State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_SB1806

 
                                              LRB9211445EGfgA

 1        AN ACT concerning the humane care of 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 Sections 3, 3.01, 3.02, 3.03, 3.04, 3.05,  4,  4.01,
 6    4.02,  4.03,  4.04,  5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 as
 7    follows:

 8        (510 ILCS 70/3) (from Ch. 8, par. 703)
 9        Sec. 3. Owner's duties.  Each  owner  shall  provide  for
10    each of his animals:
11             (a)  sufficient  quantity of good quality, wholesome
12        food and water;
13             (b)  adequate  shelter  and  protection   from   the
14        weather;
15             (c)  veterinary   care   when   needed   to  prevent
16        suffering; and
17             (d)  humane care and treatment.
18        A person convicted of violating this Section is guilty of
19    a Class B misdemeanor.  A second or subsequent violation is a
20    Class 4 felony with every  day  that  a  violation  continues
21    constituting  a  separate  offense.  In addition to any other
22    penalty provided by law, upon conviction for  violating  this
23    Section,  the court may order the convicted person to undergo
24    a psychological or psychiatric evaluation and to undergo  any
25    treatment  at  the  convicted person's expense that the court
26    determines to be appropriate after due consideration  of  the
27    evaluation.   If  the  convicted  person  is  a juvenile or a
28    companion animal hoarder, the court must order the  convicted
29    person  to  undergo a psychological or psychiatric evaluation
30    and to undergo treatment that  the  court  determines  to  be
31    appropriate after due consideration of the evaluation.
 
                            -2-               LRB9211445EGfgA
 1    (Source: P.A. 78-905.)

 2        (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
 3        Sec.  3.01.   Cruel  treatment.   No  person or owner may
 4    beat, cruelly treat, torment, starve, overwork  or  otherwise
 5    abuse any animal.
 6        No  owner  may  abandon  any animal where it may become a
 7    public charge or may suffer injury, hunger or exposure.
 8        A person convicted of violating this Section is guilty of
 9    a Class A misdemeanor.  A second or subsequent conviction for
10    a violation of this Section is a Class 4 felony.  In addition
11    to any other penalty provided by  law,  upon  conviction  for
12    violating  this  Section,  the  court may order the convicted
13    person to undergo a psychological or  psychiatric  evaluation
14    and  to  undergo  any  treatment  at  the  convicted person's
15    expense that the court determines to be appropriate after due
16    consideration of the evidence.  If the convicted person is  a
17    juvenile  or a companion animal hoarder, the court must order
18    the  convicted  person  to   undergo   a   psychological   or
19    psychiatric  evaluation  and  to  undergo  treatment that the
20    court determines to be appropriate after due consideration of
21    the evaluation.
22    (Source: P.A. 84-466.)

23        (510 ILCS 70/3.02)
24        Sec.   3.02.  Aggravated   cruelty.    No   person    may
25    intentionally commit an act that causes a companion animal to
26    suffer  serious injury or death.  Aggravated cruelty does not
27    include euthanasia of a companion animal  through  recognized
28    methods approved by the Department of Agriculture.
29        A person convicted of violating Section 3.02 is guilty of
30    a  Class  4  felony.   A  second or subsequent violation is a
31    Class 3 felony.  In addition to any other penalty provided by
32    law, upon conviction for violating this  Section,  the  court
 
                            -3-               LRB9211445EGfgA
 1    may  order the convicted person to undergo a psychological or
 2    psychiatric evaluation and to undergo any  treatment  at  the
 3    convicted  person's  expense  that the court determines to be
 4    appropriate after due consideration of  the  evaluation.   If
 5    the  convicted  person  is  a  juvenile or a companion animal
 6    hoarder, the court must order the convicted person to undergo
 7    a psychological or  psychiatric  evaluation  and  to  undergo
 8    treatment  that  the court determines to be appropriate after
 9    due consideration of the evaluation.
10    (Source: P.A. 88-600, eff. 9-1-94.)

11        (510 ILCS 70/3.03)
12        Sec. 3.03.  Animal torture.
13        (a)  A person commits animal  torture  when  that  person
14    without   legal   justification  knowingly  or  intentionally
15    tortures an  animal.   For  purposes  of  this  Section,  and
16    subject  to  subsection (b), "torture" means infliction of or
17    subjection to extreme physical pain, motivated by  an  intent
18    to  increase  or prolong the pain, suffering, or agony of the
19    animal.
20        (b)  For the purposes of this Section,  "animal  torture"
21    does  not  include  any  death, harm, or injury caused to any
22    animal by any of the following activities:
23             (1)  any  hunting,  fishing,  trapping,   or   other
24        activity  allowed  under  the Wildlife Code, the Wildlife
25        Habitat Management Areas Act, or  the  Fish  and  Aquatic
26        Life Code;
27             (2)  any  alteration  or  destruction  of any animal
28        done by any person or  unit  of  government  pursuant  to
29        statute,  ordinance,  court  order, or the direction of a
30        licensed veterinarian;
31             (3)  any alteration or destruction of any animal  by
32        any person for any legitimate purpose, including, but not
33        limited  to:  castration,  culling, declawing, defanging,
 
                            -4-               LRB9211445EGfgA
 1        ear cropping, euthanasia, gelding,  grooming,  neutering,
 2        polling,  shearing,  shoeing, slaughtering, spaying, tail
 3        docking, and vivisection; and
 4             (4)  any other activity that may be lawfully done to
 5        an animal.
 6        (c)  A person convicted  of  violating  this  Section  is
 7    guilty  of  a Class 3 felony.  As a condition of the sentence
 8    imposed  under  this  Section,  the  court  shall  order  the
 9    offender to undergo a psychological or psychiatric evaluation
10    and to undergo treatment that  the  court  determines  to  be
11    appropriate after due consideration of the evaluation.
12    (Source: P.A. 91-351, eff. 7-29-99.)

13        (510 ILCS 70/3.04)
14        Sec. 3.04.  Arrests and seizures.
15        (a)  Any  law enforcement officer making an arrest for an
16    offense involving one or more companion animals under Section
17    3.01, 3.02, or 3.03 of this Act may lawfully take  possession
18    of  some or all of the companion animals in the possession of
19    the person arrested.  The officer, after taking possession of
20    the companion animals, must file with the court  before  whom
21    the  complaint  is  made  against  any  person so arrested an
22    affidavit stating the name  of  the  person  charged  in  the
23    complaint,  a  description  of the condition of the companion
24    animal or companion animals taken, and the time and place the
25    companion animal or companion animals  were  taken,  together
26    with the name of the person from whom the companion animal or
27    companion  animals  were  taken  and  name  of the person who
28    claims to own the companion animal or  companion  animals  if
29    different  from  the person from whom the companion animal or
30    companion animals were seized.  He or she must  at  the  same
31    time   deliver  an  inventory  of  the  companion  animal  or
32    companion  animals  taken   to   the   court   of   competent
33    jurisdiction.  The officer must place the companion animal or
 
                            -5-               LRB9211445EGfgA
 1    companion  animals  in  the  custody  of an animal control or
 2    animal shelter and the agency  must  retain  custody  of  the
 3    companion  animal or companion animals subject to an order of
 4    the court adjudicating the charges on the merits  and  before
 5    which the person complained against is required to appear for
 6    trial.   The  State's  Attorney may, within 14 days after the
 7    seizure, file a "petition  for  forfeiture  prior  to  trial"
 8    before  the  court  having  criminal  jurisdiction  over  the
 9    alleged  charges,  asking  for  permanent  forfeiture  of the
10    companion animals seized.  The petition shall be  filed  with
11    the  court,  with copies served on the impounding agency, the
12    owner, and anyone claiming an interest in the animals.  In  a
13    "petition  for  forfeiture  prior to trial", the burden is on
14    the prosecution to prove by a preponderance of  the  evidence
15    that  the  person arrested violated Section 3.01, 3.02, 3.03,
16    or 4.01 of this Act or Section 26-5 of the Criminal  Code  of
17    1961.
18        (b)  An owner whose companion animal or companion animals
19    are  removed  by a law enforcement officer under this Section
20    must be given written notice  of  the  circumstances  of  the
21    removal  and  of  any legal remedies available to him or her.
22    The notice must  be  posted  at  the  place  of  seizure,  or
23    delivered to a person residing at the place of seizure or, if
24    the address of the owner is different from the address of the
25    person  from  whom  the companion animal or companion animals
26    were seized, delivered by registered mail to his or her  last
27    known address.
28    (Source: P.A. 92-454, eff. 1-1-02.)

