State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


92_SB1806eng

 
SB1806 Engrossed                              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.
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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,
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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)
 
SB1806 Engrossed             -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,
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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),
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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.)
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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
 
SB1806 Engrossed             -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        This Section does not prohibit the use  of  a  euthanasia
30    drug  by  a  euthanasia  agency  for  the  purpose  of animal
31    euthanasia, provided that the euthanasia drug is used  by  or
32    under  the  direction of a licensed veterinarian or certified
33    euthanasia technician, all as defined in and subject  to  the
 
SB1806 Engrossed             -18-             LRB9211445EGfgA
 1    Humane Euthanasia in Animal Shelters Act.
 2        A person convicted of violating this Section or any rule,
 3    regulation,  or  order  of the Department pursuant thereto is
 4    guilty of a Class A misdemeanor.    A  second  or  subsequent
 5    violation is a Class 4 felony.
 6    (Source: P.A. 78-905.)

 7        (510 ILCS 70/7) (from Ch. 8, par. 707)
 8        Sec.  7.  Confinement or detention during transportation.
 9    No  owner,  railroad  or  other  common  carrier  may,   when
10    transporting  any animal, allow that animal to be confined in
11    any type of conveyance more than 28 consecutive hours without
12    being exercised as necessary  for  that  particular  type  of
13    animal  and  without  being properly rested, fed and watered;
14    except that a reasonable extension of this time  limit  shall
15    be  granted  when a storm or accident causes a delay.  In the
16    case of default  of  the  owner  or  consignee,  the  company
17    transporting  the  animal  shall  exercise  the  animal, when
18    necessary for the particular  type  of  animal  and  for  the
19    proper  resting,  feeding,  watering  and  sheltering of such
20    animal, and shall have a  lien  upon  the  animal  until  all
21    expenses resulting therefrom have been paid.
22        Any  person  who  intentionally  or  negligently  without
23    jurisdiction  of  law  detains  a  shipment of livestock long
24    enough to endanger the health or safety of the  livestock  is
25    liable  to the owner for any diminution in the value or death
26    of the livestock.
27        Authorities detaining a  livestock  shipment  shall  give
28    priority  to  the  health and safety of the animals and shall
29    expeditiously handle any legal violation so that  the  intact
30    shipment may safely reach its designated destination.
31        A person convicted of violating this Section or any rule,
32    regulation,  or  order of the Department pursuant thereto, is
33    guilty of a Class B misdemeanor.    A  second  or  subsequent
 
SB1806 Engrossed             -19-             LRB9211445EGfgA
 1    violation  is  a  Class  4  felony,  with  every  day  that a
 2    violation continues constituting a separate offense.
 3    (Source: P.A. 87-1094.)

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

21        (510 ILCS 70/7.5)
22        Sec. 7.5.  Downed animals.
23        (a)  For the purpose of this Section a downed  animal  is
24    one incapable of walking without assistance.
25        (b)  No  downed  animal  shall  be  sent  to a stockyard,
26    auction, or other facility where its  impaired  mobility  may
27    result  in suffering.  An injured animal may be sent directly
28    to a slaughter facility.
29        (c)  A downed animal sent to  a  stockyard,  auction,  or
30    other facility in violation of this Section shall be humanely
31    euthanized,  the  disposition  of  such  animal  shall be the
32    responsibility of the owner, and the owner  shall  be  liable
 
SB1806 Engrossed             -20-             LRB9211445EGfgA
 1    for any expense incurred.
 2        If  an  animal  becomes downed in transit it shall be the
 3    responsibility of the carrier.
 4        (d)  A downed animal  shall  not  be  transported  unless
 5    individually segregated.
 6        (e)  A  person convicted of violating this Section or any
 7    rule, regulation, or order of the Department pursuant thereto
 8    is guilty of a Class B misdemeanor.  A second  or  subsequent
 9    violation  is  a  Class  4  felony,  with  every  day  that a
10    violation continues constituting a separate offense.
11    (Source: P.A. 88-66.)

12        (510 ILCS 70/7.15)
13        Sec. 7.15. Guide, hearing, and support dogs.
14        (a)  A person may not willfully  and  maliciously  annoy,
15    taunt,  tease,  harass,  torment,  beat,  or  strike a guide,
16    hearing, or support dog or otherwise engage  in  any  conduct
17    directed  toward  a  guide,  hearing,  or support dog that is
18    likely to impede or interfere with the dog's  performance  of
19    its  duties  or  that  places the blind, hearing impaired, or
20    physically handicapped person being served or assisted by the
21    dog in danger of injury.
22        (b)  A person may not willfully and maliciously  torture,
23    injure, or kill a guide, hearing, or support dog.
24        (c)  A  person may not willfully and maliciously permit a
25    dog that is owned, harbored, or controlled by the  person  to
26    cause  injury to or the death of a guide, hearing, or support
27    dog while the guide, hearing, or support dog is in  discharge
28    of its duties.
29        (d)  A  person  convicted  of  violating  this Section is
30    guilty of a Class A  misdemeanor.   A  second  or  subsequent
31    violation  is  a  Class  4  felony.   A  person  convicted of
32    violating subsection (b) or (c) of this Section is guilty  of
33    a  Class  4  felony if the dog is killed or totally disabled,
 
SB1806 Engrossed             -21-             LRB9211445EGfgA
 1    and may be ordered by the court to make  restitution  to  the
 2    disabled  person  having  custody or ownership of the dog for
 3    veterinary bills and replacement costs of the dog.
 4    (Source: P.A. 89-689, eff. 12-31-96.)

