State of Illinois
92nd General Assembly
Legislation

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92_HB5639eng

 
HB5639 Engrossed                               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
 
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 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 Engrossed            -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 felony  A  misdemeanor  where  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 3 4 felony.
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
 
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 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 Engrossed            -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.)

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