29        (510 ILCS 70/3.05)
30        Sec.  3.05.  Security  for  companion animals and animals
31    used for fighting purposes.
32        (a)  In the case  of  companion  animals  as  defined  in
33    Section  2.01a  or  animals  used  for  fighting  purposes in
 
                            -6-               LRB9211445EGfgA
 1    violation of pursuant to Section 4.01 of this Act or  Section
 2    26-5  of  the  Criminal  Code  of 1961, the animal control or
 3    animal shelter having custody of the animal  or  animals  may
 4    file  a  petition  with  the court requesting that the person
 5    from whom the animal or animals are seized, or the  owner  of
 6    the  animal  or  animals,  be  ordered to post security.  The
 7    security must be in an amount sufficient to secure payment of
 8    all reasonable expenses expected to be incurred by the animal
 9    control or animal shelter in caring for and providing for the
10    animal or animals pending the  disposition  of  the  charges.
11    Reasonable   expenses   include,  but  are  not  limited  to,
12    estimated medical care and boarding of the animal or  animals
13    for  30  days. The amount of the security shall be determined
14    by the court after taking into consideration all of the facts
15    and circumstances of the case, including, but not limited to,
16    the recommendation  of  the  impounding  organization  having
17    custody and care of the seized animal or animals and the cost
18    of  caring  for  the animal or animals.  If security has been
19    posted in accordance with this Section, the animal control or
20    animal shelter may draw from the security  the  actual  costs
21    incurred  by  the  agency  in caring for the seized animal or
22    animals.
23        (b)  Upon receipt of a petition, the  court  must  set  a
24    hearing  on  the  petition, to be conducted within 5 business
25    days after the petition is filed.  The petitioner must  serve
26    a  true  copy  of  the  petition  upon  the defendant and the
27    State's Attorney for  the  county  in  which  the  animal  or
28    animals  were  seized.  The petitioner must also serve a true
29    copy of the petition  on  any  interested  person.   For  the
30    purposes  of  this  subsection,  "interested person" means an
31    individual,   partnership,   firm,   joint   stock   company,
32    corporation,  association,  trust,  estate,  or  other  legal
33    entity  that  the  court  determines  may  have  a  pecuniary
34    interest in the animal or animals that are the subject of the
 
                            -7-               LRB9211445EGfgA
 1    petition.  The court must set a hearing date to determine any
 2    interested parties.  The court may waive for good cause shown
 3    the posting of security.
 4        (c)  If the court orders the  posting  of  security,  the
 5    security  must be posted with the clerk of the court within 5
 6    business days after the hearing.  If the  person  ordered  to
 7    post  security  does  not  do  so,  the animal or animals are
 8    forfeited by operation of  law  and  the  animal  control  or
 9    animal  shelter  having control of the animal or animals must
10    dispose of the animal or animals  through  adoption  or  must
11    humanely euthanize the animal.  In no event may the defendant
12    or any person residing in the defendant's household adopt the
13    animal or animals.
14        (d)  The impounding organization may file a petition with
15    the court upon the expiration of the 30-day period requesting
16    the  posting of additional security.  The court may order the
17    person from whom the animal or animals were  seized,  or  the
18    owner  of  the animal or animals, to post additional security
19    with the clerk of the court to secure payment  of  reasonable
20    expenses   for   an  additional  period  of  time  pending  a
21    determination by the court of the charges against the  person
22    from whom the animal or animals were seized.
23        (e)  In  no event may the security prevent the impounding
24    organization having custody and care of the animal or animals
25    from disposing of the animal or animals before the expiration
26    of the 30-day period covered by the  security  if  the  court
27    makes a final determination of the charges against the person
28    from  whom  the  animal  or  animals  were  seized.  Upon the
29    adjudication of  the  charges,  the  person  who  posted  the
30    security is entitled to a refund of the security, in whole or
31    in  part,  for  any  expenses  not incurred by the impounding
32    organization.
33        (f)  Notwithstanding any other provision of this  Section
34    to  the  contrary,  the court may order a person charged with
 
                            -8-               LRB9211445EGfgA
 1    any violation of this Act to provide necessary  food,  water,
 2    shelter,  and  care  for  any  animal or animals that are the
 3    basis of the charge without the  removal  of  the  animal  or
 4    animals  from  their  existing location and until the charges
 5    against  the  person  are  adjudicated.     Until   a   final
 6    determination  of  the  charges  is made, any law enforcement
 7    officer, animal control officer, Department investigator,  or
 8    an approved humane investigator may be authorized by an order
 9    of  the  court  to make regular visits to the place where the
10    animal or animals are being kept to ascertain if  the  animal
11    or  animals are receiving necessary food, water, shelter, and
12    care.  Nothing in this Section prevents any  law  enforcement
13    officer,   Department   investigator,   or   approved  humane
14    investigator from applying for a warrant under  this  Section
15    to  seize  any  animal  or  animals  being held by the person
16    charged pending the adjudication of  the  charges  if  it  is
17    determined  that  the animal or animals are not receiving the
18    necessary food, water, shelter, or care.
19        (g)  Nothing in this Act shall be  construed  to  prevent
20    the  voluntary, permanent relinquishment of any animal by its
21    owner to an animal control  or  animal  shelter  in  lieu  of
22    posting  security  or  proceeding  to  a  forfeiture hearing.
23    Voluntary relinquishment shall have no effect on the criminal
24    charges that may be pursued by the appropriate authorities.
25        (h)  If an owner of a companion animal  is  acquitted  by
26    the  court  of  charges  made pursuant to this Act, the court
27    shall further order that any security that  has  been  posted
28    for  the  animal  shall  be  returned  to  the  owner  by the
29    impounding organization.
30        (i)  The provisions  of  this  Section  only  pertain  to
31    companion animals and animals used for fighting purposes.
32    (Source: P.A. 92-454, eff. 1-1-02.)

33        (510 ILCS 70/4) (from Ch. 8, par. 704)
 
                            -9-               LRB9211445EGfgA
 1        Sec.  4.  Prohibited acts.  No person may sell, offer for
 2    sale, barter, or give away as a pet or a novelty  any  rabbit
 3    or  any  baby  chick,  duckling  or other fowl which has been
 4    dyed, colored, or otherwise treated to impart  an  artificial
 5    color  thereto.   Baby chicks or ducklings shall not be sold,
 6    offered  for  sale,  bartered,  or  given  away  as  pets  or
 7    novelties.  Rabbits, ducklings or baby chicks  shall  not  be
 8    awarded as prizes in any game of chance.
 9        A person convicted of violating this section is guilty of
10    a Class B misdemeanor.  A second or subsequent violation is a
11    Class  4  felony,  with  every day that a violation continues
12    constituting a separate offense.
13    (Source: P.A. 86-172.)

14        (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
15        Sec. 4.01.  Animals in entertainment.  This Section  does
16    not  apply when the only animals involved are dogs.  (Section
17    26-5 of the Criminal Code of 1961, rather than this  Section,
18    applies   when   the   only   animals   involved  are  dogs.)
19    Prohibitions.
20        (a)  No person may own, capture, breed, train,  or  lease
21    any  animal  which he or she knows or should know is intended
22    for use in any show, exhibition, program, or  other  activity
23    featuring  or otherwise involving a fight between such animal
24    and any other animal or human, or the intentional killing  of
25    any   animal   for   the   purpose  of  sport,  wagering,  or
26    entertainment.
27        (b)  No  person  shall  promote,   conduct,   carry   on,
28    advertise, collect money for or in any other manner assist or
29    aid  in  the presentation for purposes of sport, wagering, or
30    entertainment,  any  show,  exhibition,  program,  or   other
31    activity  involving  a fight between 2 or more animals or any
32    animal and human, or the intentional killing of any animal.
33        (c)  No person  shall  sell  or  offer  for  sale,  ship,
 
                            -10-              LRB9211445EGfgA
 1    transport,  or  otherwise  move,  or  deliver  or receive any
 2    animal which  he  or  she  knows  or  should  know  has  been
 3    captured, bred, or trained, or will be used, to fight another
 4    animal  or  human or be intentionally killed, for the purpose
 5    of sport, wagering, or entertainment.
 6        (d)  No person  shall  manufacture  for  sale,  shipment,
 7    transportation or delivery any device or equipment which that
 8    person  knows or should know is intended for use in any show,
 9    exhibition, program, or other activity featuring or otherwise
10    involving a fight between 2 or more animals, or any human and
11    animal, or the intentional killing of any animal for purposes
12    of
13        (e)  No person shall own,  possess,  sell  or  offer  for
14    sale,  ship,  transport,  or  otherwise move any equipment or
15    device which such person knows or should know is intended for
16    use in connection with  any  show,  exhibition,  program,  or
17    activity  featuring  or otherwise involving a fight between 2
18    or more animals, or any animal and human, or the  intentional
19    killing  of  any  animal  for  purposes of sport, wagering or
20    entertainment.
21        (f)  No person shall make available any site,  structure,
22    or  facility,  whether enclosed or not, which he or she knows
23    or should know is intended to be  used  for  the  purpose  of
24    conducting  any  show, exhibition, program, or other activity
25    involving a fight between 2 or more animals,  or  any  animal
26    and  human,  or  the  intentional  killing  of  any animal or
27    knowingly manufacture, distribute, or deliver fittings to  be
28    used in a fight between 2 or more dogs or a dog and a human.
29        (g)  No  person  shall  attend or otherwise patronize any
30    show, exhibition, program, or  other  activity  featuring  or
31    otherwise involving a fight between 2 or more animals, or any
32    animal  and  human,  or the intentional killing of any animal
33    for the purposes of sport, wagering or entertainment.
34        (h)  (Blank). No person shall tie or attach or fasten any
 