 5        (510 ILCS 70/16) (from Ch. 8, par. 716)
 6        Sec.    16.  Miscellaneous    violations;     punishment;
 7    injunctions; forfeiture.
 8        (a)  (Blank).   Any   person   convicted   of   violating
 9    subsection  (l)  of Section 4.01 or Sections 5, 5.01, or 6 of
10    this Act or any rule, regulation, or order of the  Department
11    pursuant  thereto,  is  guilty  of  a Class A misdemeanor.  A
12    second or subsequent violation of Section 5, 5.01, or 6 is  a
13    Class 4 felony.
14        (b)  (Blank).  (1)  This  subsection  (b)  does not apply
15        where the only animals  involved  in  the  violation  are
16        dogs.
17             (2)  Any  person  convicted  of violating subsection
18        (a), (b), (c) or (h) of Section 4.01 of this Act  or  any
19        rule,  regulation,  or  order  of the Department pursuant
20        thereto, is guilty of a Class A misdemeanor.
21             (3)  A second or subsequent  offense  involving  the
22        violation  of  subsection (a), (b) or (c) of Section 4.01
23        of this Act or any rule,  regulation,  or  order  of  the
24        Department pursuant thereto is a Class 4 felony.
25             (4)  Any  person  convicted  of violating subsection
26        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
27        regulation,  or order of the Department pursuant thereto,
28        is  guilty  of  a  Class  A  misdemeanor.   A  second  or
29        subsequent violation is a Class 4 felony.
30             (5)  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.
 
SB1806 Engrossed             -22-             LRB9211445EGfgA
 1             (c)(1)  This   subsection  (c)  applies  exclusively
 2        where the only animals  involved  in  the  violation  are
 3        dogs.
 4             (2)  Any  person  convicted  of violating subsection
 5        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
 6        regulation or order of the Department pursuant thereto is
 7        guilty of a Class 4 felony and may be fined an amount not
 8        to exceed $50,000.  A person who knowingly owns a dog for
 9        fighting  purposes  or for producing a fight between 2 or
10        more dogs or a dog and human or who knowingly offers  for
11        sale  or  sells  a  dog  bred for fighting is guilty of a
12        Class 3  felony  if  any  of  the  following  factors  is
13        present:
14                  (i)  the  dogfight is performed in the presence
15             of a person under 18 years of age;
16                  (ii)  the dogfight is performed for the purpose
17             of or in the presence of illegal wagering  activity;
18             or
19                  (iii)  the dogfight is performed in furtherance
20             of streetgang related activity as defined in Section
21             10  of  the  Illinois  Streetgang  Terrorism Omnibus
22             Prevention Act.
23             (3)  Any person convicted  of  violating  subsection
24        (d)  or  (e)  of  Section  4.01  of this Act or any rule,
25        regulation or order of the Department pursuant thereto is
26        guilty of Class A misdemeanor.
27             (3.5)  Any person convicted of violating  subsection
28        (f) of Section 4.01 is guilty of a Class 4 felony.
29             (4)  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
32        a Class C misdemeanor.
33             (5)  A second or subsequent violation of  subsection
34        (a),  (b) or (c) of Section 4.01 of this Act or any rule,
 
SB1806 Engrossed             -23-             LRB9211445EGfgA
 1        regulation or order of the Department pursuant thereto is
 2        a Class 3 felony.  A second or  subsequent  violation  of
 3        subsection  (d) or (e) of Section 4.01 of this Act or any
 4        rule, regulation  or  order  of  the  Department  adopted
 5        pursuant  thereto  is  a  Class  3  felony,  if  in  each
 6        violation  the  person knew or should have known that the
 7        device or equipment under subsection (d) or (e)  of  that
 8        Section was to be used to carry out a violation where the
 9        only  animals  involved were dogs.  Where such person did
10        not know or should not reasonably have been  expected  to
11        know that the only animals involved in the violation were
12        dogs,  a second or subsequent violation of subsection (d)
13        or  (e)  of  Section  4.01  of  this  Act  or  any  rule,
14        regulation or order of the  Department  adopted  pursuant
15        thereto is a Class A misdemeanor.  A second or subsequent
16        violation of subsection (g) is a Class B misdemeanor.
17             (6)  Any  person convicted of violating Section 3.01
18        of this Act is guilty of a Class A misdemeanor.  A second
19        or subsequent conviction for a violation of Section  3.01
20        is a Class 4 felony.
21             (7)  Any  person convicted of violating Section 4.03
22        is  guilty  of  a  Class  A  misdemeanor.   A  second  or
23        subsequent violation is a Class 4 felony.
24             (8)  Any person convicted of violating Section  4.04
25        is  guilty  of  a Class A misdemeanor where the animal is
26        not killed or totally disabled,  but  if  the  animal  is
27        killed or totally disabled such person shall be guilty of
28        a Class 4 felony.
29             (8.5)  A  person  convicted  of violating subsection
30        (a) of Section 7.15 is guilty of a Class  A  misdemeanor.
31        A  person convicted of violating subsection (b) or (c) of
32        Section 7.15 is (i) guilty of a Class  A  misdemeanor  if
33        the dog is not killed or totally disabled and (ii) if the
34        dog  is  killed  or totally disabled, guilty of a Class 4
 
