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|[ Introduced ]||[ House Amendment 002 ]|
92_HB0599ham001 LRB9205372MWdvam01 1 AMENDMENT TO HOUSE BILL 599 2 AMENDMENT NO. . Amend House Bill 599 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Humane Care for Animals Act is amended 5 by changing Sections 2.01a, 4.02, 4.03, 4.04, 10, 12 and 16 6 and by adding Sections 2.01b, 2.01c, 2.01d, 2.09, 2.10, 3.04, 7 3.05, 3.06, 17, 18, 19, 20, and 21 as follows: 8 (510 ILCS 70/2.01a) 9 Sec. 2.01a. Companion animal. "Companion animal" means 10 an animal that is commonly considered to be, or is considered 11 by the owner to be
to be used as, a pet. "Companion animal" 12 includes, but is not limited to, canines, felines, and 13 equines. 14 (Source: P.A. 88-600, eff. 9-1-94.) 15 (510 ILCS 70/2.01b new) 16 Sec. 2.01b. Exigent circumstances. "Exigent 17 circumstances" means a licensed veterinarian cannot be 18 secured without undue delay and, in the opinion of the animal 19 control or humane agency, the animal is so severely injured, 20 diseased, or suffering that it is unfit for any useful 21 purpose and to delay euthanasia would continue to cause the -2- LRB9205372MWdvam01 1 animal extreme suffering. 2 (510 ILCS 70/2.01c new) 3 Sec. 2.01c. Service animal. "Service animal" means an 4 animal trained in obedience and task skills to meet the needs 5 of a disabled person. 6 (510 ILCS 70/2.01d new) 7 Sec. 2.01d. Search and rescue dog. "Search and rescue 8 dog" means any dog that is trained or is certified to locate 9 persons lost on land or in water. 10 (510 ILCS 70/2.09 new) 11 Sec. 2.09. Humanely dispatched or euthanized. "Humanely 12 dispatched" or "euthanized" means the painless administration 13 of a lethal dose of an agent or method of euthanasia as 14 prescribed in the Journal of the American Veterinary Medical 15 Association, January 15, 1993, that causes the painless death 16 of an animal. Animals must be handled prior to administration 17 of the agent or method of euthanasia in a manner to avoid 18 undue apprehension by the animal. 19 (510 ILCS 70/2.10 new) 20 Sec. 2.10. Companion animal hoarder. "Companion animal 21 hoarder" means a person who (i) possesses a large number of 22 companion animals; (ii) fails to or is unable to provide what 23 he or she is required to provide under Section 3 of this Act; 24 (iii) keeps the companion animals in a severely overcrowded 25 environment; and (iv) displays an inability to recognize or 26 understand the nature of or has a reckless disregard for the 27 conditions under which the companion animals are living and 28 the deleterious impact they have on the companion animals' 29 and owner's health and well-being. -3- LRB9205372MWdvam01 1 (510 ILCS 70/3.04 new) 2 Sec. 3.04. Arrests and seizures. 3 (a) Any law enforcement officer making an arrest for an 4 offense involving one or more animals under Section 3.01, 5 3.02, or 3.03 of this Act must lawfully take possession of 6 all animals in the possession of the person arrested. The 7 officer, after taking possession of the animals, must file 8 with the court before whom the complaint is made against any 9 person so arrested an affidavit stating the name of the 10 person charged in the complaint, a description of the 11 condition of the animal or animals taken, and the time and 12 place of the animal or animals were taken, together with the 13 name of the person from whom the animal or animals were taken 14 and name of the person who claims to own the animal or animal 15 if different from the person from whom the animal or animals 16 were seized. He or she must at the same time deliver an 17 inventory of the animal or animals taken to the court of 18 competent jurisdiction. The officer must place the animal or 19 animals in the custody of an animal control or humane agency 20 and the agency must retain custody of the animal or animals 21 subject to an order of the court adjudicating the charges on 22 the merits and before which the person complained against is 23 required to appear for trial. The State's Attorney may within 24 14 days after the seizure, file a "petition for forfeiture 25 prior to trial" before the court having criminal jurisdiction 26 over the alleged charges, asking for permanent forfeiture of 27 the companion animals seized. The petition shall be filed 28 with the court, with copies served on the impounding agency, 29 the owner, and anyone claiming an interest in the animals. 30 In a "petition for forfeiture prior to trial", the burden is 31 on the prosecution to prove by a preponderance of the 32 evidence that the person arrested violated Section 3.01, 33 3.02, 3.03, or 4.01. 34 (b) An owner whose animal or animals are removed by a -4- LRB9205372MWdvam01 1 law enforcement officer under this Section must be given 2 written notice of the circumstances of the removal and of any 3 legal remedies available to him or her. The notice must be 4 posted at the place of seizure, or delivered to a person 5 residing at the place of seizure or, if the address of the 6 owner is different from the address of the person from whom 7 the animal or animals were seized, delivered by registered 8 mail to his or her last known address. 9 (510 ILCS 70/3.05 new) 10 Sec. 3.05. Security for companion animals and animals 11 used for fighting purposes. 