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91_HB0283ham001
LRB9100702DHmgam
1 AMENDMENT TO HOUSE BILL 283
2 AMENDMENT NO. . Amend House Bill 283 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Humane Care for Animals Act is amended
6 by changing Section 16 and adding Sections 16.1 and 20 as
7 follows:
8 (510 ILCS 70/16) (from Ch. 8, par. 716)
9 Sec. 16. Violations; punishment; injunctions.
10 (a) Any person convicted of violating Sections 5, 5.01,
11 or 6 of this Act or any rule, regulation, or order of the
12 Department pursuant thereto, is guilty of a Class C
13 misdemeanor.
14 (b)(1) This subsection (b) does not apply where the
15 only animals involved in the violation are dogs.
16 (2) Any person convicted of violating subsection
17 (a), (b), (c) or (h) of Section 4.01 of this Act or any
18 rule, regulation, or order of the Department pursuant
19 thereto, is guilty of a Class A misdemeanor.
20 (3) A second or subsequent offense involving the
21 violation of subsection (a), (b) or (c) of Section 4.01
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1 of this Act or any rule, regulation, or order of the
2 Department pursuant thereto is a Class 4 felony.
3 (4) Any person convicted of violating subsection
4 (d), (e) or (f) of Section 4.01 of this Act or any rule,
5 regulation, or order of the Department pursuant thereto,
6 is guilty of a Class B misdemeanor.
7 (5) Any person convicted of violating subsection
8 (g) of Section 4.01 of this Act or any rule, regulation,
9 or order of the Department pursuant thereto is guilty of
10 a Class C misdemeanor.
11 (c)(1) This subsection (c) applies exclusively
12 where the only animals involved in the violation are
13 dogs.
14 (2) Any person convicted of violating subsection
15 (a), (b) or (c) of Section 4.01 of this Act or any rule,
16 regulation or order of the Department pursuant thereto is
17 guilty of a Class 4 felony and may be fined an amount not
18 to exceed $50,000.
19 (3) Any person convicted of violating subsection
20 (d), (e) or (f) of Section 4.01 of this Act or any rule,
21 regulation or order of the Department pursuant thereto is
22 guilty of Class A misdemeanor, if such person knew or
23 should have known that the device or equipment under
24 subsection (d) or (e) of that Section or the site,
25 structure or facility under subsection (f) of that
26 Section was to be used to carry out a violation where the
27 only animals involved were dogs. Where such person did
28 not know or should not reasonably have been expected to
29 know that the only animals involved in the violation were
30 dogs, the penalty shall be same as that provided for in
31 paragraph (4) of subsection (b).
32 (4) Any person convicted of violating subsection
33 (g) of Section 4.01 of this Act or any rule, regulation
34 or order of the Department pursuant thereto is guilty of
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1 a Class C misdemeanor.
2 (5) A second or subsequent violation of subsection
3 (a), (b) or (c) of Section 4.01 of this Act or any rule,
4 regulation or order of the Department pursuant thereto is
5 a Class 3 felony. A second or subsequent violation of
6 subsection (d), (e) or (f) of Section 4.01 of this Act or
7 any rule, regulation or order of the Department adopted
8 pursuant thereto is a Class 3 felony, if in each
9 violation the person knew or should have known that the
10 device or equipment under subsection (d) or (e) of that
11 Section or the site, structure or facility under
12 subsection (f) of that Section was to be used to carry
13 out a violation where the only animals involved were
14 dogs. Where such person did not know or should not
15 reasonably have been expected to know that the only
16 animals involved in the violation were dogs, a second or
17 subsequent violation of subsection (d), (e) or (f) of
18 Section 4.01 of this Act or any rule, regulation or order
19 of the Department adopted pursuant thereto is a Class A
20 misdemeanor. A second or subsequent violation of
21 subsection (g) is a Class B misdemeanor.
22 (6) Any person convicted of violating Section 3.01
23 of this Act is guilty of a Class C misdemeanor. A second
24 conviction for a violation of Section 3.01 is a Class B
25 misdemeanor. A third or subsequent conviction for a
26 violation of Section 3.01 is a Class A misdemeanor.
27 (7) Any person convicted of violating Section 4.03
28 is guilty of a Class B misdemeanor.
29 (8) Any person convicted of violating Section 4.04
30 is guilty of a Class A misdemeanor where the animal is
31 not killed or totally disabled, but if the animal is
32 killed or totally disabled such person shall be guilty of
33 a Class 4 felony.
34 (8.5) A person convicted of violating subsection
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1 (a) of Section 7.15 is guilty of a Class B misdemeanor.
2 A person convicted of violating subsection (b) or (c) of
3 Section 7.15 is (i) guilty of a Class A misdemeanor if
4 the dog is not killed or totally disabled and (ii) if the
5 dog is killed or totally disabled, guilty of a Class 4
6 felony and may be ordered by the court to make
7 restitution to the disabled person having custody or
8 ownership of the dog for veterinary bills and replacement
9 costs of the dog.
10 (9) Any person convicted of violating any other
11 provision of this Act, or any rule, regulation, or order
12 of the Department pursuant thereto, is guilty of a Class
13 C misdemeanor with every day that a violation continues
14 constituting a separate offense.
15 (d) Any person convicted of violating Section 7.1 is
16 guilty of a petty offense. A second or subsequent conviction
17 for a violation of Section 7.1 is a Class C misdemeanor.
18 (e) Any person convicted of violating Section 3.02 is
19 guilty of a Class A misdemeanor. A second or subsequent
20 conviction for a violation of Section 3.02 is a Class 4
21 felony.
22 (f) The Department may enjoin a person from a continuing
23 violation of this Act.
24 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
25 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)
26 (510 ILCS 70/16.1 new)
27 Sec. 16.1. Violator must pay costs of aggravated
28 cruelty. In addition to the other penalties, a person
29 convicted of violating Section 3.02 must pay all costs
30 necessary to restore the animal to good health, if injured,
31 or to compensate the owner for the value of the animal, if
32 the animal was killed.
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1 (510 ILCS 70/20 new)
2 Sec. 20. Civil right of action. Any person who has a
3 right of ownership in a companion animal which is subjected
4 to an act of aggravated cruelty in violation of Section 3.02
5 may bring a civil action to recover the damages sustained by
6 that owner. Damages may include but are not limited to the
7 monetary value of the animal, veterinary expenses incurred on
8 behalf of the animal, any other expenses incurred by the
9 owner in rectifying the effects of the cruelty, pain and
10 suffering of the animal, and emotional distress suffered by
11 the owner. In addition to damages that may be proven, the
12 owner also is entitled to punitive or exemplary damages of
13 not less than $500 nor more than $25,000 for each act of
14 aggravated cruelty to which each animal of the owner was
15 subjected. In addition, the court shall award reasonable
16 attorney's fees and costs actually incurred by the owner in
17 the prosecution of any action under this Section. The
18 remedies provided in this Section are in addition to any
19 other remedies allowed by law. In an action under this
20 Section, the court may enter any injunctive orders reasonably
21 necessary to protect animals from any further acts of cruelty
22 or harassment by a defendant. Trespass is not a defense to
23 any action under this Section.
24 The statute of limitations for a civil right of action
25 for aggravated cruelty shall be 2 years.
26 Section 99. Effective date. This Act takes effect
27 January 1, 2000.".