Illinois General Assembly - Illinois Compiled Statutes

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510 ILCS 70/4.01

(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)

Sec. 4.01. Animals in entertainment.

This Section does not apply when
the only animals involved are dogs.  (Section 48-1 of the Criminal Code of
2012, rather than this Section, applies when the only animals involved are
dogs.)

(a) No person may own, capture, breed, train, or lease any animal which he
or she knows or should know is intended for use in any show, exhibition,
program, or other activity featuring or otherwise involving a fight between
such animal and any other animal or human, or the intentional killing of any
animal for the purpose of sport, wagering, or entertainment.

(b) No person shall promote, conduct, carry on, advertise, collect money for
or in any other manner assist or aid in the presentation for purposes of sport,
wagering, or entertainment, any show, exhibition, program, or other activity
involving a fight between 2 or more animals or any animal and human, or the
intentional killing of any animal.

(c) No person shall sell or offer for sale, ship, transport, or otherwise
move, or deliver or receive any animal which he or she knows or should know
has been captured, bred, or trained, or will be used, to fight another animal
or human or be intentionally killed, for the purpose of sport, wagering, or
entertainment.

(d) No person shall manufacture for sale, shipment, transportation
or delivery any device or equipment which that person knows or should know
is intended for use in any show, exhibition, program, or other activity
featuring or otherwise involving a fight between 2 or more animals, or any
human and animal, or the intentional killing of any animal for purposes of
sport, wagering or entertainment.

(e) No person shall own, possess, sell or offer for sale, ship,
transport, or otherwise move any equipment or device which such person
knows or should know is intended for use in connection with any show,
exhibition, program, or activity featuring or otherwise involving a fight
between 2 or more animals, or any animal and human, or the intentional
killing of any animal for purposes of sport, wagering or entertainment.

(f) No person shall make available any site, structure, or facility,
whether enclosed or not, which he or she knows or should know is intended
to be used for the purpose of conducting any show, exhibition, program, or
other activity involving a fight between 2 or more animals, or any animal and
human, or the intentional killing of any animal.

(g) No person shall knowingly attend or otherwise patronize any show, exhibition,
program, or other activity featuring or otherwise involving a fight between
2 or more animals, or any animal and human, or the intentional killing of
any animal for the purposes of sport, wagering or entertainment.

(h) (Blank).

(i) Any animals or equipment involved in a violation of this Section shall
be immediately seized and impounded under Section 12 by the Department when
located at any show, exhibition, program, or other activity featuring or
otherwise involving an animal fight for the purposes of sport, wagering, or
entertainment.

(j) Any vehicle or conveyance other than a common carrier that is used
in violation of this Section shall be seized, held, and offered for sale at
public auction by the sheriff's department of the proper jurisdiction, and
the proceeds from the sale shall be remitted to the general fund of the
county where the violation took place.

(k) Any veterinarian in this State who is presented with an animal for
treatment of injuries or wounds resulting from fighting where there is a
reasonable possibility that the animal was engaged in or utilized for a
fighting event for the purposes of sport, wagering, or entertainment shall
file a report with the Department and cooperate by furnishing the owners'
names, dates, and descriptions of the animal or animals involved.  Any
veterinarian who in good faith complies with the requirements of this
subsection has immunity from any liability, civil, criminal, or otherwise,
that may result from his or her actions.  For the purposes of any proceedings,
civil or criminal, the good faith of the veterinarian shall be rebuttably
presumed.

(l) No person shall solicit a minor to violate this Section.

(m) The penalties for violations of this Section shall be as follows:

(1) A person convicted of violating subsection (a),

(b), or (c) of this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class 4 felony for the first offense.  A second or subsequent offense involving the violation of subsection (a), (b), or (c) of this Section or any rule, regulation, or order of the Department pursuant thereto is a Class 3 felony.

(2) A person convicted of violating subsection (d),

(e), or (f) of this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class 4 felony for the first offense.  A second or subsequent violation is a Class 3 felony.

(3) A person convicted of violating subsection (g) of

this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class 4 felony for the first offense.  A second or subsequent violation is a Class 3 felony.

(4) A person convicted of violating subsection (l) of

this Section is guilty of a Class 4 felony for the first offense. A second or subsequent violation is a Class 3 felony.

(n) A person who commits a felony violation of this Section is subject to the property forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of 1963.

(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)