12 (a) In the case of companion animals as defined in 13 Section 2.01a or animals used for fighting purposes pursuant 14 to 4.01, the animal control or humane agency having custody 15 of the animal or animals may file a petition with the court 16 requesting that the person from whom the animal or animals 17 are seized, or the owner of the animal or animals, be ordered 18 to post a security. The security must be in an amount 19 sufficient to secure payment of all reasonable expenses 20 expected to be incurred by the animal control or humane 21 agency in caring for and providing for the animal or animals 22 pending the disposition of the charges. Reasonable expenses 23 include, but are not limited to, estimated medical care and 24 boarding of the animal or animals for 30 days. The amount of 25 the security shall be determined by the court after taking 26 into consideration all of the facts and circumstances of the 27 case, including, but not limited to, the recommendation of 28 the impounding organization having custody and care of the 29 seized animal or animals and the cost of caring for the 30 animal or animals. If a security has been posted in 31 accordance with this Section, the humane society or animal 32 control agency may draw from the security the actual costs 33 incurred by the organization in caring for the seized animal -5- LRB9205372MWdvam01 1 or animals. 2 (b) Upon receipt of a petition the court must set a 3 hearing on the petition, to be conducted within 5 business 4 days after the petition is filed. The petitioner must serve 5 a true copy of the petition upon the defendant and the 6 State's attorney for the county in which the animal or 7 animals were seized. The petitioner must also serve a true 8 copy of the petition on any interested person. For the 9 purposes of this subsection, "interested person" means an 10 individual, partnership, firm, joint stock company, 11 corporation, association, trust, estate or other legal entity 12 that the court determines may have a pecuniary interest in 13 the animal or animals that are the subject of the petition. 14 The court must set a hearing date to determine any interested 15 parties. The court may waive for good cause shown the 16 posting of security. 17 (c) If the court orders the posting of a security, the 18 security must be posted with the clerk of the court within 5 19 business days after the hearing. If the person ordered to 20 post security does not do so, the animal or animals are 21 forfeited by operation of law and the animal control or 22 humane agency having control of the animal or animals must 23 dispose of the animal or animals through adoption or must 24 humanely euthanize the animal. In no event may the defendant 25 or any person residing in the defendant's household adopt the 26 animal or animals. costs associated with custodial care. 27 (d) The impounding organization may file a petition with 28 the court upon the expiration of the 30-day period requesting 29 the posting of additional security. The court may order the 30 person from whom the animal or animals were seized, or the 31 owner of the animal or animals, to post an additional 32 security with the clerk of the court to secure payment of 33 reasonable expenses for an additional period of time pending 34 a determination by the court of the charges against the -6- LRB9205372MWdvam01 1 person from whom the animal or animals were seized. 2 (e) In no event may the security prevent the impounding 3 organization having custody and care of the animal or animals 4 from disposing of the animal or animals before the expiration 5 of the 30-day period covered by the security if the court 6 makes a determination of the charges against the person from 7 whom the animal or animals were seized. Upon the adjudication 8 of the charges, the person who posted the security is 9 entitled to a refund of the security, in whole or in part, 10 for any expenses not incurred by the impounding organization. 11 (f) Notwithstanding any other provision of this Section 12 to the contrary, the court may order a person charged with 13 any violation of this Act to provide necessary food, water, 14 shelter, and care for any animal or animals that are the 15 basis of the charge without the removal of the animal or 16 animals from its existing location and until the charges 17 against the person are adjudicated. Until a final 18 determination of the charges is made, any law enforcement 19 officer, animal control officer, Department investigator, or 20 an approved humane investigator may be authorized by an order 21 of the court to make regular visits to the place where the 22 animal or animals are being kept to ascertain if the animal 23 or animals are receiving necessary food, water, shelter, and 24 care. Nothing in this Section prevents any law enforcement 25 officer, Department investigator, or approved humane 26 investigator from applying for a warrant under this Section 27 to seize any animal or animals being held by the person 28 charged pending the adjudication of the charges if it is 29 determined that the animal or animals are not receiving the 30 necessary food, water, shelter, or care. 31 (g) Nothing in this Act shall be construed to prevent 32 the voluntary, permanent relinquishment of any animal by its 33 owner to an animal care and control agency or humane society 34 in lieu of posting security or proceeding to a forfeiture -7- LRB9205372MWdvam01 1 hearing. Voluntary relinquishment shall have no effect on 2 the criminal charges that may be pursued by the appropriate 3 authorities. 4 (510 ILCS 70/3.06 new) 5 Sec. 3.06. Disposition of seized animals. 