SB1806 Engrossed             -24-             LRB9211445EGfgA
 1        felony  and  may  be  ordered  by  the  court   to   make
 2        restitution  to  the  disabled  person  having custody or
 3        ownership of the dog for veterinary bills and replacement
 4        costs of the dog.  A second or subsequent violation is  a
 5        Class 4 felony.
 6        (c)  (9)  Any  person convicted of any other act of abuse
 7    or neglect for which no other penalty is  specified  in  this
 8    Act,  or of violating any other provision of this Act, or any
 9    rule, regulation, or order of the Department pursuant thereto
10    for which no other penalty  is  specified  in  this  Act,  is
11    guilty  of  a Class B misdemeanor for the first violation.  A
12    second or subsequent violation is  a  Class  4  felony,  with
13    every  day that a violation continues constituting a separate
14    offense.
15        (d)  (Blank). Any person convicted of  violating  Section
16    7.1  is  guilty  of  a  Class  C  misdemeanor.   A  second or
17    subsequent conviction for a violation of  Section  7.1  is  a
18    Class B misdemeanor.
19        (e)  (Blank).  Any  person convicted of violating Section
20    3.02 is guilty of a Class 4 felony.  A second  or  subsequent
21    violation is a Class 3 felony.
22        (f)  The Department may enjoin a person from a continuing
23    violation of this Act.
24        (g)  (Blank).  Any  person convicted of violating Section
25    3.03 is guilty of a Class 3 felony.  As a  condition  of  the
26    sentence  imposed  under  this Section, the court shall order
27    the  offender  to  undergo  a  psychological  or  psychiatric
28    evaluation and to undergo treatment that the court determines
29    to be appropriate after due consideration of the evaluation.
30        (h)  (Blank). In addition to any other  penalty  provided
31    by  law,  upon  a  conviction for violating Sections 3, 3.01,
32    3.02, or 3.03 the court may order  the  convicted  person  to
33    undergo  a  psychological  or  psychiatric  evaluation and to
34    undergo any treatment at the convicted person's expense  that
 
SB1806 Engrossed             -25-             LRB9211445EGfgA
 1    the   court   determines   to   be   appropriate   after  due
 2    consideration of the evaluation. If the convicted person is a
 3    juvenile or a companion animal hoarder, the court must  order
 4    the   convicted   person   to   undergo  a  psychological  or
 5    psychiatric evaluation and  to  undergo  treatment  that  the
 6    court determines to be appropriate after due consideration of
 7    the evaluation.
 8        (i)  In  addition  to  any other penalty provided by law,
 9    upon conviction for violating Section Sections 3, 3.01, 3.02,
10    or 3.03 the court may order the convicted person  to  forfeit
11    to  an animal control or animal shelter the animal or animals
12    that are the basis of  the  conviction.   Upon  an  order  of
13    forfeiture,   the   convicted   person   is  deemed  to  have
14    permanently relinquished all rights to the animal or  animals
15    that  are  the basis of the conviction.  The forfeited animal
16    or animals shall be adopted or humanely  euthanized.   In  no
17    event  may  the convicted person or anyone residing in his or
18    her household be permitted to adopt the forfeited  animal  or
19    animals.    The  court,  additionally,  may  order  that  the
20    convicted person and persons dwelling in the  same  household
21    as  the  convicted person who conspired, aided, or abetted in
22    the unlawful act that was the basis of the conviction, or who
23    knew or should have known of the unlawful act, may  not  own,
24    harbor, or have custody or control of any other animals for a
25    period of time that the court deems reasonable.
26    (Source:  P.A.  91-291,  eff.  1-1-00;  91-351, eff. 7-29-99;
27    91-357, eff.  7-29-99;  92-16,  eff.  6-28-01;  92-425,  eff.
28    1-1-02; 92-454, eff. 1-1-02; revised 10-11-01.)

