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92_HB5625
LRB9213132AGcs
1 AN ACT concerning animals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Humane Care for Animals Act is amended by
5 changing Section 16 as follows:
6 (510 ILCS 70/16) (from Ch. 8, par. 716)
7 Sec. 16. Violations; punishment; injunctions.
8 (a) Any person convicted of violating subsection (l) of
9 Section 4.01 or Sections 5, 5.01, or 6 of this Act or any
10 rule, regulation, or order of the Department pursuant
11 thereto, is guilty of a Class A misdemeanor. A second or
12 subsequent violation of Section 5, 5.01, or 6 is a Class 4
13 felony.
14 (b)(1) This subsection (b) applies to every
15 violation, including every violation that involves more
16 than one type of animal, except that it does not apply
17 where the only one or more animals involved in the
18 violation are dogs.
19 (2) Any person convicted of violating subsection
20 (a), (b), (c) or (h) of Section 4.01 of this Act or any
21 rule, regulation, or order of the Department pursuant
22 thereto, is guilty of a Class A misdemeanor.
23 (3) A second or subsequent offense involving the
24 violation of subsection (a), (b) or (c) of Section 4.01
25 of this Act or any rule, regulation, or order of the
26 Department pursuant thereto is a Class 4 felony.
27 (4) Any person convicted of violating subsection
28 (d), (e) or (f) of Section 4.01 of this Act or any rule,
29 regulation, or order of the Department pursuant thereto,
30 is guilty of a Class A misdemeanor. A second or
31 subsequent violation is a Class 4 felony.
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1 (5) Any person convicted of violating subsection
2 (g) of Section 4.01 of this Act or any rule, regulation,
3 or order of the Department pursuant thereto is guilty of
4 a Class C misdemeanor.
5 (c)(1) This subsection (c) applies exclusively
6 where the only one or more animals involved in the
7 violation are dogs.
8 (2) Any person convicted of violating subsection
9 (a), (b) or (c) of Section 4.01 of this Act or any rule,
10 regulation or order of the Department pursuant thereto is
11 guilty of a Class 4 felony and may be fined an amount not
12 to exceed $50,000. A person who knowingly owns a dog for
13 fighting purposes or for producing a fight between 2 or
14 more dogs or a dog and human or who knowingly offers for
15 sale or sells a dog bred for fighting is guilty of a
16 Class 3 felony if any of the following factors is
17 present:
18 (i) the dogfight is performed in the presence
19 of a person under 18 years of age;
20 (ii) the dogfight is performed for the purpose
21 of or in the presence of illegal wagering activity;
22 or
23 (iii) the dogfight is performed in furtherance
24 of streetgang related activity as defined in Section
25 10 of the Illinois Streetgang Terrorism Omnibus
26 Prevention Act.
27 (3) Any person convicted of violating subsection
28 (d) or (e) of Section 4.01 of this Act or any rule,
29 regulation or order of the Department pursuant thereto is
30 guilty of Class A misdemeanor.
31 (3.5) Any person convicted of violating subsection
32 (f) of Section 4.01 is guilty of a Class 4 felony.
33 (4) Any person convicted of violating subsection
34 (g) of Section 4.01 of this Act or any rule, regulation
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1 or order of the Department pursuant thereto is guilty of
2 a Class C misdemeanor.
3 (5) A second or subsequent violation of subsection
4 (a), (b) or (c) of Section 4.01 of this Act or any rule,
5 regulation or order of the Department pursuant thereto is
6 a Class 3 felony. A second or subsequent violation of
7 subsection (d) or (e) of Section 4.01 of this Act or any
8 rule, regulation or order of the Department adopted
9 pursuant thereto is a Class 3 felony, if in each
10 violation the person knew or should have known that the
11 device or equipment under subsection (d) or (e) of that
12 Section was to be used to carry out a violation where the
13 only one or more animals involved were dogs. Where such
14 person did not know or should not reasonably have been
15 expected to know that the only one or more animals
16 involved in the violation were dogs, a second or
17 subsequent violation of subsection (d) or (e) of Section
18 4.01 of this Act or any rule, regulation or order of the
19 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 A misdemeanor. A second
24 or subsequent conviction for a violation of Section 3.01
25 is a Class 4 felony.
26 (7) Any person convicted of violating Section 4.03
27 is guilty of a Class A misdemeanor. A second or
28 subsequent violation is a Class 4 felony.
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 A 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. A second or subsequent violation is a
10 Class 4 felony.
11 (9) Any person convicted of any other act of abuse
12 or neglect or of violating any other provision of this
13 Act, or any rule, regulation, or order of the Department
14 pursuant thereto, is guilty of a Class B misdemeanor. A
15 second or subsequent violation is a Class 4 felony with
16 every day that a violation continues constituting a
17 separate offense.
18 (d) Any person convicted of violating Section 7.1 is
19 guilty of a Class C misdemeanor. A second or subsequent
20 conviction for a violation of Section 7.1 is a Class B
21 misdemeanor.
22 (e) Any person convicted of violating Section 3.02 is
23 guilty of a Class 4 felony. A second or subsequent violation
24 is a Class 3 felony.
25 (f) The Department may enjoin a person from a continuing
26 violation of this Act.
27 (g) Any person convicted of violating Section 3.03 is
28 guilty of a Class 3 felony. As a condition of the sentence
29 imposed under this Section, the court shall order the
30 offender to undergo a psychological or psychiatric evaluation
31 and to undergo treatment that the court determines to be
32 appropriate after due consideration of the evaluation.
33 (h) In addition to any other penalty provided by law,
34 upon a conviction for violating Sections 3, 3.01, 3.02, or
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1 3.03 the court may order the convicted person to undergo a
2 psychological or psychiatric evaluation and to undergo any
3 treatment at the convicted person's expense that the court
4 determines to be appropriate after due consideration of the
5 evaluation. If the convicted person is a juvenile or a
6 companion animal hoarder, the court must order the convicted
7 person to undergo a psychological or psychiatric evaluation
8 and to undergo treatment that the court determines to be
9 appropriate after due consideration of the evaluation.
10 (i) In addition to any other penalty provided by law,
11 upon conviction for violating Sections 3, 3.01, 3.02, or 3.03
12 the court may order the convicted person to forfeit to an
13 animal control or animal shelter the animal or animals that
14 are the basis of the conviction. Upon an order of
15 forfeiture, the convicted person is deemed to have
16 permanently relinquished all rights to the animal or animals
17 that are the basis of the conviction. The forfeited animal
18 or animals shall be adopted or humanely euthanized. In no
19 event may the convicted person or anyone residing in his or
20 her household be permitted to adopt the forfeited animal or
21 animals. The court, additionally, may order that the
22 convicted person and persons dwelling in the same household
23 as the convicted person who conspired, aided, or abetted in
24 the unlawful act that was the basis of the conviction, or who
25 knew or should have known of the unlawful act, may not own,
26 harbor, or have custody or control of any other animals for a
27 period of time that the court deems reasonable.
28 (Source: P.A. 91-291, eff. 1-1-00; 91-351, eff. 7-29-99;
29 91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-425, eff.
30 1-1-02; 92-454, eff. 1-1-02; revised 10-11-01.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.