6 (a) Upon the conviction of the person charged, all 7 animals seized, if not previously ordered forfeited or 8 previously forfeited by operation of law, are forfeited to 9 the facility impounding the animals and must be humanely 10 euthanized or adopted. Any outstanding costs incurred by the 11 impounding facility for boarding and treating the animals 12 pending the disposition of the case and any costs incurred in 13 disposing of the animals must be borne by the person 14 convicted. In the event of the acquittal or final discharge 15 without conviction of the person charged and when the animals 16 were not previously ordered forfeited by judicial order or 17 operation of law, the court shall, upon petition of the 18 State, animal control agency, or humane agency, hold a 19 hearing as to the disposition of the animals and other 20 property seized. If the court finds by a preponderance of 21 the evidence that the criminal allegations are true or that 22 the animals were abused, the animals are forfeited to the 23 impounding facility. If the court finds that the State 24 failed to prove the criminal allegations or that the animals 25 were abused, the court must direct the delivery of the 26 animals and other seized property not previously forfeited to 27 the owner of the animals and property. 28 (b) Any person authorized by this Section to care for an 29 animal or animals, to treat an animal or animals, or to 30 attempt to restore an animal or animals to good health and 31 who is acting in good faith is immune from any civil or 32 criminal liability that may result from his or her actions. 33 (c) Any veterinarian in this State who observes or is -8- LRB9205372MWdvam01 1 presented with an animal or animals for the treatment of 2 aggravated cruelty under Section 3.02 or torture under 3 Section 3.03 of this Act must file a report with the 4 Department and cooperate with the Department by furnishing 5 the owner's name, the date of receipt of the animal or 6 animals and any treatment administered, and a description of 7 the animal or animals involved, including a microchip number 8 if applicable. Any veterinarian who in good faith makes a 9 report, as required by this subsection, has immunity from any 10 liability, civil, criminal, or otherwise, that may result 11 from his or her actions. For the purposes of any 12 proceedings, civil or criminal, the good faith of the 13 veterinarian shall be presumed. 14 An animal control or humane agency may humanely euthanize 15 severely injured, diseased, or suffering animals in exigent 16 circumstances. 17 (510 ILCS 70/4.02) (from Ch. 8, par. 704.02) 18 Sec. 4.02. Arrests; reports. 19 (a) Any law enforcement officer making an arrest for an 20 offense involving one or more dogs under Section 4.01 of this 21 Act shall lawfully take possession of all dogs and all 22 paraphernalia, implements, or other property or things used 23 or employed, or about to be employed, in the violation of any 24 of the provisions of Section 4.01 of this Act. When a law 25 enforcement officer has taken Such officer, after taking26 possession of such dogs, paraphernalia, implements or other 27 property or things, he or she shall file with the court 28 before whom the complaint is made against any person so 29 arrested an affidavit stating therein the name of the person 30 charged in the suchcomplaint, a description of the property 31 so taken and the time and place of the taking thereof 32 together with the name of the person from whom the same was 33 taken and name of the person who claims to own such property, -9- LRB9205372MWdvam01 1 if different from the person from whom the dogs were seized 2 and if known, and that the affiant has reason to believe and 3 does believe, stating the ground of the suchbelief, that the 4 dogs and property so taken were wasused or employed, or were 5 wasabout to be used or employed, in a suchviolation of 6 Section 4.01 of this Act. He or she shall thereupon deliver 7 an inventory of the property so taken to the court of 8 competent jurisdiction. The officer must place the dogs in 9 the custody of an animal control or humane agency and the 10 agency must retain custody of the dogs pending an order of 11 the court adjudicating the charges on the merits and before 12 which the person complained against is required to appear for 13 trial. A law enforcement officer may humanely euthanize dogs 14 that are severely injured. 15 An owner whose dogs are removed for a violation of 16 Section 4.01 of this Act must be given written notice of the 17 circumstances of the removal and of any legal remedies 18 available to him or her. The notice must be posted at the 19 place of seizure or delivered to a person residing at the 20 place of seizure or, if the address of the owner is different 21 from the address of the person from whom the dogs were 22 seized, delivered by registered mail to his or her last known 23 address. 24 The animal control or humane agency having custody of the 25 dogs may file a petition with the court requesting that the 26 person from whom the dogs were seized or the owner of the 27 dogs be ordered to post a security pursuant to Section 3.05 28 of this Act , which shall, by order, place the same in custody29 of an officer or other proper person named and designated in30 such order, to be kept by him until the conviction or final31 discharge of such person complained against, and shall send a32 copy of such order without delay to the State's attorney of33 the county and the Department. The officer or person so34 named and designated in such order shall immediately-10- LRB9205372MWdvam01 1 thereupon assume the custody of such property and shall2 retain the same, subject to the order of the court before3 which such person so complained against may be required to4 appear for trial. 5 Upon the conviction of the person so charged, all dogs 6 and property so seized shall be adjudged by the court to be 7 forfeited and shall thereupon be adopted or euthanized. Any 8 outstanding costs incurred by the impounding facility in 9 boarding and treating the dogs pending the disposition of the 10 case and disposing of the dogs upon a conviction must be 11 borne by the person convicted be destroyed or otherwise12 disposed of as the court may order. In the event of the 13 acquittal or final discharge without conviction of the person 14 so charged the suchcourt shall, upon petition of the State, 15 animal control agency, or humane agency, hold a hearing as to 16 the disposition of the dogs and the other property seized. 