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

31        (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
32        Sec.  27.5.  (a)  All  fees,  fines,  costs,   additional
 
SB1806 Engrossed             -26-             LRB9211445EGfgA
 1    penalties, bail balances assessed or forfeited, and any other
 2    amount  paid  by a person to the circuit clerk that equals an
 3    amount less than $55, except restitution under Section  5-5-6
 4    of  the  Unified  Code  of Corrections, reimbursement for the
 5    costs of an emergency  response  as  provided  under  Section
 6    5-5-3  of the Unified Code of Corrections, any fees collected
 7    for attending a traffic safety program under paragraph (c) of
 8    Supreme Court Rule 529, any fee  collected  on  behalf  of  a
 9    State's Attorney under Section 4-2002 of the Counties Code or
10    a  sheriff  under Section 4-5001 of the Counties Code, or any
11    cost imposed under Section 124A-5 of  the  Code  of  Criminal
12    Procedure of 1963, for convictions, orders of supervision, or
13    any  other  disposition  for a violation of Chapters 3, 4, 6,
14    11, and 12  of  the  Illinois  Vehicle  Code,  or  a  similar
15    provision  of  a  local  ordinance,  and any violation of the
16    Child Passenger Protection Act, or a similar provision  of  a
17    local  ordinance,  and  except  as provided in subsection (b)
18    shall be disbursed  within  60  days  after  receipt  by  the
19    circuit  clerk  as  follows:   47%  shall be disbursed to the
20    entity authorized by law to receive the fine imposed  in  the
21    case;  12% shall be disbursed to the State Treasurer; and 41%
22    shall be disbursed to the county's  general  corporate  fund.
23    Of  the  12%  disbursed  to the State Treasurer, 1/6 shall be
24    deposited by the  State  Treasurer  into  the  Violent  Crime
25    Victims  Assistance  Fund,  1/2  shall  be deposited into the
26    Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
27    be deposited into the Drivers  Education  Fund.   For  fiscal
28    years 1992 and 1993, amounts deposited into the Violent Crime
29    Victims  Assistance Fund, the Traffic and Criminal Conviction
30    Surcharge Fund, or  the  Drivers  Education  Fund  shall  not
31    exceed  110%  of  the  amounts  deposited into those funds in
32    fiscal year 1991.  Any amount that  exceeds  the  110%  limit
33    shall  be  distributed  as follows: 50% shall be disbursed to
34    the  county's  general  corporate  fund  and  50%  shall   be
 
SB1806 Engrossed             -27-             LRB9211445EGfgA
 1    disbursed to the entity authorized by law to receive the fine
 2    imposed  in the case. Not later than March 1 of each year the
 3    circuit clerk shall submit a report of the  amount  of  funds
 4    remitted to the State Treasurer under this Section during the
 5    preceding  year  based upon independent verification of fines
 6    and fees.  All counties shall be  subject  to  this  Section,
 7    except  that  counties with a population under 2,000,000 may,
 8    by ordinance, elect not to be subject to this  Section.   For
 9    offenses  subject  to  this  Section, judges shall impose one
10    total sum of money payable for violations.  The circuit clerk
11    may add on no additional amounts except for amounts that  are
12    required  by  Sections  27.3a  and  27.3c of this Act, unless
13    those amounts are specifically waived  by  the  judge.   With
14    respect  to  money collected by the circuit clerk as a result
15    of forfeiture of bail,  ex  parte  judgment  or  guilty  plea
16    pursuant  to  Supreme Court Rule 529, the circuit clerk shall
17    first deduct and pay amounts required by Sections  27.3a  and
18    27.3c of this Act. This Section is a denial and limitation of
19    home  rule  powers  and  functions  under  subsection  (h) of
20    Section 6 of Article VII of the Illinois Constitution.
21        (b)  The following amounts must be remitted to the  State
22    Treasurer for deposit into the Illinois Animal Abuse Fund:
23             (1)  50%   of   the  amounts  collected  for  felony
24        offenses under Sections 3, 3.01,  3.02,  3.03,  4,  4.01,
25        4.03,  4.04,  5,  5.01,  6,  7,  7.5, 7.15, and 16 of the
26        Humane Care for Animals  Act  and  Section  26-5  of  the
27        Criminal Code of 1961;
28             (2)  20%  of  the  amounts collected for Class A and
29        Class B misdemeanors under Sections  3,  3.01,  4,  4.01,
30        4.03,  4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the
31        Humane Care for Animals  Act  and  Section  26-5  of  the
32        Criminal Code of 1961; and
33             (3)  50%  of  the  amounts  collected  for  Class  C
34        misdemeanors  under  Sections  4.01 and 7.1 of the Humane
 
