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90_HB0978
510 ILCS 70/2.08 new
510 ILCS 70/4.03 from Ch. 8, par. 704.03
510 ILCS 70/4.04 from Ch. 8, par. 704.04
510 ILCS 70/16 from Ch. 8, par. 716
Amends the Humane Care for Animals Act to add police
animals to provisions concerning the prohibition against
teasing, striking, or tampering with police dogs and
injurying or killing police dogs. Effective immediately.
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1 AN ACT to amend the Humane Care for Animals Act by
2 changing Sections 4.03, 4.04, and 16 and adding Section 2.08.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Humane Care for Animals Act is amended by
6 changing Sections 4.03, 4.04, and 16 and adding Section 2.08
7 as follows:
8 (510 ILCS 70/2.08 new)
9 Sec. 2.08. Police animal. "Police animal" means any
10 animal owned or used by a law enforcement department or
11 agency in the course of the department or agency's work.
12 (510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
13 Sec. 4.03. Teasing, striking or tampering with Police
14 Animals Dogs Prohibited. It shall be unlawful for any person
15 to willfully and maliciously taunt, torment, tease, beat,
16 strike, or administer or subject any desensitizing drugs,
17 chemicals or substance to any animal dog used by a law
18 enforcement officer in the performance of his functions or
19 duties, or when placed in confinement a kennel off duty; or
20 to interfere or meddle with any such animal dog used by a law
21 enforcement department or agency or any handler thereof in
22 the performance of the functions or duties of the said
23 department or agency.
24 (Source: P.A. 85-800.)
25 (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
26 Sec. 4.04. Injury or Killing Police Animals Dogs
27 Prohibited. It shall be unlawful for any person to willfully
28 or maliciously torture, mutilate, injure, disable, poison or
29 kill any animal dog used by a law enforcement department or
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1 agency in the performance of the functions or duties of such
2 department or when placed in confinement a kennel off duty.
3 However, a police officer or veterinarian may perform
4 euthanasia in emergency situations when delay would cause the
5 animal dog undue suffering and pain.
6 (Source: P.A. 85-800.)
7 (510 ILCS 70/16) (from Ch. 8, par. 716)
8 Sec. 16. Violations; punishment; injunctions.
9 (a) Any person convicted of violating Sections 5, 5.01,
10 or 6 of this Act or any rule, regulation, or order of the
11 Department pursuant thereto, is guilty of a Class C
12 misdemeanor.
13 (b) (1) This subsection (b) does not apply where the
14 only animals involved in the violation are dogs.
15 (2) Any person convicted of violating subsection
16 (a), (b), (c) or (h) of Section 4.01 of this Act or any
17 rule, regulation, or order of the Department pursuant
18 thereto, is guilty of a Class A misdemeanor.
19 (3) A second or subsequent offense involving the
20 violation of subsection (a), (b) or (c) of Section 4.01
21 of this Act or any rule, regulation, or order of the
22 Department pursuant thereto is a Class 4 felony.
23 (4) Any person convicted of violating subsection
24 (d), (e) or (f) of Section 4.01 of this Act or any rule,
25 regulation, or order of the Department pursuant thereto,
26 is guilty of a Class B misdemeanor.
27 (5) Any person convicted of violating subsection
28 (g) of Section 4.01 of this Act or any rule, regulation,
29 or order of the Department pursuant thereto is guilty of
30 a Class C misdemeanor.
31 (c) (1) This subsection (c) applies exclusively where
32 the only animals involved in the violation are dogs.
33 (2) Any person convicted of violating subsection
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1 (a), (b) or (c) of Section 4.01 of this Act or any rule,
2 regulation or order of the Department pursuant thereto is
3 guilty of a Class 4 felony and may be fined an amount not
4 to exceed $50,000.
5 (3) Any person convicted of violating subsection
6 (d), (e) or (f) of Section 4.01 of this Act or any rule,
7 regulation or order of the Department pursuant thereto is
8 guilty of Class A misdemeanor, if such person knew or
9 should have known that the device or equipment under
10 subsection (d) or (e) of that Section or the site,
11 structure or facility under subsection (f) of that
12 Section was to be used to carry out a violation where the
13 only animals involved were dogs. Where such person did
14 not know or should not reasonably have been expected to
15 know that the only animals involved in the violation were
16 dogs, the penalty shall be same as that provided for in
17 paragraph (4) of subsection (b).
18 (4) Any person convicted of violating subsection
19 (g) of Section 4.01 of this Act or any rule, regulation
20 or order of the Department pursuant thereto is guilty of
21 a Class C misdemeanor.
22 (5) A second or subsequent violation of subsection
23 (a), (b) or (c) of Section 4.01 of this Act or any rule,
24 regulation or order of the Department pursuant thereto is
25 a Class 3 felony. A second or subsequent violation of
26 subsection (d), (e) or (f) of Section 4.01 of this Act or
27 any rule, regulation or order of the Department adopted
28 pursuant thereto is a Class 3 felony, if in each
29 violation the person knew or should have known that the
30 device or equipment under subsection (d) or (e) of that
31 Section or the site, structure or facility under
32 subsection (f) of that Section was to be used to carry
33 out a violation where the only animals involved were
34 dogs. Where such person did not know or should not
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1 reasonably have been expected to know that the only
2 animals involved in the violation were dogs, a second or
3 subsequent violation of subsection (d), (e) or (f) of
4 Section 4.01 of this Act or any rule, regulation or order
5 of the Department adopted pursuant thereto is a Class A
6 misdemeanor. A second or subsequent violation of
7 subsection (g) is a Class B misdemeanor.
8 (6) Any person convicted of violating Section 3.01
9 of this Act is guilty of a Class C misdemeanor. A second
10 conviction for a violation of Section 3.01 is a Class B
11 misdemeanor. A third or subsequent conviction for a
12 violation of Section 3.01 is a Class A misdemeanor.
13 (7) Any person convicted of violating Section 4.03
14 is guilty of a Class B misdemeanor.
15 (8) Any person convicted of violating Section 4.04
16 is guilty of a Class A misdemeanor where the animal dog
17 is not killed or totally disabled, but if the animal dog
18 is killed or totally disabled such person shall be guilty
19 of a Class 4 felony.
20 (8.5) A person convicted of violating subsection
21 (a) of Section 7.15 is guilty of a Class B misdemeanor.
22 A person convicted of violating subsection (b) or (c) of
23 Section 7.15 is (i) guilty of a Class A misdemeanor if
24 the dog is not killed or totally disabled and (ii) if the
25 dog is killed or totally disabled, guilty of a Class 4
26 felony and may be ordered by the court to make
27 restitution to the disabled person having custody or
28 ownership of the dog for veterinary bills and replacement
29 costs of the dog.
30 (9) Any person convicted of violating any other
31 provision of this Act, or any rule, regulation, or order
32 of the Department pursuant thereto, is guilty of a Class
33 C misdemeanor with every day that a violation continues
34 constituting a separate offense.
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1 (d) Any person convicted of violating Section 7.1 is
2 guilty of a petty offense. A second or subsequent conviction
3 for a violation of Section 7.1 is a Class C misdemeanor.
4 (e) Any person convicted of violating Section 3.02 is
5 guilty of a Class A misdemeanor.
6 The Department may enjoin a person from a continuing
7 violation of this Act.
8 (Source: P.A. 88-66; 88-600, eff. 9-1-94; 89-455, eff.
9 5-20-96; 89-689, eff. 12-31-96; revised 1-14-97.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.