17 If the court finds by a preponderance of the evidence that 18 the criminal allegations are true or that the dogs were used 19 in fighting, the dogs are forfeited to the impounding 20 facility where the dogs must be adopted out or humanely 21 euthanized. In no event may the dogs be adopted by the 22 defendant or anyone residing in his or her household. If the 23 court finds that the State either failed to prove the 24 criminal allegations or that the dogs were used in fighting, 25 the court must direct the delivery of the dogs and the other 26 property not previously forfeited to the owner of the dogs 27 and property. 28 Any person authorized by this Section to care for a dogs, 29 to treat a dog, or to attempt to restore a dog to good health 30 and who is acting in good faith is immune from any civil or 31 criminal liability that may result from his or her actions. 32 An animal control or humane agency may euthanize severely 33 injured, diseased, or suffering dog in exigent circumstances ,34 on demand, direct the delivery of such property so held in-11- LRB9205372MWdvam01 1 custody to the owner thereof. 2 (b) Any veterinarian in this State who is presented with 3 an animal for treatment of injuries or wounds resulting from 4 fighting where there is a reasonable possibility that the 5 animal was engaged in or utilized for a fighting event shall 6 file a report with the Department and cooperate by furnishing 7 the owners' names, date of receipt of the animal or animals 8 and treatment administered, datesand descriptions of the 9 animal or animals involved. Any veterinarian who in good 10 faith makes a report, as required by this subsection (b), is 11 immune shall have immunityfrom any liability, civil, 12 criminal, or thatotherwise, resulting from his or her might13 result by reason of suchactions. For the purposes of any 14 proceedings, civil or criminal, the good faith of any such 15 veterinarian shall be presumed. 16 (Source: P.A. 84-723.) 17 (510 ILCS 70/4.03) (from Ch. 8, par. 704.03) 18 Sec. 4.03. Teasing, striking or tampering with police 19 animals, service animals, or search and rescue dogs 20 prohibited. It shall be unlawful for any person to willfully 21 and maliciously taunt, torment, tease, beat, strike, or 22 administer or subject any desensitizing drugs, chemicals or 23 substance to (i) any animal used by a law enforcement officer 24 in the performance of his or her functions or duties, or when 25 placed in confinement off duty, (ii) any service animal, 26 (iii) any search and rescue dog, or (iv) any police, service, 27 or search and rescue animal in training. It is unlawful for 28 any person to ; or tointerfere or meddle with (i) any such29 animal used by a law enforcement department or agency or any 30 handler thereof in the performance of the functions or duties 31 of the department or agency, (ii) any service animal, (iii) 32 any search and rescue animal in or (iv) any law enforcement, 33 service, or search and rescue animal in training. -12- LRB9205372MWdvam01 1 (Source: P.A. 90-80, eff. 7-10-97.) 2 (510 ILCS 70/4.04) (from Ch. 8, par. 704.04) 3 Sec. 4.04. Injuring or killing police animals, service 4 animals, or search and rescue dogs prohibited. It shall be 5 unlawful for any person to willfully or maliciously torture, 6 mutilate, injure, disable, poison, or kill (i) any animal 7 used by a law enforcement department or agency in the 8 performance of the functions or duties of the department or 9 agency or when placed in confinement off duty, (ii) any 10 service animal, (iii) any search and rescue dog, or (iv) any 11 law enforcement, service, or search and rescue animal in 12 training. However, a police officer or veterinarian may 13 perform euthanasia in emergency situations when delay would 14 cause the animal undue suffering and pain. 15 (Source: P.A. 90-80, eff. 7-10-97; 91-357, eff. 7-29-99.) 16 (510 ILCS 70/10) (from Ch. 8, par. 710) 17 Sec. 10. Investigation of complaints. 18 (a) Upon receiving a complaint of a suspected violation 19 of this Act, a Department investigator, any law enforcement 20 official, or an approved humane investigator may, for the 21 purpose of investigating the allegations of the complaint, 22 enter during normal business hours upon any premises where 23 the animal or animals described in the complaint are housed 24 or kept, provided such entry shall not be made into any 25 building which is a person's residence, except by search 26 warrant or court order. Institutions operating under federal 27 license to conduct laboratory experimentation utilizing 28 animals for research or medical purposes are, however, exempt 29 from the provisions of this Section. State's Attorneys and 30 law enforcement officials shall provide such assistance as 31 may be required in the conduct of such investigations. Any 32 such investigation requiring legal procedures shall be -13- LRB9205372MWdvam01 1 immediately reported to the Department. No employee or 2 representative of the Department shall enter a livestock 3 management facility unless sanitized footwear is used, or 4 unless the owner or operator of the facility waives this 5 requirement. The employee or representative must also use 6 any other reasonable disease prevention procedures or 7 equipment provided by the owner or operator of the facility. 