SB1806 Engrossed             -28-             LRB9211445EGfgA
 1        Care for Animals Act and Section  26-5  of  the  Criminal
 2        Code of 1961.
 3             (1)  50%  of  amounts collected for Class 4 felonies
 4        under subsection (a), paragraph (4)  of  subsection  (b),
 5        and paragraphs (6), (7), (8.5), and (9) of subsection (c)
 6        of  Section  16  of  the  Humane Care for Animals Act and
 7        Class 3 felonies under paragraph (5) of subsection (c) of
 8        Section 16 of that Act.
 9             (2)  20%  of   amounts   collected   for   Class   A
10        misdemeanors  under  subsection  (a),  paragraph  (4)  of
11        subsection  (b), and paragraphs (6) and (7) of subsection
12        (c) of Section 16 of the Humane Care for Animals Act  and
13        Class  B  misdemeanors  under paragraph (9) of subsection
14        (c) of Section 16 of that Act.
15             (3)  20%  of   amounts   collected   for   Class   B
16        misdemeanors  under  subsection  (d) of Section 16 of the
17        Humane Care for Animals Act.
18             (4)  50%  of   amounts   collected   for   Class   C
19        misdemeanors  under  subsection  (d) of Section 16 of the
20        Humane Care for Animals Act.
21    (Source: P.A. 92-454, eff. 1-1-02.)

22        (705 ILCS 105/27.6)
23        Sec.  27.6.  (a)  All  fees,  fines,  costs,   additional
24    penalties, bail balances assessed or forfeited, and any other
25    amount  paid  by  a  person to the circuit clerk equalling an
26    amount of $55 or more, except the additional fee required  by
27    subsections  (b)  and (c), restitution under Section 5-5-6 of
28    the Unified Code of Corrections, reimbursement for the  costs
29    of  an  emergency response as provided under Section 5-5-3 of
30    the Unified Code  of  Corrections,  any  fees  collected  for
31    attending  a  traffic  safety  program under paragraph (c) of
32    Supreme Court Rule 529, any fee  collected  on  behalf  of  a
33    State's Attorney under Section 4-2002 of the Counties Code or
 
SB1806 Engrossed             -29-             LRB9211445EGfgA
 1    a  sheriff  under Section 4-5001 of the Counties Code, or any
 2    cost imposed under Section 124A-5 of  the  Code  of  Criminal
 3    Procedure of 1963, for convictions, orders of supervision, or
 4    any  other  disposition  for a violation of Chapters 3, 4, 6,
 5    11, and 12  of  the  Illinois  Vehicle  Code,  or  a  similar
 6    provision  of  a  local  ordinance,  and any violation of the
 7    Child Passenger Protection Act, or a similar provision  of  a
 8    local  ordinance,  and  except  as provided in subsection (d)
 9    shall be disbursed  within  60  days  after  receipt  by  the
10    circuit  clerk  as  follows:  44.5% shall be disbursed to the
11    entity authorized by law to receive the fine imposed  in  the
12    case;  16.825% shall be disbursed to the State Treasurer; and
13    38.675% shall be disbursed to the county's general  corporate
14    fund.   Of the 16.825% disbursed to the State Treasurer, 2/17
15    shall be deposited by the State Treasurer  into  the  Violent
16    Crime  Victims  Assistance  Fund, 5.052/17 shall be deposited
17    into the Traffic and Criminal Conviction Surcharge Fund, 3/17
18    shall be deposited  into  the  Drivers  Education  Fund,  and
19    6.948/17  shall  be deposited into the Trauma Center Fund. Of
20    the 6.948/17 deposited into the Trauma Center Fund  from  the
21    16.825%  disbursed  to  the  State  Treasurer,  50%  shall be
22    disbursed to the Department of Public Health and 50% shall be
23    disbursed to the Department of Public Aid.  For  fiscal  year
24    1993,  amounts  deposited  into  the  Violent  Crime  Victims
25    Assistance   Fund,   the   Traffic  and  Criminal  Conviction
26    Surcharge Fund, or  the  Drivers  Education  Fund  shall  not
27    exceed  110%  of  the  amounts  deposited into those funds in
28    fiscal year 1991.  Any amount that  exceeds  the  110%  limit
29    shall  be  distributed as follows:  50% shall be disbursed to
30    the  county's  general  corporate  fund  and  50%  shall   be
31    disbursed to the entity authorized by law to receive the fine
32    imposed in the case.  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 Section during the
 