                            -11-              LRB9211445EGfgA
 1    live animal to any machine or device propelled by  any  power
 2    for the purpose of causing such animal to be pursued by a dog
 3    or  dogs.  This subsection (h) shall apply only when such dog
 4    is intended to be used in a dog fight.
 5        (i)  Any animals or equipment involved in a violation  of
 6    this  Section shall be immediately seized and impounded under
 7    Section 12 by  the  Department  when  located  at  any  show,
 8    exhibition, program, or other activity featuring or otherwise
 9    involving   an  animal  fight  for  the  purposes  of  sport,
10    wagering, or entertainment.
11        (j)  Any  vehicle  or  conveyance  other  than  a  common
12    carrier that is used in violation of this  Section  shall  be
13    seized,  held,  and offered for sale at public auction by the
14    sheriff's department of  the  proper  jurisdiction,  and  the
15    proceeds  from the sale shall be remitted to the general fund
16    of the county where the violation took place.
17        (k)  Any veterinarian in this State who is presented with
18    an animal for treatment of injuries or wounds resulting  from
19    fighting  where  there  is  a reasonable possibility that the
20    animal was engaged in or utilized for a  fighting  event  for
21    the  purposes of sport, wagering, or entertainment shall file
22    a report with the Department and cooperate by furnishing  the
23    owners'  names,  dates,  and  descriptions  of  the animal or
24    animals  involved.   Any  veterinarian  who  in  good   faith
25    complies   with  the  requirements  of  this  subsection  has
26    immunity from any liability, civil, criminal,  or  otherwise,
27    that may result from his or her actions.  For the purposes of
28    any  proceedings,  civil  or  criminal, the good faith of the
29    veterinarian shall be rebuttably presumed.
30        (l)  No person shall  conspire  or  solicit  a  minor  to
31    violate this Section.
32        (m)  The  penalties  for violations of this Section shall
33    be as follows:
34             (1)  A person convicted of violating subsection (a),
 
                            -12-              LRB9211445EGfgA
 1        (b), or (c) of this Section or any rule,  regulation,  or
 2        order  of  the Department pursuant thereto is guilty of a
 3        Class A misdemeanor for the first offense.  A  second  or
 4        subsequent  offense involving the violation of subsection
 5        (a), (b), or (c) of this Section or any rule, regulation,
 6        or order of the Department pursuant thereto is a Class  4
 7        felony.
 8             (2)  A person convicted of violating subsection (d),
 9        (e),  or  (f) of this Section or any rule, regulation, or
10        order of the Department pursuant thereto is guilty  of  a
11        Class  A  misdemeanor for the first offense.  A second or
12        subsequent violation is a Class 4 felony.
13             (3)  A person convicted of violating subsection  (g)
14        of  this Section or any rule, regulation, or order of the
15        Department pursuant  thereto  is  guilty  of  a  Class  C
16        misdemeanor.
17             (4)  A  person convicted of violating subsection (l)
18        of this Section is guilty of a Class A misdemeanor.
19    (Source: P.A.  92-425,  eff.  1-1-02;  92-454,  eff.  1-1-02;
20    revised 10-11-01.)

21        (510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
22        Sec. 4.02.  Arrests; reports.
23        (a)  Any  law enforcement officer making an arrest for an
24    offense involving one or more animals under Section  4.01  of
25    this  Act  or Section 26-5 of the Criminal Code of 1961 shall
26    lawfully   take   possession   of   all   animals   and   all
27    paraphernalia, implements, or other property or  things  used
28    or employed, or about to be employed, in the violation of any
29    of the provisions of Section 4.01 of this Act or Section 26-5
30    of the Criminal Code of 1961.  When a law enforcement officer
31    has   taken   possession   of  such  animals,  paraphernalia,
32    implements or other property or things, he or she shall  file
33    with  the court before whom the complaint is made against any
 
                            -13-              LRB9211445EGfgA
 1    person so arrested an affidavit stating therein the  name  of
 2    the  person  charged  in the complaint, a  description of the
 3    property so taken and  the  time  and  place  of  the  taking
 4    thereof  together  with  the name of the person from whom the
 5    same was taken and name of the person who claims to own  such
 6    property,  if different from the person from whom the animals
 7    dogs were seized and if  known,  and  that  the  affiant  has
 8    reason to believe and does believe, stating the ground of the
 9    belief, that the animals dogs and property so taken were used
10    or  employed,  or  were  about  to  be used or employed, in a
11    violation of Section 4.01 of this Act or Section 26-5 of  the
12    Criminal  Code of 1961.  He or she shall thereupon deliver an
13    inventory of the property so taken to the court of  competent
14    jurisdiction.    A   law  enforcement  officer  may  humanely
15    euthanize animals dogs that are severely injured.
16        An owner whose animals dogs are removed for  a  violation
17    of  Section  4.01 of this Act or Section 26-5 of the Criminal
18    Code  of  1961  must  be  given   written   notice   of   the
19    circumstances  of  the  removal  and  of  any  legal remedies
20    available to him or her.  The notice must be  posted  at  the
21    place  of  seizure  or  delivered to a person residing at the
22    place of seizure or, if the address of the owner is different
23    from the address of the person from  whom  the  animals  dogs
24    were  seized, delivered by registered mail to his or her last
25    known address.
26        The animal control or animal shelter  having  custody  of
27    the   animals  dogs  may  file  a  petition  with  the  court
28    requesting that the person from whom the  animals  dogs  were
29    seized  or  the  owner of the animals dogs be ordered to post
30    security pursuant to Section 3.05 of this Act.
31        Upon the conviction of the person so charged, all animals
32    dogs shall be adopted or humanely euthanized and property  so
33    seized  shall  be adjudged by the court to be forfeited.  Any
34    outstanding costs incurred  by  the  impounding  facility  in
 
                            -14-              LRB9211445EGfgA
 1    boarding   and   treating   the   animals  dogs  pending  the
 2    disposition of the case and disposing  of  the  animals  dogs
 3    upon  a conviction must be borne by the person convicted.  In
 4    no event may the animals dogs be adopted by the defendant  or
 5    anyone  residing in his or her household.  If the court finds
 6    that  the  State  either  failed  to   prove   the   criminal
 7    allegations  or  failed  to  prove that the animals dogs were
 8    used in fighting, the court must direct the delivery  of  the
 9    animals  dogs and the other property not previously forfeited
10    to the owner of the animals dogs and property.
11        Any person authorized by this  Section  to  care  for  an
12    animal  a  dog,  to  treat  an animal a dog, or to attempt to
13    restore an animal a dog to good health and who is  acting  in
14    good  faith  is  immune  from any civil or criminal liability
15    that may result from his or her actions.
16        An animal control warden, animal  control  administrator,
17    animal  shelter employee, or approved humane investigator may
18    humanely euthanize severely injured, diseased,  or  suffering
19    animal dog in exigent circumstances.
20        (b)  Any veterinarian in this State who is presented with
21    an  animal for treatment of injuries or wounds resulting from
22    fighting where there is a  reasonable  possibility  that  the
23    animal  was engaged in or utilized for a fighting event shall
24    file a report with the Department and cooperate by furnishing
25    the owners' names, date of receipt of the animal  or  animals
26    and treatment administered, and descriptions of the animal or
27    animals involved.  Any veterinarian who in good faith makes a
28    report,  as  required  by this subsection (b), is immune from
29    any liability, civil, criminal, or otherwise, resulting  from
30    his  or  her  actions.   For the purposes of any proceedings,
31    civil or criminal, the good faith of  any  such  veterinarian
32    shall be presumed.
33    (Source:  P.A.  92-425,  eff.  1-1-02;  92-454,  eff. 1-1-02;
34    revised 10-11-01.)
 