8 The animal control administrator and animal control wardens 9 appointed under the Animal Control Act shall be authorized to 10 make investigations complying with this Section for alleged 11 violations of Sections 3, and3.01, 3.02, and 3.03 pertaining12 to small companion animals. If impoundments are made by13 wardens, public pounds operated by a political entity shall14 be utilized. The animals impounded shall remain under the 15 jurisdiction of the animal control administrator and be held 16 in an animal pound licensed under the Animal Welfare Act. 17 All litigation, appeal, and disposition of the animals so18 held will remain with the governmental agency operating the19 facility.20 (b) Any law enforcement official, animal control or 21 humane agency, approved humane investigator, or veterinarian 22 acting in good faith is immune from any civil or criminal 23 liability that resulting from his or her actions under this 24 Section. The good faith on the part of the law enforcement 25 official, approved humane investigator, animal control or 26 humane agency, or veterinarian is presumed. 27 (Source: P.A. 87-157.) 28 (510 ILCS 70/12) (from Ch. 8, par. 712) 29 Sec. 12. Impounding animals; notice of impoundment. 30 (a) When an approved humane investigator, a Department 31 investigator or a veterinarian finds that a violation of this 32 Act has rendered an animal in such a condition that no remedy 33 or corrective action by the owner is possible or the violator-14- LRB9205372MWdvam01 1 fails or refuses to take corrective action necessary for2 compliance pursuant to Section 11 of this Act, the Department 3 must mayimpound or order the impoundment of the animal. If 4 the violator fails or refuses to take corrective action 5 necessary for compliance with Section 11 of this Act, the 6 Department may impound the animal. If the animal is ordered 7 impounded, it shall be impounded in a facility or at another 8 location where which will providethe elements of good care 9 as set forth in Section 3 of this Act can be provided, and 10 where such animals shall be examined and treated by a 11 licensed veterinarian or, if the animal is severely injured, 12 diseased, or suffering, humanely euthanized. Any expense 13 incurred in the impoundment shall become a lien on the 14 animals. 15 (b) Emergency impoundment may be exercised in a 16 life-threatening situation and the subject animals shall be 17 conveyed directly to a licensed veterinarian for medical 18 services necessary to sustain life or to be humanely 19 euthanized as determined by the veterinarian. If such 20 emergency procedure is taken by an animal control officer, 21 the Department shall be notified. 22 (c) (b)A notice of impoundment shall be given by the 23 investigator to the violator, if known, in person or sent by 24 certified or registered mail. A copy of the notice shall be 25 retained by the investigator and a copy forwarded immediately 26 to the Department. The notice of impoundment shall include 27 the following: 28 (1) A number assigned by the Department which will 29 also be given to the impounding facility accepting the 30 responsibility of the animal or animals. 31 (2) Listing of deficiencies noted. 32 (3) An accurate description of the animal or 33 animals involved. 34 (4) Date on which the animal or animals were -15- LRB9205372MWdvam01 1 impounded. 2 (5) Signature of the investigator. 3 (6) A statement that: "The violator may request a 4 hearing to appeal the impoundment. A person desiring a 5 hearing shall contact the Department of Agriculture 6 within 7 days from the date of impoundment" and the 7 Department must willhold an administrative hearing 8 within 7 business days after receiving a request to 9 appeal the impoundment. If the hearing cannot be held 10 prior to the expiration of the 7-day impoundment period, 11 the Department shall notify the impounding facility that 12 it cannot sell, offer for adoption, or dispose of the 13 animal or animals until a final decision is rendered and 14 all of the appeal processes have expired. 15 If a hearing is requested by any owner of impounded 16 animals, the Hearing Officer shall, have the authorityafter 17 hearing the testimony of all interested affectedparties, to18 render a decision within 5 business days regarding as tothe 19 disposition of the impounded animals. This decision by the 20 Hearing Officer shall have no effect on the criminal charges 21 that may be filed with the appropriate authorities. 22 If an owner of a companion animal or animal used for 23 fighting purposes requests a hearing, the animal control or 24 humane agency having control of the animal or animals may 25 file a petition with the court in the county where the 26 impoundment took place requesting that the person from whom 27 the animal or animals were seized or the owner of the animal 28 or animals be ordered to post a security pursuant to 29 subsections (a) and (b) of Section 3.05 of this Act. 30 If the court orders the posting of security, the security 31 must be posted with the clerk of the court within 5 business 32 days after the hearing. If the person ordered to post 33 security does not do so, the court must order the Department 34 of Agriculture to hold a hearing on the impoundment within 5 -16- LRB9205372MWdvam01 1 business days. If the Department determines that it is not 2 in the best interest of the animal or animals to be returned 3 to the person from whom it was seized, the animal or animals 4 are forfeited to the animal control or humane agency having 5 control of the animal or animals. If no petition for the 6 posting of a security is filed or a petition was filed and 7 granted but the person failed to post security, any expense 8 incurred in the impoundment shall remain outstanding until 9 satisfied by the owner or the person from whom the animal or 10 animals were impounded. 