SB1806 Engrossed             -30-             LRB9211445EGfgA
 1    preceding year based upon independent verification  of  fines
 2    and  fees.   All  counties  shall be subject to this Section,
 3    except that counties with a population under  2,000,000  may,
 4    by  ordinance,  elect not to be subject to this Section.  For
 5    offenses subject to this Section,  judges  shall  impose  one
 6    total sum of money payable for violations.  The circuit clerk
 7    may  add on no additional amounts except for amounts that are
 8    required by Sections 27.3a and  27.3c  of  this  Act,  unless
 9    those  amounts  are  specifically  waived by the judge.  With
10    respect to money collected by the circuit clerk as  a  result
11    of  forfeiture  of  bail,  ex  parte  judgment or guilty plea
12    pursuant to Supreme Court Rule 529, the circuit  clerk  shall
13    first  deduct  and pay amounts required by Sections 27.3a and
14    27.3c of this Act.  This Section is a denial  and  limitation
15    of  home  rule  powers  and functions under subsection (h) of
16    Section 6 of Article VII of the Illinois Constitution.
17        (b)  In addition to  any  other  fines  and  court  costs
18    assessed  by the courts, any person convicted or receiving an
19    order of supervision  for  driving  under  the  influence  of
20    alcohol  or  drugs shall pay an additional fee of $100 to the
21    clerk of the circuit court.  This amount,  less  2 1/2%  that
22    shall  be used to defray administrative costs incurred by the
23    clerk, shall be remitted by the clerk to the Treasurer within
24    60 days after receipt for  deposit  into  the  Trauma  Center
25    Fund.   This additional fee of $100 shall not be considered a
26    part of the fine for purposes of any reduction  in  the  fine
27    for time served either before or after sentencing.  Not later
28    than  March  1  of each year the Circuit Clerk shall submit a
29    report of the amount of funds remitted to the State Treasurer
30    under this subsection during the preceding calendar year.
31        (b-1)  In addition to any other  fines  and  court  costs
32    assessed  by the courts, any person convicted or receiving an
33    order of supervision  for  driving  under  the  influence  of
34    alcohol  or  drugs  shall  pay an additional fee of $5 to the
 
SB1806 Engrossed             -31-             LRB9211445EGfgA
 1    clerk of the circuit court.  This amount, less  2  1/2%  that
 2    shall  be used to defray administrative costs incurred by the
 3    clerk, shall be remitted by the clerk to the Treasurer within
 4    60 days after receipt for deposit into the Spinal Cord Injury
 5    Paralysis Cure Research Trust Fund.  This additional  fee  of
 6    $5 shall not be considered a part of the fine for purposes of
 7    any  reduction  in  the fine for time served either before or
 8    after sentencing.  Not later than March 1 of  each  year  the
 9    Circuit  Clerk  shall  submit a report of the amount of funds
10    remitted to the State Treasurer under this subsection  during
11    the preceding calendar year.
12        (c)  In  addition  to  any  other  fines  and court costs
13    assessed by the courts, any person convicted for a  violation
14    of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
15    1961  or  a  person sentenced for a violation of the Cannabis
16    Control Act or the Controlled  Substance  Act  shall  pay  an
17    additional  fee  of  $100  to the clerk of the circuit court.
18    This amount, less  2  1/2%  that  shall  be  used  to  defray
19    administrative costs incurred by the clerk, shall be remitted
20    by  the  clerk  to the Treasurer within 60 days after receipt
21    for deposit into the Trauma Center Fund.  This additional fee
22    of $100 shall not be  considered  a  part  of  the  fine  for
23    purposes  of any reduction in the fine for time served either
24    before or after sentencing.  Not later than March 1  of  each
25    year the Circuit Clerk shall submit a report of the amount of
26    funds  remitted  to the State Treasurer under this subsection
27    during the preceding calendar year.
28        (c-1)  In addition to any other  fines  and  court  costs
29    assessed  by the courts, any person sentenced for a violation
30    of the  Cannabis  Control  Act  or  the  Illinois  Controlled
31    Substances Act shall pay an additional fee of $5 to the clerk
32    of the circuit court.  This amount, less 2 1/2% that shall be
33    used  to  defray  administrative costs incurred by the clerk,
34    shall be remitted by the clerk to  the  Treasurer  within  60
 
SB1806 Engrossed             -32-             LRB9211445EGfgA
 1    days  after  receipt  for deposit into the Spinal Cord Injury
 2    Paralysis Cure Research Trust Fund.  This additional  fee  of
 3    $5 shall not be considered a part of the fine for purposes of
 4    any  reduction  in  the fine for time served either before or
 5    after sentencing.  Not later than March 1 of  each  year  the
 6    Circuit  Clerk  shall  submit a report of the amount of funds
 7    remitted to the State Treasurer under this subsection  during
 8    the preceding calendar year.
 9        (d)  The  following amounts must be remitted to the State
10    Treasurer for deposit into the Illinois Animal Abuse Fund:
11             (1)  50%  of  the  amounts  collected   for   felony
12        offenses  under  Sections  3,  3.01, 3.02, 3.03, 4, 4.01,
13        4.03, 4.04, 5, 5.01, 6, 7,  7.5,  7.15,  and  16  of  the
14        Humane  Care  for  Animals  Act  and  Section 26-5 of the
15        Criminal Code of 1961;
16             (2)  20% of the amounts collected for  Class  A  and
17        Class  B  misdemeanors  under  Sections 3, 3.01, 4, 4.01,
18        4.03, 4.04, 5, 5.01, 6, 7, 7.1, 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; and
21             (3)  50%  of  the  amounts  collected  for  Class  C
22        misdemeanors under Sections 4.01 and 7.1  of  the  Humane
23        Care  for  Animals  Act  and Section 26-5 of the Criminal
24        Code of 1961.
25             (1)  50% of amounts collected for Class  4  felonies
26        under  subsection  (a),  paragraph (4) of subsection (b),
27        and paragraphs (6), (7), (8.5), and (9) of subsection (c)
28        of Section 16 of the Humane  Care  for  Animals  Act  and
29        Class 3 felonies under paragraph (5) of subsection (c) of
30        Section 16 of that Act.
31             (2)  20%   of   amounts   collected   for   Class  A
32        misdemeanors  under  subsection  (a),  paragraph  (4)  of
33        subsection (b), and paragraphs (6) and (7) of  subsection
34        (c)  of Section 16 of the Humane Care for Animals Act and
 