                            -15-              LRB9211445EGfgA
 1        (510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
 2        Sec. 4.03. Teasing, striking  or  tampering  with  police
 3    animals,   service   animals,   or  search  and  rescue  dogs
 4    prohibited.  It shall be unlawful for any person to willfully
 5    and maliciously  taunt,  torment,  tease,  beat,  strike,  or
 6    administer  or  subject any desensitizing drugs, chemicals or
 7    substance to (i) any animal used by a law enforcement officer
 8    in the performance of his or her functions or duties, or when
 9    placed in confinement off  duty,  (ii)  any  service  animal,
10    (iii) any search and rescue dog, or (iv) any police, service,
11    or  search and rescue animal in training.  It is unlawful for
12    any person to interfere or meddle with (i) any animal used by
13    a law enforcement department or agency or any handler thereof
14    in  the  performance  of  the  functions  or  duties  of  the
15    department or agency, (ii)  any  service  animal,  (iii)  any
16    search  and rescue dog, or (iv) any law enforcement, service,
17    or search and rescue animal in training.
18        Any person convicted of violating this Section is  guilty
19    of  a  Class A misdemeanor.  A second or subsequent violation
20    is a Class 4 felony.
21    (Source: P.A. 92-454, eff. 1-1-02.)

22        (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
23        Sec. 4.04. Injuring or killing  police  animals,  service
24    animals,  or  search and rescue dogs prohibited.  It shall be
25    unlawful for any person to willfully or maliciously  torture,
26    mutilate,  injure,  disable,  poison,  or kill (i) any animal
27    used by  a  law  enforcement  department  or  agency  in  the
28    performance  of  the functions or duties of the department or
29    agency or when placed  in  confinement  off  duty,  (ii)  any
30    service  animal, (iii) any search and rescue dog, or (iv) any
31    law enforcement, service, or  search  and  rescue  animal  in
32    training.   However,  a  police  officer  or veterinarian may
33    perform euthanasia in emergency situations when  delay  would
 
                            -16-              LRB9211445EGfgA
 1    cause the animal undue suffering and pain.
 2        A person convicted of violating this Section is guilty of
 3    a  Class A misdemeanor if the animal is not killed or totally
 4    disabled; if the animal is killed or  totally  disabled,  the
 5    person is guilty of a Class 4 felony.
 6    (Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02.)

 7        (510 ILCS 70/5) (from Ch. 8, par. 705)
 8        Sec.  5.  Lame or disabled horses.  No person shall sell,
 9    offer to sell, lead, ride, transport, or drive on any  public
10    way any equidae which, because of debility, disease, lameness
11    or any other cause, could not be worked in this State without
12    violating  this  Act,  unless  the  equidae  is  being  sold,
13    transported,  or housed with the intent that it will be moved
14    in  an  expeditious  and  humane  manner   to   an   approved
15    slaughtering  establishment.  Such equidae may be conveyed to
16    a proper place for medical or surgical treatment, for  humane
17    keeping  or  euthanasia,  or  for  slaughter  in  an approved
18    slaughtering establishment.
19        A person convicted of violating this Section or any rule,
20    regulation, or order of the Department  pursuant  thereto  is
21    guilty  of  a  Class  A  misdemeanor.  A second or subsequent
22    violation is a Class 4 felony.
23    (Source: P.A. 87-157.)

24        (510 ILCS 70/5.01)
25        Sec. 5.01.  Horse poling or tripping.
26        (a)  As used in this Section:
27        "Pole" means to use a method of  training  a  horse  that
28    consists  of  (i) forcing, persuading, or enticing a horse to
29    jump so that one or more of its legs contacts an  obstruction
30    consisting  of  any  kind of wire, or a pole, stick, rope, or
31    other object in which is embedded  brads,  nails,  tacks,  or
32    other  sharp  points  or  (ii) raising, throwing, or moving a
 
                            -17-              LRB9211445EGfgA
 1    pole, stick, wire, rope, or other object against one or  more
 2    legs  of  a  horse while it is jumping an obstruction so that
 3    the horse, in either case, is induced to  raise  its  leg  or
 4    legs higher in order to clear the obstruction.
 5        "Trip"  means  to use a wire, rope, pole, stick, or other
 6    object or apparatus to cause a horse  to  fall  or  lose  its
 7    balance.
 8        (b)  No  person may knowingly pole or trip a horse by any
 9    means for entertainment or sport purposes.
10        (c)  This Section does not  prohibit  the  lawful  laying
11    down of a horse for medical or identification purposes.
12        (d)  A  person  convicted  of  violating  this Section is
13    guilty of a Class A  misdemeanor.   A  second  or  subsequent
14    violation of this Section is a Class 4 felony.
15    (Source: P.A. 89-455, eff. 5-20-96.)

16        (510 ILCS 70/6) (from Ch. 8, par. 706)
17        Sec.  6.  Poisoning  prohibited.  No person may knowingly
18    poison or cause to be poisoned  any  dog  or  other  domestic
19    animal.   The  only  exception will be by written permit from
20    the  Department  for  the  purpose  of  controlling  diseases
21    transmissible to humans or other animals and  only  when  all
22    other  methods and means have been exhausted.  Such a written
23    permit shall  name  the  person  or  persons  conducting  the
24    poisoning,   specify  the  products  to  be  used,  give  the
25    boundaries  of   the   area   involved,   and   specify   the
26    precautionary measures to be employed to insure the safety of
27    humans and other animals.  Any drug used for euthanasia shall
28    be by or under the direction of a licensed veterinarian.
29        A person convicted of violating this Section or any rule,
30    regulation,  or  order  of the Department pursuant thereto is
31    guilty of a Class A misdemeanor.    A  second  or  subsequent
32    violation is a Class 4 Felony.
33    (Source: P.A. 78-905.)
 
                            -18-              LRB9211445EGfgA
 1        (510 ILCS 70/7) (from Ch. 8, par. 707)
 2        Sec.  7.  Confinement or detention during transportation.
 3    No  owner,  railroad  or  other  common  carrier  may,   when
 4    transporting  any animal, allow that animal to be confined in
 5    any type of conveyance more than 28 consecutive hours without
 6    being exercised as necessary  for  that  particular  type  of
 7    animal  and  without  being properly rested, fed and watered;
 8    except that a reasonable extension of this time  limit  shall
 9    be  granted  when a storm or accident causes a delay.  In the
10    case of default  of  the  owner  or  consignee,  the  company
11    transporting  the  animal  shall  exercise  the  animal, when
12    necessary for the particular  type  of  animal  and  for  the
13    proper  resting,  feeding,  watering  and  sheltering of such
14    animal, and shall have a  lien  upon  the  animal  until  all
15    expenses resulting therefrom have been paid.
16        Any  person  who  intentionally  or  negligently  without
17    jurisdiction  of  law  detains  a  shipment of livestock long
18    enough to endanger the health or safety of the  livestock  is
19    liable  to the owner for any diminution in the value or death
20    of the livestock.
21        Authorities detaining a  livestock  shipment  shall  give
22    priority  to  the  health and safety of the animals and shall
23    expeditiously handle any legal violation so that  the  intact
24    shipment may safely reach its designated destination.
25        A person convicted of violating this Section or any rule,
26    regulation,  or  order of the Department pursuant thereto, is
27    guilty of a Class B misdemeanor.    A  second  or  subsequent
28    violation  is  a  Class  4  felony,  with  every  day  that a
29    violation continues constituting a separate offense.
30    (Source: P.A. 87-1094.)

31        (510 ILCS 70/7.1) (from Ch. 8, par. 707.1)
32        Sec. 7.1. Confinement in motor  vehicle.    No  owner  or
33    person  shall confine any animal in a motor vehicle in such a
 
                            -19-              LRB9211445EGfgA
 1    manner that  places  it  in  a  life  or  health  threatening
 2    situation  by  exposure to a prolonged period of extreme heat
 3    or cold, without proper ventilation or other protection  from
 4    such heat or cold.  In order to protect the health and safety
 5    of  an  animal,  an  animal  control officer, law enforcement
 6    officer, or Department investigator who has probable cause to
 7    believe that  this  Section  is  being  violated  shall  have
 8    authority to enter such motor vehicle by any reasonable means
 9    under  the  circumstances after making a reasonable effort to
10    locate the owner or other person responsible.
11        A person convicted of violating this Section is guilty of
12    a Class C misdemeanor.  A second or subsequent violation is a
13    Class B misdemeanor.
14    (Source: P.A. 86-1325.)

15        (510 ILCS 70/7.5)
16        Sec. 7.5.  Downed animals.
17        (a)  For the purpose of this Section a downed  animal  is
18    one incapable of walking without assistance.
19        (b)  No  downed  animal  shall  be  sent  to a stockyard,
20    auction, or other facility where its  impaired  mobility  may
21    result  in suffering.  An injured animal may be sent directly
22    to a slaughter facility.
23        (c)  A downed animal sent to  a  stockyard,  auction,  or
24    other facility in violation of this Section shall be humanely
25    euthanized,  the  disposition  of  such  animal  shall be the
26    responsibility of the owner, and the owner  shall  be  liable
27    for any expense incurred.
28        If  an  animal  becomes downed in transit it shall be the
29    responsibility of the carrier.
30        (d)  A downed animal  shall  not  be  transported  unless
31    individually segregated.
32        (e)  A  person convicted of violating this Section or any
33    rule, regulation, or order of the Department pursuant thereto
 
                            -20-              LRB9211445EGfgA
 1    is guilty of a Class B misdemeanor.  A second  or  subsequent
 2    violation  is  a  Class  4  felony,  with  every  day  that a
 3    violation continues constituting a separate offense.
 4    (Source: P.A. 88-66.)

