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92_HB5639enr HB5639 Enrolled LRB9214907REsb 1 AN ACT concerning police 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) 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 22 of this Act or any rule, regulation, or order of the 23 Department pursuant thereto is a Class 4 felony. 24 (4) Any person convicted of violating subsection 25 (d), (e) or (f) of Section 4.01 of this Act or any rule, 26 regulation, or order of the Department pursuant thereto, 27 is guilty of a Class A misdemeanor. A second or 28 subsequent violation is a Class 4 felony. 29 (5) Any person convicted of violating subsection 30 (g) of Section 4.01 of this Act or any rule, regulation, 31 or order of the Department pursuant thereto is guilty of HB5639 Enrolled -2- LRB9214907REsb 1 a Class C misdemeanor. 2 (c)(1) This subsection (c) applies exclusively 3 where the only animals involved in the violation are 4 dogs. 5 (2) Any person convicted of violating subsection 6 (a), (b) or (c) of Section 4.01 of this Act or any rule, 7 regulation or order of the Department pursuant thereto is 8 guilty of a Class 4 felony and may be fined an amount not 9 to exceed $50,000. A person who knowingly owns a dog for 10 fighting purposes or for producing a fight between 2 or 11 more dogs or a dog and human or who knowingly offers for 12 sale or sells a dog bred for fighting is guilty of a 13 Class 3 felony if any of the following factors is 14 present: 15 (i) the dogfight is performed in the presence 16 of a person under 18 years of age; 17 (ii) the dogfight is performed for the purpose 18 of or in the presence of illegal wagering activity; 19 or 20 (iii) the dogfight is performed in furtherance 21 of streetgang related activity as defined in Section 22 10 of the Illinois Streetgang Terrorism Omnibus 23 Prevention Act. 24 (3) Any person convicted of violating subsection 25 (d) or (e) of Section 4.01 of this Act or any rule, 26 regulation or order of the Department pursuant thereto is 27 guilty of Class A misdemeanor. 28 (3.5) Any person convicted of violating subsection 29 (f) of Section 4.01 is guilty of a Class 4 felony. 30 (4) Any person convicted of violating subsection 31 (g) of Section 4.01 of this Act or any rule, regulation 32 or order of the Department pursuant thereto is guilty of 33 a Class C misdemeanor. 34 (5) A second or subsequent violation of subsection HB5639 Enrolled -3- LRB9214907REsb 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 a Class 3 felony. A second or subsequent violation of 4 subsection (d) or (e) of Section 4.01 of this Act or any 5 rule, regulation or order of the Department adopted 6 pursuant thereto is a Class 3 felony, if in each 7 violation the person knew or should have known that the 8 device or equipment under subsection (d) or (e) of that 9 Section was to be used to carry out a violation where the 10 only animals involved were dogs. Where such person did 11 not know or should not reasonably have been expected to 12 know that the only animals involved in the violation were 13 dogs, a second or subsequent violation of subsection (d) 14 or (e) of Section 4.01 of this Act or any rule, 15 regulation or order of the Department adopted pursuant 16 thereto is a Class A misdemeanor. A second or subsequent 17 violation of subsection (g) is a Class B misdemeanor. 18 (6) Any person convicted of violating Section 3.01 19 of this Act is guilty of a Class A misdemeanor. A second 20 or subsequent conviction for a violation of Section 3.01 21 is a Class 4 felony. 22 (7) Any person convicted of violating Section 4.03 23 is guilty of a Class A misdemeanor. A second or 24 subsequent violation is a Class 4 felony. 25 (8) Any person convicted of violating Section 4.04 26 is guilty of a Class 4 felonyA misdemeanorwhere the 27 animal is not killed or totally disabled, but if the 28 animal is killed or totally disabled such person shall be 29 guilty of a Class 34felony. 30 (8.5) A person convicted of violating subsection 31 (a) of Section 7.15 is guilty of a Class A misdemeanor. 32 A person convicted of violating subsection (b) or (c) of 33 Section 7.15 is (i) guilty of a Class A misdemeanor if 34 the dog is not killed or totally disabled and (ii) if the HB5639 Enrolled -4- LRB9214907REsb 1 dog is killed or totally disabled, guilty of a Class 4 2 felony and may be ordered by the court to make 3 restitution to the disabled person having custody or 4 ownership of the dog for veterinary bills and replacement 5 costs of the dog. A second or subsequent violation is a 6 Class 4 felony. 7 (9) Any person convicted of any other act of abuse 8 or neglect or of violating any other provision of this 9 Act, or any rule, regulation, or order of the Department 10 pursuant thereto, is guilty of a Class B misdemeanor. A 11 second or subsequent violation is a Class 4 felony with 12 every day that a violation continues constituting a 13 separate offense. 14 (d) Any person convicted of violating Section 7.1 is 15 guilty of a Class C misdemeanor. A second or subsequent 16 conviction for a violation of Section 7.1 is a Class B 17 misdemeanor. 18 (e) Any person convicted of violating Section 3.02 is 19 guilty of a Class 4 felony. A second or subsequent violation 20 is a Class 3 felony. 21 (f) The Department may enjoin a person from a continuing 22 violation of this Act. 23 (g) Any person convicted of violating Section 3.03 is 24 guilty of a Class 3 felony. As a condition of the sentence 25 imposed under this Section, the court shall order the 26 offender to undergo a psychological or psychiatric evaluation 27 and to undergo treatment that the court determines to be 28 appropriate after due consideration of the evaluation. 29 (h) In addition to any other penalty provided by law, 30 upon a conviction for violating Sections 3, 3.01, 3.02, or 31 3.03 the court may order the convicted person to undergo a 32 psychological or psychiatric evaluation and to undergo any 33 treatment at the convicted person's expense that the court 34 determines to be appropriate after due consideration of the HB5639 Enrolled -5- LRB9214907REsb 1 evaluation. If the convicted person is a juvenile or a 2 companion animal hoarder, the court must order the convicted 3 person to undergo a psychological or psychiatric evaluation 4 and to undergo treatment that the court determines to be 5 appropriate after due consideration of the evaluation. 6 (i) In addition to any other penalty provided by law, 7 upon conviction for violating Sections 3, 3.01, 3.02, or 3.03 8 the court may order the convicted person to forfeit to an 9 animal control or animal shelter the animal or animals that 10 are the basis of the conviction. Upon an order of 11 forfeiture, the convicted person is deemed to have 12 permanently relinquished all rights to the animal or animals 13 that are the basis of the conviction. The forfeited animal 14 or animals shall be adopted or humanely euthanized. In no 15 event may the convicted person or anyone residing in his or 16 her household be permitted to adopt the forfeited animal or 17 animals. The court, additionally, may order that the 18 convicted person and persons dwelling in the same household 19 as the convicted person who conspired, aided, or abetted in 20 the unlawful act that was the basis of the conviction, or who 21 knew or should have known of the unlawful act, may not own, 22 harbor, or have custody or control of any other animals for a 23 period of time that the court deems reasonable. 24 (Source: P.A. 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 25 91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-425, eff. 26 1-1-02; 92-454, eff. 1-1-02; revised 10-11-01.)