11 Any expense incurred in such impoundment becomes a lien12 on the animal impounded and must be discharged before the13 animal is released from the facility.When the impoundment is 14 not appealed, the animal or animals are forfeited and the 15 animal control or humane agency in charge of the animal or 16 animals may lawfully and without liability provide for 17 adoption of the animal or animals by a person other than the 18 person who forfeited the animal or animals, or any person or 19 persons dwelling in the same household as the person who 20 forfeited the animals or animals, or it may humanely 21 euthanize the animal or animals. the animal is not claimed by22 its owner and all impoundment costs satisfied within 7 days,23 it may be sold at public or private sale for fair24 consideration to a person capable of providing care25 consistent with this Act, with the proceeds of that sale26 applied first to discharge the lien and any balance to be27 paid over to the owner. If no purchaser is found, the animal28 may be offered for adoption or disposed of in a manner not29 inconsistent with this or any other Act.30 (Source: P.A. 88-600, eff. 9-1-94.) 31 (510 ILCS 70/16) (from Ch. 8, par. 716) 32 Sec. 16. Violations; punishment; injunctions. 33 (a) Any person convicted of violating Sections 5, 5.01, -17- LRB9205372MWdvam01 1 or 6 of this Act or any rule, regulation, or order of the 2 Department pursuant thereto, for the first time is guilty of 3 a Class A Cmisdemeanor. A second or subsequent violation is 4 a Class 4 felony. 5 (b)(1) This subsection (b) does not apply where the 6 only animals involved in the violation are dogs. 7 (2) Any person convicted of violating subsection 8 (a), (b), (c) or (h) of Section 4.01 of this Act or any 9 rule, regulation, or order of the Department pursuant 10 thereto, is guilty of a Class A misdemeanor. 11 (3) A second or subsequent offense involving the 12 violation of subsection (a), (b) or (c) of Section 4.01 13 of this Act or any rule, regulation, or order of the 14 Department pursuant thereto is a Class 4 felony. 15 (4) Any person convicted of violating subsection 16 (d), (e) or (f) of Section 4.01 of this Act or any rule, 17 regulation, or order of the Department pursuant thereto 18 for the first time, is guilty of a Class A Bmisdemeanor. 19 A second or subsequent violation is a Class 4 felony. 20 (5) Any person convicted of violating subsection 21 (g) of Section 4.01 of this Act or any rule, regulation, 22 or order of the Department pursuant thereto is guilty of 23 a Class C misdemeanor. 24 (c)(1) This subsection (c) applies exclusively 25 where the only animals involved in the violation are 26 dogs. 27 (2) Any person convicted of violating subsection 28 (a), (b) or (c) of Section 4.01 of this Act or any rule, 29 regulation or order of the Department pursuant thereto is 30 guilty of a Class 4 felony and may be fined an amount not 31 to exceed $50,000. 32 (3) Any person convicted of violating subsection 33 (d), (e) or (f) of Section 4.01 of this Act or any rule, 34 regulation or order of the Department pursuant thereto is -18- LRB9205372MWdvam01 1 guilty of Class A misdemeanor , if such person knew or2 should have known that the device or equipment under3 subsection (d) or (e) of that Section or the site,4 structure or facility under subsection (f) of that5 Section was to be used to carry out a violation where the6 only animals involved were dogs. Where such person did7 not know or should not reasonably have been expected to8 know that the only animals involved in the violation were9 dogs, the penalty shall be same as that provided for in10 paragraph (4) of subsection (b). 11 (4) Any person convicted of violating subsection 12 (g) of Section 4.01 of this Act or any rule, regulation 13 or order of the Department pursuant thereto is guilty of 14 a Class C misdemeanor. 15 (5) A second or subsequent violation of subsection 16 (a), (b) or (c) of Section 4.01 of this Act or any rule, 17 regulation or order of the Department pursuant thereto is 18 a Class 3 felony. A second or subsequent violation of 19 subsection (d), (e) or (f) of Section 4.01 of this Act or 20 any rule, regulation or order of the Department adopted 21 pursuant thereto is a Class 3 felony, if in each 22 violation the person knew or should have known that the 23 device or equipment under subsection (d) or (e) of that 24 Section or the site, structure or facility under 25 subsection (f) of that Section was to be used to carry 26 out a violation where the only animals involved were 27 dogs. Where such person did not know or should not 28 reasonably have been expected to know that the only 29 animals involved in the violation were dogs, a second or 30 subsequent violation of subsection (d), (e) or (f) of 31 Section 4.01 of this Act or any rule, regulation or order 32 of the Department adopted pursuant thereto is a Class 4 33 felony A misdemeanor. A second or subsequent violation 34 of subsection (g) is a Class B misdemeanor. -19- LRB9205372MWdvam01 1 (6) Any person convicted of violating Section 3.01 2 of this Act is guilty of a Class A Cmisdemeanor. A 3 second or subsequent conviction for a violation of 4 Section 3.01 is a Class 4 felony B misdemeanor. A third5 or subsequent conviction for a violation of Section 3.016 is a Class A misdemeanor. 7 (7) Any person convicted of violating Section 4.03 8 for the first time is guilty of a Class A Bmisdemeanor. 9 A second or subsequent violation is a Class 4 felony. 10 (8) Any person convicted of violating Section 4.04 11 is guilty of a Class A misdemeanor where the animal is 12 not killed or totally disabled, but if the animal is 13 killed or totally disabled such person shall be guilty of 14 a Class 4 felony. 15 (8.5) A person convicted of violating subsection 16 (a) of Section 7.15 is guilty of a Class A Bmisdemeanor. 