 5        (510 ILCS 70/7.15)
 6        Sec. 7.15. Guide, hearing, and support dogs.
 7        (a)  A person may not willfully  and  maliciously  annoy,
 8    taunt,  tease,  harass,  torment,  beat,  or  strike a guide,
 9    hearing, or support dog or otherwise engage  in  any  conduct
10    directed  toward  a  guide,  hearing,  or support dog that is
11    likely to impede or interfere with the dog's  performance  of
12    its  duties  or  that  places the blind, hearing impaired, or
13    physically handicapped person being served or assisted by the
14    dog in danger of injury.
15        (b)  A person may not willfully and maliciously  torture,
16    injure, or kill a guide, hearing, or support dog.
17        (c)  A  person may not willfully and maliciously permit a
18    dog that is owned, harbored, or controlled by the  person  to
19    cause  injury to or the death of a guide, hearing, or support
20    dog while the guide, hearing, or support dog is in  discharge
21    of its duties.
22        (d)  A  person  convicted  of  violating  this Section is
23    guilty of a Class A  misdemeanor.   A  second  or  subsequent
24    violation  is  a  Class  4  felony.   A  person  convicted of
25    violating subsection (b) or (c) of this Section is guilty  of
26    a  Class  4  felony if the dog is killed or totally disabled,
27    and may be ordered by the court to make  restitution  to  the
28    disabled  person  having  custody or ownership of the dog for
29    veterinary bills and replacement costs of the dog.
30    (Source: P.A. 89-689, eff. 12-31-96.)

31        (510 ILCS 70/16) (from Ch. 8, par. 716)
32        Sec.    16.  Miscellaneous    violations;     punishment;
 
                            -21-              LRB9211445EGfgA
 1    injunctions; forfeiture.
 2        (a)  (Blank).   Any   person   convicted   of   violating
 3    subsection  (l)  of Section 4.01 or Sections 5, 5.01, or 6 of
 4    this Act or any rule, regulation, or order of the  Department
 5    pursuant  thereto,  is  guilty  of  a Class A misdemeanor.  A
 6    second or subsequent violation of Section 5, 5.01, or 6 is  a
 7    Class 4 felony.
 8        (b)  (Blank).  (1)  This  subsection  (b)  does not apply
 9        where the only animals  involved  in  the  violation  are
10        dogs.
11             (2)  Any  person  convicted  of violating subsection
12        (a), (b), (c) or (h) of Section 4.01 of this Act  or  any
13        rule,  regulation,  or  order  of the Department pursuant
14        thereto, is guilty of a Class A misdemeanor.
15             (3)  A second or subsequent  offense  involving  the
16        violation  of  subsection (a), (b) or (c) of Section 4.01
17        of this Act or any rule,  regulation,  or  order  of  the
18        Department pursuant thereto is a Class 4 felony.
19             (4)  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,
22        is  guilty  of  a  Class  A  misdemeanor.   A  second  or
23        subsequent violation is a Class 4 felony.
24             (5)  Any person convicted  of  violating  subsection
25        (g)  of Section 4.01 of this Act or any rule, regulation,
26        or order of the Department pursuant thereto is guilty  of
27        a Class C misdemeanor.
28             (c)(1)  This   subsection  (c)  applies  exclusively
29        where the only animals  involved  in  the  violation  are
30        dogs.
31             (2)  Any  person  convicted  of violating subsection
32        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
33        regulation or order of the Department pursuant thereto is
34        guilty of a Class 4 felony and may be fined an amount not
 
                            -22-              LRB9211445EGfgA
 1        to exceed $50,000.  A person who knowingly owns a dog for
 2        fighting  purposes  or for producing a fight between 2 or
 3        more dogs or a dog and human or who knowingly offers  for
 4        sale  or  sells  a  dog  bred for fighting is guilty of a
 5        Class 3  felony  if  any  of  the  following  factors  is
 6        present:
 7                  (i)  the  dogfight is performed in the presence
 8             of a person under 18 years of age;
 9                  (ii)  the dogfight is performed for the purpose
10             of or in the presence of illegal wagering  activity;
11             or
12                  (iii)  the dogfight is performed in furtherance
13             of streetgang related activity as defined in Section
14             10  of  the  Illinois  Streetgang  Terrorism Omnibus
15             Prevention Act.
16             (3)  Any person convicted  of  violating  subsection
17        (d)  or  (e)  of  Section  4.01  of this Act or any rule,
18        regulation or order of the Department pursuant thereto is
19        guilty of Class A misdemeanor.
20             (3.5)  Any person convicted of violating  subsection
21        (f) of Section 4.01 is guilty of a Class 4 felony.
22             (4)  Any  person  convicted  of violating subsection
23        (g) of Section 4.01 of this Act or any  rule,  regulation
24        or  order of the Department pursuant thereto is guilty of
25        a Class C misdemeanor.
26             (5)  A second or subsequent violation of  subsection
27        (a),  (b) or (c) of Section 4.01 of this Act or any rule,
28        regulation or order of the Department pursuant thereto is
29        a Class 3 felony.  A second or  subsequent  violation  of
30        subsection  (d) or (e) of Section 4.01 of this Act or any
31        rule, regulation  or  order  of  the  Department  adopted
32        pursuant  thereto  is  a  Class  3  felony,  if  in  each
33        violation  the  person knew or should have known that the
34        device or equipment under subsection (d) or (e)  of  that
 
                            -23-              LRB9211445EGfgA
 1        Section was to be used to carry out a violation where the
 2        only  animals  involved were dogs.  Where such person did
 3        not know or should not reasonably have been  expected  to
 4        know that the only animals involved in the violation were
 5        dogs,  a second or subsequent violation of subsection (d)
 6        or  (e)  of  Section  4.01  of  this  Act  or  any  rule,
 7        regulation or order of the  Department  adopted  pursuant
 8        thereto is a Class A misdemeanor.  A second or subsequent
 9        violation of subsection (g) is a Class B misdemeanor.
10             (6)  Any  person convicted of violating Section 3.01
11        of this Act is guilty of a Class A misdemeanor.  A second
12        or subsequent conviction for a violation of Section  3.01
13        is a Class 4 felony.
14             (7)  Any  person convicted of violating Section 4.03
15        is  guilty  of  a  Class  A  misdemeanor.   A  second  or
16        subsequent violation is a Class 4 felony.
17             (8)  Any person convicted of violating Section  4.04
18        is  guilty  of  a Class A misdemeanor where the animal is
19        not killed or totally disabled,  but  if  the  animal  is
20        killed or totally disabled such person shall be guilty of
21        a Class 4 felony.
22             (8.5)  A  person  convicted  of violating subsection
23        (a) of Section 7.15 is guilty of a Class  A  misdemeanor.
24        A  person convicted of violating subsection (b) or (c) of
25        Section 7.15 is (i) guilty of a Class  A  misdemeanor  if
26        the dog is not killed or totally disabled and (ii) if the
27        dog  is  killed  or totally disabled, guilty of a Class 4
28        felony  and  may  be  ordered  by  the  court   to   make
29        restitution  to  the  disabled  person  having custody or
30        ownership of the dog for veterinary bills and replacement
31        costs of the dog.  A second or subsequent violation is  a
32        Class 4 felony.
33        (c)  (9)  Any  person convicted of any other act of abuse
34    or neglect for which no other penalty is  specified  in  this
 
                            -24-              LRB9211445EGfgA
 1    Act,  or of violating any other provision of this Act, or any
 2    rule, regulation, or order of the Department pursuant thereto
 3    for which no other penalty  is  specified  in  this  Act,  is
 4    guilty  of  a Class B misdemeanor for the first violation.  A
 5    second or subsequent violation is  a  Class  4  felony,  with
 6    every  day that a violation continues constituting a separate
 7    offense.
 8        (d)  (Blank). Any person convicted of  violating  Section
 9    7.1  is  guilty  of  a  Class  C  misdemeanor.   A  second or
10    subsequent conviction for a violation of  Section  7.1  is  a
11    Class B misdemeanor.
12        (e)  (Blank).  Any  person convicted of violating Section
13    3.02 is guilty of a Class 4 felony.  A second  or  subsequent
14    violation is a Class 3 felony.
15        (f)  The Department may enjoin a person from a continuing
16    violation of this Act.
17        (g)  (Blank).  Any  person convicted of violating Section
18    3.03 is guilty of a Class 3 felony.  As a  condition  of  the
19    sentence  imposed  under  this Section, the court shall order
20    the  offender  to  undergo  a  psychological  or  psychiatric
21    evaluation and to undergo treatment that the court determines
22    to be appropriate after due consideration of the evaluation.
23        (h)  (Blank). In addition to any other  penalty  provided
24    by  law,  upon  a  conviction for violating Sections 3, 3.01,
25    3.02, or 3.03 the court may order  the  convicted  person  to
26    undergo  a  psychological  or  psychiatric  evaluation and to
27    undergo any treatment at the convicted person's expense  that
28    the   court   determines   to   be   appropriate   after  due
29    consideration of the evaluation. If the convicted person is a
30    juvenile or a companion animal hoarder, the court must  order
31    the   convicted   person   to   undergo  a  psychological  or
32    psychiatric evaluation and  to  undergo  treatment  that  the
33    court determines to be appropriate after due consideration of
34    the evaluation.
 