SB1806 Engrossed             -33-             LRB9211445EGfgA
 1        Class B misdemeanors under paragraph  (9)  of  subsection
 2        (c) of Section 16 of that Act.
 3             (3)  20%   of   amounts   collected   for   Class  B
 4        misdemeanors under subsection (d) of Section  16  of  the
 5        Humane Care for Animals Act.
 6             (4)  50%   of   amounts   collected   for   Class  C
 7        misdemeanors under subsection (d) of Section  16  of  the
 8        Humane Care for Animals Act.
 9    (Source:  P.A.  92-431,  eff.  1-1-02;  92-454,  eff. 1-1-02;
10    revised 10-11-01.)

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

13        (720 ILCS 5/26-5)
14        Sec.  26-5. Dog fighting.  (For other provisions that may
15    apply to dog fighting, see the Humane Care for  Animals  Act.
16    For  provisions similar to this Section that apply to animals
17    other than dogs, see in particular Section 4.01 of the Humane
18    Care for Animals Act.)
19        (a)  No person may own, capture, breed, train,  or  lease
20    any  dog  which  he  or  she knows is intended for use in any
21    show, exhibition, program, or  other  activity  featuring  or
22    otherwise  involving  a  fight  between the dog and any other
23    animal or human, or the intentional killing of  any  dog  for
24    the purpose of sport, wagering, or entertainment.
25        (b)  No person may promote, conduct, carry on, advertise,
26    collect money for or in any other manner assist or aid in the
27    presentation    for   purposes   of   sport,   wagering,   or
28    entertainment of any  show,  exhibition,  program,  or  other
29    activity  involving a fight between 2 or more dogs or any dog
30    and human, or the intentional killing of any dog.
31        (c)  No  person  may  sell  or  offer  for  sale,   ship,
32    transport,  or  otherwise move, or deliver or receive any dog
 
SB1806 Engrossed             -34-             LRB9211445EGfgA
 1    which he or she knows has been captured, bred, or trained, or
 2    will  be  used,  to  fight  another  dog  or  human   or   be
 3    intentionally  killed  for  purposes  of  sport, wagering, or
 4    entertainment.
 5        (c-5)  No person may solicit  a  minor  to  violate  this
 6    Section.
 7        (d)  No   person  may  manufacture  for  sale,  shipment,
 8    transportation, or delivery any device or equipment which  he
 9    or  she knows or should know is intended for use in any show,
10    exhibition, program, or other activity featuring or otherwise
11    involving a fight between 2 or more dogs, or  any  human  and
12    dog,  or  the  intentional killing of any dog for purposes of
13    sport, wagering, or entertainment.
14        (e)  No person may own, possess, sell or offer for  sale,
15    ship,  transport,  or  otherwise move any equipment or device
16    which he or she knows or should know is intended for  use  in
17    connection  with  any  show, exhibition, program, or activity
18    featuring or otherwise involving a fight between  2  or  more
19    dogs, or any dog and human, or the intentional killing of any
20    dog for purposes of sport, wagering or entertainment.
21        (f)  No  person  may  knowingly  make available any site,
22    structure, or facility, whether enclosed or not, that  he  or
23    she  knows  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  dogs,  or  any  dog  and
26    human,  or  the  intentional  killing of any dog or knowingly
27    manufacture, distribute, or deliver fittings to be used in  a
28    fight between 2 or more dogs or a dog and human.
29        (g)  No  person  may  attend  or  otherwise patronize any
30    show, exhibition, program, or  other  activity  featuring  or
31    otherwise  involving  a  fight between 2 or more dogs, or any
32    dog and human, or the intentional  killing  of  any  dog  for
33    purposes of sport, wagering, or entertainment.
34        (h)  No  person  may  tie  or  attach  or fasten any live
 