17 A person convicted of violating subsection (b) or (c) of 18 Section 7.15 is (i) guilty of a Class A misdemeanor if 19 the dog is not killed or totally disabled and (ii) if the 20 dog is killed or totally disabled, guilty of a Class 4 21 felony and may be ordered by the court to make 22 restitution to the disabled person having custody or 23 ownership of the dog for veterinary bills and replacement 24 costs of the dog. A second or subsequent violation is a 25 Class 4 felony. 26 (9) Any person convicted of any other act of abuse 27 or neglect or of violating any other provision of this 28 Act, or any rule, regulation, or order of the Department 29 pursuant thereto, is guilty of a Class A Cmisdemeanor. 30 A second or subsequent violation is a Class 4 felony with31 every day that a violation continues constituting a32 separate offense. 33 (d) Any person convicted of violating Section 7.1 is 34 guilty of a Class C misdemeanor petty offense. A second or -20- LRB9205372MWdvam01 1 subsequent conviction for a violation of Section 7.1 is a 2 Class B Cmisdemeanor. 3 (e) Any person convicted of violating Section 3.02 is 4 guilty of a Class A misdemeanor. A second or subsequent 5 violation is a Class 4 felony. 6 (f) The Department may enjoin a person from a continuing 7 violation of this Act. 8 (g) Any person convicted of violating Section 3.03 is 9 guilty of a Class 4 felony. A second or subsequent offense 10 is a Class 3 felony. As a condition of the sentence imposed 11 under this Section, the court shall order the offender to 12 undergo a psychological or psychiatric evaluation and to 13 undergo treatment that the court determines to be appropriate 14 after due consideration of the evaluation. 15 (h) In addition to any other penalty provided by law, 16 upon a conviction for violating Sections 3, 3.01, 3.02, or 17 3.03 the court may order the convicted person to undergo a 18 psychological or psychiatric evaluation and to undergo any 19 treatment at the convicted person's expense that the court 20 determines to be appropriate after due consideration of the 21 evaluation. If the convicted person is a juvenile or an 22 animal hoarder, the court must order the convicted person to 23 undergo a psychological or psychiatric evaluation and to 24 undergo treatment that the court determines to be appropriate 25 after due consideration of the evaluation. 26 (i) In addition to any other penalty provided by law, 27 upon conviction for violating Sections 3, 3.01, 3.02, or 3.03 28 the court may order the convicted person to forfeit to a 29 humane agency or animal control facility the animal or 30 animals that are the basis of the conviction. Upon an order 31 of forfeiture, the convicted person is deemed to have 32 permanently relinquished all rights to the animal or animals 33 that are the basis of the conviction. The forfeited animal 34 or animals shall be adopted or humanely euthanized. In no -21- LRB9205372MWdvam01 1 event may the convicted person or anyone residing in his or 2 her household be permitted to adopt the forfeited animal or 3 animals. The court, additionally, may order that the 4 convicted person and persons dwelling in the same household 5 as the convicted person who conspired, aided, or abetted in 6 the unlawful act that was the basis of the conviction, or who 7 knew or should have known of the unlawful act, may not own, 8 harbor, or have custody or control of any other animals for a 9 period of time that the court deems reasonable. 10 (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; 11 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff. 12 7-29-99; revised 8-30-99.) 13 (510 ILCS 70/17 new) 14 Sec. 17. Payment of the costs of violations. In addition 15 to the any other penalties under this Act, the convicted 16 person must pay all costs necessary to restore the injured 17 animal to good health or to otherwise ameliorate the effects 18 of the abuse or neglect. In addition, the court must order 19 the convicted person to pay all costs incurred in boarding 20 and caring for any animal abused or neglected by the 21 convicted person pending the disposition of the case and the 22 costs of the disposition of the animal after the conclusion 23 of the case. All costs paid by the convicted person must be 24 reimbursed to the humane organization, person, or legal 25 entity that incurred the costs. The court must also order 26 that an equitable portion of any fine received be paid to any 27 recognized humane organization that incurred costs in 28 investigating or prosecuting the offenses for which the 29 person paying the fine was convicted. 30 (510 ILCS 70/18 new) 31 Sec. 18. Defenses. 32 (a) It is not a defense to violations of this Act for -22- LRB9205372MWdvam01 1 the person committing the violation to assert that he or she 2 had rights of ownership in the animal that was the victim of 3 the violation. 4 (b) Trespass is not a defense to a prosecution under 5 this Act. 6 (510 ILCS 70/19 new) 7 Sec. 19. Corporations. Corporations may be charged with 8 violations of this Act for the acts of their employees or 9 agents who violate this Act in the course of their employment 10 or agency. 11 (510 ILCS 70/20 new) 12 Sec. 20. Civil actions. Any person who has a right of 13 ownership in an animal that is subjected to an act of abuse 14 or neglect in violation of this Act may bring a civil action 15 to recover the damages sustained by that owner. Damages may 16 include, but are not limited to, the monetary value of the 17 animal, veterinary expenses incurred on behalf of the animal, 18 any other expenses incurred by the owner in rectifying the 19 effects of the cruelty, pain, and suffering of the animal, 20 and emotional distress suffered by the owner. In addition to 21 damages that may be proven, the owner is also entitled to 22 punitive or exemplary damages of not less than $500 but not 23 more than $25,000 for each act of abuse or neglect to which 24 the animal was subjected. In addition, the court must award 25 reasonable attorney's fees and costs actually incurred by the 26 owner in the prosecution of any action under this Section. 