                            -25-              LRB9211445EGfgA
 1        (i)  In  addition  to  any other penalty provided by law,
 2    upon conviction for violating Section Sections 3, 3.01, 3.02,
 3    or 3.03 the court may order the convicted person  to  forfeit
 4    to  an animal control or animal shelter the animal or animals
 5    that are the basis of  the  conviction.   Upon  an  order  of
 6    forfeiture,   the   convicted   person   is  deemed  to  have
 7    permanently relinquished all rights to the animal or  animals
 8    that  are  the basis of the conviction.  The forfeited animal
 9    or animals shall be adopted or humanely  euthanized.   In  no
10    event  may  the convicted person or anyone residing in his or
11    her household be permitted to adopt the forfeited  animal  or
12    animals.    The  court,  additionally,  may  order  that  the
13    convicted person and persons dwelling in the  same  household
14    as  the  convicted person who conspired, aided, or abetted in
15    the unlawful act that was the basis of the conviction, or who
16    knew or should have known of the unlawful act, may  not  own,
17    harbor, or have custody or control of any other animals for a
18    period of time that the court deems reasonable.
19    (Source:  P.A.  91-291,  eff.  1-1-00;  91-351, eff. 7-29-99;
20    91-357, eff.  7-29-99;  92-16,  eff.  6-28-01;  92-425,  eff.
21    1-1-02; 92-454, eff. 1-1-02; revised 10-11-01.)

22        Section  10.  The  Clerks  of  Courts  Act  is amended by
23    changing Sections 27.5 and 27.6 as follows:

24        (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
25        Sec.  27.5.  (a)  All  fees,  fines,  costs,   additional
26    penalties, bail balances assessed or forfeited, and any other
27    amount  paid  by a person to the circuit clerk that equals an
28    amount less than $55, except restitution under Section  5-5-6
29    of  the  Unified  Code  of Corrections, reimbursement for the
30    costs of an emergency  response  as  provided  under  Section
31    5-5-3  of the Unified Code of Corrections, any fees collected
32    for attending a traffic safety program under paragraph (c) of
 
                            -26-              LRB9211445EGfgA
 1    Supreme Court Rule 529, any fee  collected  on  behalf  of  a
 2    State's Attorney under Section 4-2002 of the Counties Code or
 3    a  sheriff  under Section 4-5001 of the Counties Code, or any
 4    cost imposed under Section 124A-5 of  the  Code  of  Criminal
 5    Procedure of 1963, for convictions, orders of supervision, or
 6    any  other  disposition  for a violation of Chapters 3, 4, 6,
 7    11, and 12  of  the  Illinois  Vehicle  Code,  or  a  similar
 8    provision  of  a  local  ordinance,  and any violation of the
 9    Child Passenger Protection Act, or a similar provision  of  a
10    local  ordinance,  and  except  as provided in subsection (b)
11    shall be disbursed  within  60  days  after  receipt  by  the
12    circuit  clerk  as  follows:   47%  shall be disbursed to the
13    entity authorized by law to receive the fine imposed  in  the
14    case;  12% shall be disbursed to the State Treasurer; and 41%
15    shall be disbursed to the county's  general  corporate  fund.
16    Of  the  12%  disbursed  to the State Treasurer, 1/6 shall be
17    deposited by the  State  Treasurer  into  the  Violent  Crime
18    Victims  Assistance  Fund,  1/2  shall  be deposited into the
19    Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
20    be deposited into the Drivers  Education  Fund.   For  fiscal
21    years 1992 and 1993, amounts deposited into the Violent Crime
22    Victims  Assistance Fund, the Traffic and Criminal Conviction
23    Surcharge Fund, or  the  Drivers  Education  Fund  shall  not
24    exceed  110%  of  the  amounts  deposited into those funds in
25    fiscal year 1991.  Any amount that  exceeds  the  110%  limit
26    shall  be  distributed  as follows: 50% shall be disbursed to
27    the  county's  general  corporate  fund  and  50%  shall   be
28    disbursed to the entity authorized by law to receive the fine
29    imposed  in the case. Not later than March 1 of each year the
30    circuit clerk shall submit a report of the  amount  of  funds
31    remitted to the State Treasurer under this Section during the
32    preceding  year  based upon independent verification of fines
33    and fees.  All counties shall be  subject  to  this  Section,
34    except  that  counties with a population under 2,000,000 may,
 
                            -27-              LRB9211445EGfgA
 1    by ordinance, elect not to be subject to this  Section.   For
 2    offenses  subject  to  this  Section, judges shall impose one
 3    total sum of money payable for violations.  The circuit clerk
 4    may add on no additional amounts except for amounts that  are
 5    required  by  Sections  27.3a  and  27.3c of this Act, unless
 6    those amounts are specifically waived  by  the  judge.   With
 7    respect  to  money collected by the circuit clerk as a result
 8    of forfeiture of bail,  ex  parte  judgment  or  guilty  plea
 9    pursuant  to  Supreme Court Rule 529, the circuit clerk shall
10    first deduct and pay amounts required by Sections  27.3a  and
11    27.3c of this Act. This Section is a denial and limitation of
12    home  rule  powers  and  functions  under  subsection  (h) of
13    Section 6 of Article VII of the Illinois Constitution.
14        (b)  The following amounts must be remitted to the  State
15    Treasurer for deposit into the Illinois Animal Abuse Fund:
16             (1)  50%   of   the  amounts  collected  for  felony
17        offenses under Sections 3, 3.01,  3.02,  3.03,  4,  4.01,
18        4.03,  4.04,  5,  5.01,  6,  7,  7.5, 7.15, and 16 of the
19        Humane Care for Animals  Act  and  Section  26-5  of  the
20        Criminal Code of 1961;
21             (2)  20%  of  the  amounts collected for Class A and
22        Class B misdemeanors under Sections  3,  3.01,  4,  4.01,
23        4.03,  4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the
24        Humane Care for Animals  Act  and  Section  26-5  of  the
25        Criminal Code of 1961; and
26             (3)  50%  of  the  amounts  collected  for  Class  C
27        misdemeanors  under  Sections  4.01 and 7.1 of the Humane
28        Care for Animals Act and Section  26-5  of  the  Criminal
29        Code of 1961.
30             (1)  50%  of  amounts collected for Class 4 felonies
31        under subsection (a), paragraph (4)  of  subsection  (b),
32        and paragraphs (6), (7), (8.5), and (9) of subsection (c)
33        of  Section  16  of  the  Humane Care for Animals Act and
34        Class 3 felonies under paragraph (5) of subsection (c) of
 
                            -28-              LRB9211445EGfgA
 1        Section 16 of that Act.
 2             (2)  20%  of   amounts   collected   for   Class   A
 3        misdemeanors  under  subsection  (a),  paragraph  (4)  of
 4        subsection  (b), and paragraphs (6) and (7) of subsection
 5        (c) of Section 16 of the Humane Care for Animals Act  and
 6        Class  B  misdemeanors  under paragraph (9) of subsection
 7        (c) of Section 16 of that Act.
 8             (3)  20%  of   amounts   collected   for   Class   B
 9        misdemeanors  under  subsection  (d) of Section 16 of the
10        Humane Care for Animals Act.
11             (4)  50%  of   amounts   collected   for   Class   C
12        misdemeanors  under  subsection  (d) of Section 16 of the
13        Humane Care for Animals Act.
14    (Source: P.A. 92-454, eff. 1-1-02.)

