Full Text of HB3614 95th General Assembly
HB3614ham001 95TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 3/20/2007
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09500HB3614ham001 |
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LRB095 08978 CMK 33143 a |
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| AMENDMENT TO HOUSE BILL 3614
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| AMENDMENT NO. ______. Amend House Bill 3614 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Humane Care for Animals Act is amended by | 5 |
| changing Sections 3.04 and 4.01 and by adding Section 17 as | 6 |
| follows:
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| (510 ILCS 70/3.04)
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| Sec. 3.04. Arrests and seizures ; penalties .
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| (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
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| 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 |
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| description of the condition of the companion
animal or | 2 |
| companion animals taken, and the time and place the companion | 3 |
| animal
or companion animals were taken, together with the name | 4 |
| of the person from
whom the companion animal or companion | 5 |
| animals were taken and name of the
person who claims to own the | 6 |
| companion animal or companion animals if different
from the | 7 |
| person from whom the companion animal or companion animals were
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| seized. He or she must at the same time deliver an inventory of | 9 |
| the companion
animal or companion animals taken to the court of | 10 |
| competent jurisdiction. The
officer must place the companion | 11 |
| animal or companion animals in the custody of
an animal control | 12 |
| or animal shelter and the agency must retain custody of the
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| companion animal or companion animals subject to an order of | 14 |
| the court
adjudicating the charges on the merits and before | 15 |
| which the person complained
against is required to appear for | 16 |
| trial. The State's Attorney may, within 14
days after the | 17 |
| seizure, file a "petition for forfeiture prior to trial" before
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| the court having criminal jurisdiction over the alleged | 19 |
| charges, asking for
permanent forfeiture of the companion | 20 |
| animals seized. The petition shall be
filed with the court, | 21 |
| with copies served on the impounding agency, the owner,
and | 22 |
| anyone claiming an interest in the animals. In a "petition for | 23 |
| forfeiture
prior to trial", the burden is on the prosecution to | 24 |
| prove by a preponderance
of the evidence that the person | 25 |
| arrested violated Section 3.01, 3.02, 3.03, or
4.01 of this Act | 26 |
| or Section 26-5 of the Criminal Code of 1961.
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| (b) An owner whose companion animal or companion animals | 2 |
| are removed by a
law enforcement officer under this Section | 3 |
| must be given written notice of
the circumstances of the | 4 |
| removal and of any legal remedies available to him
or her. The | 5 |
| notice must be posted at the place of seizure, or delivered to
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| a person residing at the place of seizure or, if the address of | 7 |
| the owner is
different from the address of the person from whom | 8 |
| the companion animal or
companion animals were seized, | 9 |
| delivered by registered mail to his or her last
known address.
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| (c) In addition to any other penalty provided by law, upon | 11 |
| conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | 12 |
| court may order the convicted
person to forfeit to an animal | 13 |
| control or animal shelter
the animal
or animals that are the | 14 |
| basis of the conviction. Upon an order of
forfeiture, the | 15 |
| convicted person is deemed to have permanently
relinquished all | 16 |
| rights to the animal or animals that are the basis of the
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| conviction. The forfeited animal or animals shall be adopted or | 18 |
| humanely
euthanized. In no event may the convicted person or | 19 |
| anyone residing in
his or her household be permitted to adopt | 20 |
| the forfeited animal or animals.
The court, additionally, may | 21 |
| order that the convicted person and persons
dwelling in the | 22 |
| same household as the convicted person who conspired, aided, or
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| abetted in the
unlawful act that was the basis of the | 24 |
| conviction, or who knew or should
have known of the unlawful | 25 |
| act, may not own, harbor, or have custody or
control of any | 26 |
| other animals for a period of time that the court deems
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| reasonable.
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| (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
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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 | 5 |
| apply when
the only animals involved are dogs. (Section 26-5 of | 6 |
| the Criminal Code of
1961, rather than this Section, applies | 7 |
| when the only animals involved are
dogs.)
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| (a) No person may own, capture, breed, train, or lease any | 9 |
| animal which he
or she knows or should know is intended for use | 10 |
| in any show, exhibition,
program, or other activity featuring | 11 |
| or otherwise involving a fight between
such animal and any | 12 |
| other animal or human, or the intentional killing of any
animal | 13 |
| for the purpose of sport, wagering, or entertainment.
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| (b) No person shall promote, conduct, carry on, advertise, | 15 |
| collect money for
or in any other manner assist or aid in the | 16 |
| presentation for purposes of sport,
wagering, or | 17 |
| entertainment, any show, exhibition, program, or other | 18 |
| activity
involving a fight between 2 or more animals or any | 19 |
| animal and human, or the
intentional killing of any animal.
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| (c) No person shall sell or offer for sale, ship, | 21 |
| transport, or otherwise
move, or deliver or receive any animal | 22 |
| which he or she knows or should know
has been captured, bred, | 23 |
| or trained, or will be used, to fight another animal
or human | 24 |
| or be intentionally killed, for the purpose of sport, wagering, | 25 |
| or
entertainment.