SB1806 Engrossed             -35-             LRB9211445EGfgA
 1    animal to any machine or device propelled by  any  power  for
 2    the  purpose  of causing the animal to be pursued by a dog or
 3    dogs.  This subsection (h)  applies  only  when  the  dog  is
 4    intended to be used in a dog fight.
 5        (i)  Penalties for violations of this Section shall be as
 6    follows:
 7             (1)  Any  person  convicted  of violating subsection
 8        (a), (b), or (c) of this Section is guilty of a  Class  4
 9        felony  for  a first violation and a Class 3 felony for a
10        second or subsequent  violation,  and  may  be  fined  an
11        amount not to exceed $50,000.
12             (1.5)  A   person  who  knowingly  owns  a  dog  for
13        fighting purposes or for producing a fight between  2  or
14        more  dogs or a dog and human or who knowingly offers for
15        sale or sells a dog bred for  fighting  is  guilty  of  a
16        Class  3  felony and may be fined an amount not to exceed
17        $50,000, if the dog participates in a dogfight and any of
18        the following factors is present:
19                  (i)  the dogfight is performed in the  presence
20             of a person under 18 years of age;
21                  (ii)  the dogfight is performed for the purpose
22             of  or in the presence of illegal wagering activity;
23             or
24                  (iii)  the dogfight is performed in furtherance
25             of streetgang related activity as defined in Section
26             10 of  the  Illinois  Streetgang  Terrorism  Omnibus
27             Prevention Act.
28             (1.7)  A  person  convicted  of violating subsection
29        (c-5) of this Section is guilty of a Class A misdemeanor.
30             (2)  Any person convicted  of  violating  subsection
31        (d)  or  (e)  of  this  Section  is  guilty  of a Class A
32        misdemeanor  for  a  first  violation.     A  second   or
33        subsequent  violation  of  subsection  (d) or (e) of this
34        Section is a Class 3 felony. if he or she knew or  should
 
SB1806 Engrossed             -36-             LRB9211445EGfgA
 1        have  known that the device or equipment under subsection
 2        (d) or (e) of this Section was to be used to carry out  a
 3        violation  where the only animals involved were dogs.  If
 4        the person did not know or  should  not  reasonably  have
 5        been  expected  to know that the only animals involved in
 6        the violation  were  dogs,  the  penalty  is  a  Class  B
 7        misdemeanor.
 8             (2.5)  Any  person convicted of violating subsection
 9        (f) of this Section is guilty of a Class 4 felony.
10             (3)  Any person convicted  of  violating  subsection
11        (g)  of  this  Section is guilty of a Class C misdemeanor
12        for a first violation.  A second or subsequent  violation
13        of   subsection   (g)  of  this  Section  is  a  Class  B
14        misdemeanor.
15        (j)  Any dog or equipment involved in a violation of this
16    Section shall  be  immediately  seized  and  impounded  under
17    Section 12 of the Humane Care for Animals Act when located at
18    any show, exhibition, program, or other activity featuring or
19    otherwise  involving  a  dog fight for the purposes of sport,
20    wagering, or entertainment.
21        (k)  Any  vehicle  or  conveyance  other  than  a  common
22    carrier that is used in violation of this  Section  shall  be
23    seized,  held,  and offered for sale at public auction by the
24    sheriff's department of  the  proper  jurisdiction,  and  the
25    proceeds  from the sale shall be remitted to the general fund
26    of the county where the violation took place.
27        (l)  Any veterinarian in this State who is presented with
28    a dog for treatment of  injuries  or  wounds  resulting  from
29    fighting where there is a reasonable possibility that the dog
30    was  engaged  in  or  utilized  for  a fighting event for the
31    purposes of sport, wagering, or entertainment  shall  file  a
32    report  with  the  Department of Agriculture and cooperate by
33    furnishing the owners' names, dates, and descriptions of  the
34    dog  or  dogs  involved.   Any veterinarian who in good faith
 
SB1806 Engrossed             -37-             LRB9211445EGfgA
 1    complies  with  the  requirements  of  this  subsection   has
 2    immunity  from  any liability, civil, criminal, or otherwise,
 3    that may result from his or her actions.  For the purposes of
 4    any proceedings, civil or criminal, the  good  faith  of  the
 5    veterinarian shall be rebuttably presumed.
 6        (m)  In  addition  to  any other penalty provided by law,
 7    upon conviction for violating this  Section,  the  court  may
 8    order  that  the convicted person and persons dwelling in the
 9    same household as the convicted person who conspired,  aided,
10    or  abetted  in  the  unlawful  act that was the basis of the
11    conviction, or who knew or should have known of the  unlawful
12    act,  may  not own, harbor, or have custody or control of any
13    dog or other animal for a period of time that the court deems
14    reasonable.
15             (4)  A second or subsequent violation of  subsection
16        (a),  (b), or (c) of this Section is a Class 3 felony.  A
17        second or subsequent violation of subsection (d)  or  (e)
18        of this Section is a Class 3 felony, if in each violation
19        the  person  knew or should have known that the device or
20        equipment under subsection (d) or (e) of this Section was
21        to be used to  carry  out  a  violation  where  the  only
22        animals  involved  were dogs.  If the person did not know
23        or should not reasonably have been expected to know  that
24        the  only  animals involved in the violation were dogs, a
25        second or subsequent violation of subsection (d)  or  (e)
26        of  this  Section  is a Class A misdemeanor.  A second or
27        subsequent violation of subsection (g) of this Section is
28        a Class B misdemeanor.
29    (Source: P.A. 92-425, eff. 1-1-02.)

30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.
 
SB1806 Engrossed             -38-             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

[ Top ]