15        (705 ILCS 105/27.6)
16        Sec.  27.6.  (a)  All  fees,  fines,  costs,   additional
17    penalties, bail balances assessed or forfeited, and any other
18    amount  paid  by  a  person to the circuit clerk equalling an
19    amount of $55 or more, except the additional fee required  by
20    subsections  (b)  and (c), restitution under Section 5-5-6 of
21    the Unified Code of Corrections, reimbursement for the  costs
22    of  an  emergency response as provided under Section 5-5-3 of
23    the Unified Code  of  Corrections,  any  fees  collected  for
24    attending  a  traffic  safety  program under paragraph (c) of
25    Supreme Court Rule 529, any fee  collected  on  behalf  of  a
26    State's Attorney under Section 4-2002 of the Counties Code or
27    a  sheriff  under Section 4-5001 of the Counties Code, or any
28    cost imposed under Section 124A-5 of  the  Code  of  Criminal
29    Procedure of 1963, for convictions, orders of supervision, or
30    any  other  disposition  for a violation of Chapters 3, 4, 6,
31    11, and 12  of  the  Illinois  Vehicle  Code,  or  a  similar
32    provision  of  a  local  ordinance,  and any violation of the
33    Child Passenger Protection Act, or a similar provision  of  a
 
                            -29-              LRB9211445EGfgA
 1    local  ordinance,  and  except  as provided in subsection (d)
 2    shall be disbursed  within  60  days  after  receipt  by  the
 3    circuit  clerk  as  follows:  44.5% shall be disbursed to the
 4    entity authorized by law to receive the fine imposed  in  the
 5    case;  16.825% shall be disbursed to the State Treasurer; and
 6    38.675% shall be disbursed to the county's general  corporate
 7    fund.   Of the 16.825% disbursed to the State Treasurer, 2/17
 8    shall be deposited by the State Treasurer  into  the  Violent
 9    Crime  Victims  Assistance  Fund, 5.052/17 shall be deposited
10    into the Traffic and Criminal Conviction Surcharge Fund, 3/17
11    shall be deposited  into  the  Drivers  Education  Fund,  and
12    6.948/17  shall  be deposited into the Trauma Center Fund. Of
13    the 6.948/17 deposited into the Trauma Center Fund  from  the
14    16.825%  disbursed  to  the  State  Treasurer,  50%  shall be
15    disbursed to the Department of Public Health and 50% shall be
16    disbursed to the Department of Public Aid.  For  fiscal  year
17    1993,  amounts  deposited  into  the  Violent  Crime  Victims
18    Assistance   Fund,   the   Traffic  and  Criminal  Conviction
19    Surcharge Fund, or  the  Drivers  Education  Fund  shall  not
20    exceed  110%  of  the  amounts  deposited into those funds in
21    fiscal year 1991.  Any amount that  exceeds  the  110%  limit
22    shall  be  distributed as follows:  50% shall be disbursed to
23    the  county's  general  corporate  fund  and  50%  shall   be
24    disbursed to the entity authorized by law to receive the fine
25    imposed in the case.  Not later than March 1 of each year the
26    circuit  clerk  shall  submit a report of the amount of funds
27    remitted to the State Treasurer under this Section during the
28    preceding year based upon independent verification  of  fines
29    and  fees.   All  counties  shall be subject to this Section,
30    except that counties with a population under  2,000,000  may,
31    by  ordinance,  elect not to be subject to this Section.  For
32    offenses subject to this Section,  judges  shall  impose  one
33    total sum of money payable for violations.  The circuit clerk
34    may  add on no additional amounts except for amounts that are
 
                            -30-              LRB9211445EGfgA
 1    required by Sections 27.3a and  27.3c  of  this  Act,  unless
 2    those  amounts  are  specifically  waived by the judge.  With
 3    respect to money collected by the circuit clerk as  a  result
 4    of  forfeiture  of  bail,  ex  parte  judgment or guilty plea
 5    pursuant to Supreme Court Rule 529, the circuit  clerk  shall
 6    first  deduct  and pay amounts required by Sections 27.3a and
 7    27.3c of this Act.  This Section is a denial  and  limitation
 8    of  home  rule  powers  and functions under subsection (h) of
 9    Section 6 of Article VII of the Illinois Constitution.
10        (b)  In addition to  any  other  fines  and  court  costs
11    assessed  by the courts, any person convicted or receiving an
12    order of supervision  for  driving  under  the  influence  of
13    alcohol  or  drugs shall pay an additional fee of $100 to the
14    clerk of the circuit court.  This amount,  less  2 1/2%  that
15    shall  be used to defray administrative costs incurred by the
16    clerk, shall be remitted by the clerk to the Treasurer within
17    60 days after receipt for  deposit  into  the  Trauma  Center
18    Fund.   This additional fee of $100 shall not be considered a
19    part of the fine for purposes of any reduction  in  the  fine
20    for time served either before or after sentencing.  Not later
21    than  March  1  of each year the Circuit Clerk shall submit a
22    report of the amount of funds remitted to the State Treasurer
23    under this subsection during the preceding calendar year.
24        (b-1)  In addition to any other  fines  and  court  costs
25    assessed  by the courts, any person convicted or receiving an
26    order of supervision  for  driving  under  the  influence  of
27    alcohol  or  drugs  shall  pay an additional fee of $5 to the
28    clerk of the circuit court.  This amount, less  2  1/2%  that
29    shall  be used to defray administrative costs incurred by the
30    clerk, shall be remitted by the clerk to the Treasurer within
31    60 days after receipt for deposit into the Spinal Cord Injury
32    Paralysis Cure Research Trust Fund.  This additional  fee  of
33    $5 shall not be considered a part of the fine for purposes of
34    any  reduction  in  the fine for time served either before or
 
                            -31-              LRB9211445EGfgA
 1    after sentencing.  Not later than March 1 of  each  year  the
 2    Circuit  Clerk  shall  submit a report of the amount of funds
 3    remitted to the State Treasurer under this subsection  during
 4    the preceding calendar year.
 5        (c)  In  addition  to  any  other  fines  and court costs
 6    assessed by the courts, any person convicted for a  violation
 7    of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
 8    1961  or  a  person sentenced for a violation of the Cannabis
 9    Control Act or the Controlled  Substance  Act  shall  pay  an
10    additional  fee  of  $100  to the clerk of the circuit court.
11    This amount, less  2  1/2%  that  shall  be  used  to  defray
12    administrative costs incurred by the clerk, shall be remitted
13    by  the  clerk  to the Treasurer within 60 days after receipt
14    for deposit into the Trauma Center Fund.  This additional fee
15    of $100 shall not be  considered  a  part  of  the  fine  for
16    purposes  of any reduction in the fine for time served either
17    before or after sentencing.  Not later than March 1  of  each
18    year the Circuit Clerk shall submit a report of the amount of
19    funds  remitted  to the State Treasurer under this subsection
20    during the preceding calendar year.
21        (c-1)  In addition to any other  fines  and  court  costs
22    assessed  by the courts, any person sentenced for a violation
23    of the  Cannabis  Control  Act  or  the  Illinois  Controlled
24    Substances Act shall pay an additional fee of $5 to the clerk
25    of the circuit court.  This amount, less 2 1/2% that shall be
26    used  to  defray  administrative costs incurred by the clerk,
27    shall be remitted by the clerk to  the  Treasurer  within  60
28    days  after  receipt  for deposit into the Spinal Cord Injury
29    Paralysis Cure Research Trust Fund.  This additional  fee  of
30    $5 shall not be considered a part of the fine for purposes of
31    any  reduction  in  the fine for time served either before or
32    after sentencing.  Not later than March 1 of  each  year  the
33    Circuit  Clerk  shall  submit a report of the amount of funds
34    remitted to the State Treasurer under this subsection  during
 
                            -32-              LRB9211445EGfgA
 1    the preceding calendar year.
 2        (d)  The  following amounts must be remitted to the State
 3    Treasurer for deposit into the Illinois Animal Abuse Fund:
 4             (1)  50%  of  the  amounts  collected   for   felony
 5        offenses  under  Sections  3,  3.01, 3.02, 3.03, 4, 4.01,
 6        4.03, 4.04, 5, 5.01, 6, 7,  7.5,  7.15,  and  16  of  the
 7        Humane  Care  for  Animals  Act  and  Section 26-5 of the
 8        Criminal Code of 1961;
 9             (2)  20% of the amounts collected for  Class  A  and
10        Class  B  misdemeanors  under  Sections 3, 3.01, 4, 4.01,
11        4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of  the
12        Humane  Care  for  Animals  Act  and  Section 26-5 of the
13        Criminal Code of 1961; and
14             (3)  50%  of  the  amounts  collected  for  Class  C
15        misdemeanors under Sections 4.01 and 7.1  of  the  Humane
16        Care  for  Animals  Act  and Section 26-5 of the Criminal
17        Code of 1961.
18             (1)  50% of amounts collected for Class  4  felonies
19        under  subsection  (a),  paragraph (4) of subsection (b),
20        and paragraphs (6), (7), (8.5), and (9) of subsection (c)
21        of Section 16 of the Humane  Care  for  Animals  Act  and
22        Class 3 felonies under paragraph (5) of subsection (c) of
23        Section 16 of that Act.
24             (2)  20%   of   amounts   collected   for   Class  A
25        misdemeanors  under  subsection  (a),  paragraph  (4)  of
26        subsection (b), and paragraphs (6) and (7) of  subsection
27        (c)  of Section 16 of the Humane Care for Animals Act and
28        Class B misdemeanors under paragraph  (9)  of  subsection
29        (c) of Section 16 of that Act.
30             (3)  20%   of   amounts   collected   for   Class  B
31        misdemeanors under subsection (d) of Section  16  of  the
32        Humane Care for Animals Act.
33             (4)  50%   of   amounts   collected   for   Class  C
34        misdemeanors under subsection (d) of Section  16  of  the
 
                            -33-              LRB9211445EGfgA
 1        Humane Care for Animals Act.
 2    (Source:  P.A.  92-431,  eff.  1-1-02;  92-454,  eff. 1-1-02;
 3    revised 10-11-01.)

