This | 29 |
| subsection (h) applies only
when the dog is intended to be used | 30 |
| in a dog fight.
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| (i) Penalties for violations of this Section shall be as | 32 |
| follows:
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| (1) Any person convicted of violating subsection (a), | 34 |
| (b), or (c)
of this Section is guilty of a Class
4 felony | 35 |
| for a first violation and a
Class
3 felony for a second or | 36 |
| subsequent violation, and may be fined an
amount not to |
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| exceed $50,000.
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| (1.5) A person who knowingly owns a dog for fighting | 3 |
| purposes or for
producing a fight between 2 or more dogs or | 4 |
| a dog and human or who knowingly
offers for sale or sells a | 5 |
| dog bred for fighting is guilty of a Class
3 felony
and may | 6 |
| be fined an amount not to exceed $50,000, if the dog | 7 |
| participates
in a dogfight and any of the following factors | 8 |
| is present:
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| (i) the dogfight is performed in the presence of a | 10 |
| person under 18
years of age;
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| (ii) the dogfight is performed for the purpose of | 12 |
| or in the presence
of illegal wagering activity; or
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| (iii) the dogfight is performed in furtherance of | 14 |
| streetgang related
activity as defined in Section 10 of | 15 |
| the Illinois Streetgang Terrorism Omnibus
Prevention | 16 |
| Act.
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| (1.7) A person convicted of violating subsection (c-5) | 18 |
| of this Section
is guilty of a Class 4 felony
A | 19 |
| misdemeanor .
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| (2) Any person convicted of violating subsection (d) or | 21 |
| (e) of this
Section is guilty of a
Class A misdemeanor for | 22 |
| a first violation.
A second or subsequent violation of | 23 |
| subsection (d) or (e) of this Section
is a Class
3 felony.
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| (2.5) Any person convicted of violating subsection (f) | 25 |
| of this Section
is guilty of a Class
4 felony.
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| (3) Any person convicted of violating subsection (g) of | 27 |
| this Section
is guilty of a Class A
C misdemeanor for a | 28 |
| first violation. A second or
subsequent violation of | 29 |
| subsection (g) of this Section is a Class 4 felony. If a | 30 |
| person under 13 years of age is present at any show, | 31 |
| exhibition,
program, or other activity prohibited in | 32 |
| subsection (g), the parent, legal guardian, or other person | 33 |
| who is 18 years of age or older who brings that person | 34 |
| under 13 years of age to that show, exhibition, program, or | 35 |
| other activity is guilty of a Class 4 felony for a first | 36 |
| violation and a Class 3 felony for a second or subsequent |
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| violation
B
misdemeanor .
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| (j) Any dog or equipment involved in a violation of this | 3 |
| Section shall
be immediately seized and impounded under Section | 4 |
| 12 of the Humane Care for
Animals Act when located at any show, | 5 |
| exhibition, program, or other activity
featuring or otherwise | 6 |
| involving a dog fight for the purposes of sport,
wagering, or | 7 |
| entertainment.
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| (k) Any vehicle or conveyance other than a common carrier | 9 |
| that is used
in violation of this Section shall be seized, | 10 |
| held, and offered for sale at
public auction by the sheriff's | 11 |
| department of the proper jurisdiction, and
the proceeds from | 12 |
| the sale shall be remitted to the general fund of the
county | 13 |
| where the violation took place.
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| (l) Any veterinarian in this State who is presented with a | 15 |
| dog for treatment
of injuries or wounds resulting from fighting | 16 |
| where there is a reasonable
possibility that the dog was | 17 |
| engaged in or utilized for a fighting event for
the purposes of | 18 |
| sport, wagering, or entertainment shall file a report with the
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| Department of Agriculture and cooperate by furnishing the | 20 |
| owners' names, dates,
and descriptions of the dog or dogs | 21 |
| involved. Any veterinarian who in good
faith complies with the | 22 |
| requirements of this subsection has immunity from any
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| liability, civil, criminal, or otherwise, that may result from | 24 |
| his or her
actions. For the purposes of any proceedings, civil | 25 |
| or criminal, the good
faith of the veterinarian shall be | 26 |
| rebuttably presumed.
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| (m) In addition to any other penalty provided by law, upon | 28 |
| conviction for
violating this Section, the court may order that | 29 |
| the convicted person and
persons dwelling in the same household | 30 |
| as the convicted person who conspired,
aided, or abetted in the | 31 |
| unlawful act that was the basis of the conviction,
or who knew | 32 |
| or should have known of the unlawful act, may not own, harbor, | 33 |
| or
have custody or control of any dog or other animal for a | 34 |
| period of time that
the court deems reasonable.
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| (n) A fact finder may infer a violation of this Section | 36 |
| from evidence that the offender possessed any treadmill wheel, |
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| hot walker, or other paraphernalia, together with evidence that | 2 |
| the paraphernalia is being used or intended for use in the | 3 |
| unlawful training of a dog to fight with another dog, along | 4 |
| with the possession of any such dog. | 5 |
| (o) A law enforcement agency shall obtain evidence of a | 6 |
| violation of this Section as the agency deems appropriate | 7 |
| through videotape, written police reports, or observation of | 8 |
| activities occurring on the property or at the residence of an | 9 |
| offender and shall use this evidence to train peace officers in | 10 |
| recognizing violations of this Section.
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| (Source: P.A. 92-425, eff. 1-1-02; 92-650, eff. 7-11-02.)
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