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| (d) No person shall manufacture for sale, shipment, | 2 |
| transportation
or delivery any device or equipment which that | 3 |
| person knows or should know
is intended for use in any show, | 4 |
| exhibition, program, or other activity
featuring or otherwise | 5 |
| involving a fight between 2 or more animals, or any
human and | 6 |
| animal, or the intentional killing of any animal for purposes | 7 |
| of
sport, wagering or entertainment.
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| (e) No person shall own, possess, sell or offer for sale, | 9 |
| ship,
transport, or otherwise move any equipment or device | 10 |
| which such person
knows or should know is intended for use in | 11 |
| connection with any show,
exhibition, program, or activity | 12 |
| featuring or otherwise involving a fight
between 2 or more | 13 |
| animals, or any animal and human, or the intentional
killing of | 14 |
| any animal for purposes of sport, wagering or entertainment.
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| (f) No person shall make available any site, structure, or | 16 |
| facility,
whether enclosed or not, which he or she knows or | 17 |
| should know is intended
to be used for the purpose of | 18 |
| conducting any show, exhibition, program, or
other activity | 19 |
| 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, | 22 |
| exhibition,
program, or other activity featuring or otherwise | 23 |
| involving a fight between
2 or more animals, or any animal and | 24 |
| human, or the intentional killing of
any animal for the | 25 |
| 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 | 2 |
| this Section shall
be immediately seized and impounded under | 3 |
| Section 12 by the Department when
located at any show, | 4 |
| exhibition, program, or other activity featuring or
otherwise | 5 |
| involving an animal fight for the purposes of sport, wagering, | 6 |
| or
entertainment.
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| (j) Any vehicle or conveyance other than a common carrier | 8 |
| that is used
in violation of this Section shall be seized, | 9 |
| held, and offered for sale at
public auction by the sheriff's | 10 |
| department of the proper jurisdiction, and
the proceeds from | 11 |
| the sale shall be remitted to the general fund of the
county | 12 |
| where the violation took place.
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| (k) Any veterinarian in this State who is presented with an | 14 |
| animal for
treatment of injuries or wounds resulting from | 15 |
| fighting where there is a
reasonable possibility that the | 16 |
| animal was engaged in or utilized for a
fighting event for the | 17 |
| purposes of sport, wagering, or entertainment shall
file a | 18 |
| report with the Department and cooperate by furnishing the | 19 |
| owners'
names, dates, and descriptions of the animal or animals | 20 |
| involved. Any
veterinarian who in good faith complies with the | 21 |
| requirements of this
subsection has immunity from any | 22 |
| liability, civil, criminal, or otherwise,
that may result from | 23 |
| his or her actions. For the purposes of any proceedings,
civil | 24 |
| or criminal, the good faith of the veterinarian shall be | 25 |
| 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 | 3 |
| as follows:
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| (1) A person convicted of violating subsection (a), | 5 |
| (b), or (c) of this
Section or any rule, regulation, or | 6 |
| order of the Department pursuant thereto
is guilty of a | 7 |
| Class 4 felony
A misdemeanor for the first offense. A | 8 |
| second or
subsequent offense involving the violation of | 9 |
| subsection (a), (b), or (c) of
this Section or any rule, | 10 |
| regulation, or order of the Department pursuant
thereto is | 11 |
| a Class 3
4 felony.
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| (2) A person convicted of violating subsection (d), | 13 |
| (e), or (f) of this
Section or any rule, regulation, or | 14 |
| order of the Department pursuant thereto
is guilty of a | 15 |
| 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 | 18 |
| this Section or
any rule, regulation, or order of the | 19 |
| Department pursuant thereto is guilty
of a Class C | 20 |
| misdemeanor.
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| (4) A person convicted of violating subsection (l) of | 22 |
| this Section is
guilty of a Class A misdemeanor.
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| (Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | 24 |
| eff.
7-11-02; 92-651, eff. 7-11-02; revised 11-21-02.)
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| (510 ILCS 70/17 new)
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| Sec. 17. Penalties. | 2 |
| (a) Any person convicted of any act of abuse or neglect
or | 3 |
| of violating any other provision of this Act,
for which a | 4 |
| penalty is not otherwise provided, or any rule, regulation, or | 5 |
| order of the Department pursuant thereto, is
guilty of a Class | 6 |
| B misdemeanor. A second or subsequent violation
is a Class 4 | 7 |
| felony with every day that a violation continues
constituting a | 8 |
| separate offense. | 9 |
| (b) The Department may enjoin a person from a continuing | 10 |
| violation of this Act.
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| (510 ILCS 70/16 rep.)
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| Section 10. The Humane Care for Animals Act is amended by | 13 |
| repealing Section 16.
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
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