27 The remedies provided in this Section are in addition to 28 any other remedies allowed by law. 29 In an action under this Section, the court may enter any 30 injunctive orders reasonably necessary to protect animals 31 from any further acts of abuse, neglect, or harassment by a 32 defendant. Trespass is not a defense to any action under -23- LRB9205372MWdvam01 1 this Section. 2 The statute of limitations for cruelty to animals is 2 3 years. 4 (510 ILCS 70/21 new) 5 Sec. 21. Illinois Animal Abuse Fund. The Illinois Animal 6 Abuse Fund is created as a special fund in the State 7 treasury. Moneys in the Fund may be used, subject to 8 appropriation, by the Department of Agriculture to 9 investigate animal abuse and neglect under this Act. 10 Section 10. The Clerks of Courts Act is amended by 11 changing Section 27.5 as follows: 12 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) 13 Sec. 27.5. (a) All fees, fines, costs, additional 14 penalties, bail balances assessed or forfeited, and any other 15 amount paid by a person to the circuit clerk that equals an 16 amount less than $55, except restitution under Section 5-5-6 17 of the Unified Code of Corrections, reimbursement for the 18 costs of an emergency response as provided under Section 19 5-5-3 of the Unified Code of Corrections, any fees collected 20 for attending a traffic safety program under paragraph (c) of 21 Supreme Court Rule 529, any fee collected on behalf of a 22 State's Attorney under Section 4-2002 of the Counties Code or 23 a sheriff under Section 4-5001 of the Counties Code, or any 24 cost imposed under Section 124A-5 of the Code of Criminal 25 Procedure of 1963, for convictions, orders of supervision, or 26 any other disposition for a violation of Chapters 3, 4, 6, 27 11, and 12 of the Illinois Vehicle Code, or a similar 28 provision of a local ordinance, and any violation of the 29 Child Passenger Protection Act, or a similar provision of a 30 local ordinance, and except as provided in subsection (b) 31 shall be disbursed within 60 days after receipt by the -24- LRB9205372MWdvam01 1 circuit clerk as follows: 47% shall be disbursed to the 2 entity authorized by law to receive the fine imposed in the 3 case; 12% shall be disbursed to the State Treasurer; and 41% 4 shall be disbursed to the county's general corporate fund. Of 5 the 12% disbursed to the State Treasurer, 1/6 shall be 6 deposited by the State Treasurer into the Violent Crime 7 Victims Assistance Fund, 1/2 shall be deposited into the 8 Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall 9 be deposited into the Drivers Education Fund. For fiscal 10 years 1992 and 1993, amounts deposited into the Violent Crime 11 Victims Assistance Fund, the Traffic and Criminal Conviction 12 Surcharge Fund, or the Drivers Education Fund shall not 13 exceed 110% of the amounts deposited into those funds in 14 fiscal year 1991. Any amount that exceeds the 110% limit 15 shall be distributed as follows: 50% shall be disbursed to 16 the county's general corporate fund and 50% shall be 17 disbursed to the entity authorized by law to receive the fine 18 imposed in the case. Not later than March 1 of each year the 19 circuit clerk shall submit a report of the amount of funds 20 remitted to the State Treasurer under this Section during the 21 preceding year based upon independent verification of fines 22 and fees. All counties shall be subject to this Section, 23 except that counties with a population under 2,000,000 may, 24 by ordinance, elect not to be subject to this Section. For 25 offenses subject to this Section, judges shall impose one 26 total sum of money payable for violations. The circuit clerk 27 may add on no additional amounts except for amounts that are 28 required by Sections 27.3a and 27.3c of this Act, unless 29 those amounts are specifically waived by the judge. With 30 respect to money collected by the circuit clerk as a result 31 of forfeiture of bail, ex parte judgment or guilty plea 32 pursuant to Supreme Court Rule 529, the circuit clerk shall 33 first deduct and pay amounts required by Sections 27.3a and 34 27.3c of this Act. This Section is a denial and limitation of -25- LRB9205372MWdvam01 1 home rule powers and functions under subsection (h) of 2 Section 6 of Article VII of the Illinois Constitution. 3 (b) The following amounts must be remitted to the State 4 Treasurer for deposit into the Illinois Animal Abuse Fund: 5 (1) 50% of amounts collected for Class 4 felonies 6 under subsection (a), paragraph (4) of subsection (b), 7 and paragraphs (5), (6), (7), (8.5), and (9) of 8 subsection (c) of Section 16 of the Humane Care for 9 Animals Act. 10 (2) 20% of amounts collected for Class A 11 misdemeanors under subsection (a), paragraph (4) of 12 subsection (b), and paragraphs (6), (7), and (9) of 13 subsection (c) of Section 16 of the Humane Care for 14 Animals Act. 15 (3) 20% of amounts collected for Class B 16 misdemeanors under subsection (d) of Section 16 of the 17 Humane Care for Animals Act. 18 (4) 50% of amounts collected for Class C 19 misdemeanors under subsection (d) of Section 16 of the 20 Humane Care for Animals Act. 21 (Source: P.A. 89-234, eff. 1-1-96.) 22 Section 15. The State Finance Act is amended by adding 23 Section 5.545 as follows: 24 (30 ILCS 105/5.545 new) 25 Sec. 5.545. The Illinois Animal Abuse Fund. 26 Section 25. Severability. The provisions of this 27 amendatory Act of the 92nd General Assembly are severable 28 under Section 1.31 of the Statute on Statutes. 29 Section 99. Effective date. This Act takes effect on 30 January 1, 2002.".
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