 4        Section 15.  The Criminal Code  of  1961  is  amended  by
 5    changing Section 26-5 as follows:

 6        (720 ILCS 5/26-5)
 7        Sec.  26-5.  Dog  fighting.  (For similar provisions that
 8    apply to animals other than dogs, see  Section  4.01  of  the
 9    Humane Care for Animals Act.)
10        (a)  No  person  may own, capture, breed, train, or lease
11    any dog which he or she knows is  intended  for  use  in  any
12    show,  exhibition,  program,  or  other activity featuring or
13    otherwise involving a fight between the  dog  and  any  other
14    animal  or  human,  or the intentional killing of any dog for
15    the purpose of sport, wagering, or entertainment.
16        (b)  No person may promote, conduct, carry on, advertise,
17    collect money for or in any other manner assist or aid in the
18    presentation   for   purposes   of   sport,   wagering,    or
19    entertainment  of  any  show,  exhibition,  program, or other
20    activity involving a fight between 2 or more dogs or any  dog
21    and human, or the intentional killing of any dog.
22        (c)  No   person  may  sell  or  offer  for  sale,  ship,
23    transport, or otherwise move, or deliver or receive  any  dog
24    which he or she knows has been captured, bred, or trained, or
25    will   be   used,  to  fight  another  dog  or  human  or  be
26    intentionally killed for  purposes  of  sport,  wagering,  or
27    entertainment.
28        (c-5)  No  person  may  solicit  a  minor to violate this
29    Section.
30        (d)  No  person  may  manufacture  for  sale,   shipment,
31    transportation,  or delivery any device or equipment which he
32    or she knows or should know is intended for use in any  show,
 
                            -34-              LRB9211445EGfgA
 1    exhibition, program, or other activity featuring or otherwise
 2    involving  a  fight  between 2 or more dogs, or any human and
 3    dog, or the intentional killing of any dog  for  purposes  of
 4    sport, wagering, or entertainment.
 5        (e)  No  person may own, possess, sell or offer for sale,
 6    ship, transport, or otherwise move any  equipment  or  device
 7    which  he  or she knows or should know is intended for use in
 8    connection with any show, exhibition,  program,  or  activity
 9    featuring  or  otherwise  involving a fight between 2 or more
10    dogs, or any dog and human, or the intentional killing of any
11    dog for purposes of sport, wagering or entertainment.
12        (f)  No person may knowingly  make  available  any  site,
13    structure,  or  facility, whether enclosed or not, that he or
14    she  knows  is  intended  to  be  used  for  the  purpose  of
15    conducting any show, exhibition, program, or  other  activity
16    involving  a  fight  between  2  or more dogs, or any dog and
17    human, or the intentional killing of  any  dog  or  knowingly
18    manufacture,  distribute, or deliver fittings to be used in a
19    fight between 2 or more dogs or a dog and human.
20        (g)  No person may  attend  or  otherwise  patronize  any
21    show,  exhibition,  program,  or  other activity featuring or
22    otherwise involving a fight between 2 or more  dogs,  or  any
23    dog  and  human,  or  the  intentional killing of any dog for
24    purposes of sport, wagering, or entertainment.
25        (h)  No person may tie  or  attach  or  fasten  any  live
26    animal  to  any  machine or device propelled by any power for
27    the purpose of causing the animal to be pursued by a  dog  or
28    dogs.   This  subsection  (h)  applies  only  when the dog is
29    intended to be used in a dog fight.
30        (i)  Penalties for violations of this Section shall be as
31    follows:
32             (1)  Any person convicted  of  violating  subsection
33        (a),  (b),  or (c) of this Section is guilty of a Class 4
34        felony for a first violation and a Class 3 felony  for  a
 
                            -35-              LRB9211445EGfgA
 1        second  or  subsequent  violation,  and  may  be fined an
 2        amount not to exceed $50,000.
 3             (1.5)  A  person  who  knowingly  owns  a  dog   for
 4        fighting  purposes  or for producing a fight between 2 or
 5        more dogs or a dog and human or who knowingly offers  for
 6        sale  or  sells  a  dog  bred for fighting is guilty of a
 7        Class 3 felony and may be fined an amount not  to  exceed
 8        $50,000, if the dog participates in a dogfight and any of
 9        the following factors is present:
10                  (i)  the  dogfight is performed in the presence
11             of a person under 18 years of age;
12                  (ii)  the dogfight is performed for the purpose
13             of or in the presence of illegal wagering  activity;
14             or
15                  (iii)  the dogfight is performed in furtherance
16             of streetgang related activity as defined in Section
17             10  of  the  Illinois  Streetgang  Terrorism Omnibus
18             Prevention Act.
19             (1.7)  A person convicted  of  violating  subsection
20        (c-5) of this Section is guilty of a Class A misdemeanor.
21             (2)  Any  person  convicted  of violating subsection
22        (d) or (e) of  this  Section  is  guilty  of  a  Class  A
23        misdemeanor   for  a  first  violation.     A  second  or
24        subsequent violation of subsection (d)  or  (e)  of  this
25        Section  is a Class 3 felony. if he or she knew or should
26        have known that the device or equipment under  subsection
27        (d)  or (e) of this Section was to be used to carry out a
28        violation where the only animals involved were dogs.   If
29        the  person  did  not  know or should not reasonably have
30        been expected to know that the only animals  involved  in
31        the  violation  were  dogs,  the  penalty  is  a  Class B
32        misdemeanor.
33             (2.5)  Any person convicted of violating  subsection
34        (f) of this Section is guilty of a Class 4 felony.
 
                            -36-              LRB9211445EGfgA
 1             (3)  Any  person  convicted  of violating subsection
 2        (g) of this Section is guilty of a  Class  C  misdemeanor
 3        for  a first violation.  A second or subsequent violation
 4        of  subsection  (g)  of  this  Section  is  a   Class   B
 5        misdemeanor.
 6             (4)  A  second or subsequent violation of subsection
 7        (a), (b), or (c) of this Section is a Class 3 felony.   A
 8        second  or  subsequent violation of subsection (d) or (e)
 9        of this Section is a Class 3 felony, if in each violation
10        the person knew or should have known that the  device  or
11        equipment under subsection (d) or (e) of this Section was
12        to  be  used  to  carry  out  a  violation where the only
13        animals involved were dogs.  If the person did  not  know
14        or  should not reasonably have been expected to know that
15        the only animals involved in the violation were  dogs,  a
16        second  or  subsequent violation of subsection (d) or (e)
17        of this Section is a Class A misdemeanor.   A  second  or
18        subsequent violation of subsection (g) of this Section is
19        a Class B misdemeanor.
20    (Source: P.A. 92-425, eff. 1-1-02.)

21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.
 
                            -37-              LRB9211445EGfgA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    510 ILCS 70/3             from Ch. 8, par. 703
 4    510 ILCS 70/3.01          from Ch. 8, par. 703.01
 5    510 ILCS 70/3.02
 6    510 ILCS 70/3.03
 7    510 ILCS 70/3.04
 8    510 ILCS 70/3.05
 9    510 ILCS 70/4             from Ch. 8, par. 704
10    510 ILCS 70/4.01          from Ch. 8, par. 704.01
11    510 ILCS 70/4.02          from Ch. 8, par. 704.02
12    510 ILCS 70/4.03          from Ch. 8, par. 704.03
13    510 ILCS 70/4.04          from Ch. 8, par. 704.04
14    510 ILCS 70/5             from Ch. 8, par. 705
15    510 ILCS 70/5.01
16    510 ILCS 70/6             from Ch. 8, par. 706
17    510 ILCS 70/7             from Ch. 8, par. 707
18    510 ILCS 70/7.1           from Ch. 8, par. 707.1
19    510 ILCS 70/7.5
20    510 ILCS 70/7.15
21    510 ILCS 70/16            from Ch. 8, par. 716
22    705 ILCS 105/27.5         from Ch. 25, par. 27.5
23    705 ILCS 105/27.6
24    720 ILCS 5/26-5

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