Public Act 095-0560
 
HB3614 Enrolled LRB095 08978 CMK 31755 b

    AN ACT concerning animals.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Humane Care for Animals Act is amended by
changing Sections 3.04, 4.01, and 4.04 and by adding Section 17
as follows:
 
    (510 ILCS 70/3.04)
    Sec. 3.04. Arrests and seizures; penalties.
    (a) Any law enforcement officer making an arrest for an
offense involving one or more companion animals under Section
3.01, 3.02, or 3.03 of this Act may lawfully take possession of
some or all of the companion animals in the possession of the
person arrested. The officer, after taking possession of the
companion animals, must file with the court before whom the
complaint is made against any person so arrested an affidavit
stating the name of the person charged in the complaint, a
description of the condition of the companion animal or
companion animals taken, and the time and place the companion
animal or companion animals were taken, together with the name
of the person from whom the companion animal or companion
animals were taken and name of the person who claims to own the
companion animal or companion animals if different from the
person from whom the companion animal or companion animals were
seized. He or she must at the same time deliver an inventory of
the companion animal or companion animals taken to the court of
competent jurisdiction. The officer must place the companion
animal or companion animals in the custody of an animal control
or animal shelter and the agency must retain custody of the
companion animal or companion animals subject to an order of
the court adjudicating the charges on the merits and before
which the person complained against is required to appear for
trial. The State's Attorney may, within 14 days after the
seizure, file a "petition for forfeiture prior to trial" before
the court having criminal jurisdiction over the alleged
charges, asking for permanent forfeiture of the companion
animals seized. The petition shall be filed with the court,
with copies served on the impounding agency, the owner, and
anyone claiming an interest in the animals. In a "petition for
forfeiture prior to trial", the burden is on the prosecution to
prove by a preponderance of the evidence that the person
arrested violated Section 3.01, 3.02, 3.03, or 4.01 of this Act
or Section 26-5 of the Criminal Code of 1961.
    (b) An owner whose companion animal or companion animals
are removed by a law enforcement officer under this Section
must be given written notice of the circumstances of the
removal and of any legal remedies available to him or her. The
notice must be posted at the place of seizure, or delivered to
a person residing at the place of seizure or, if the address of
the owner is different from the address of the person from whom
the companion animal or companion animals were seized,
delivered by registered mail to his or her last known address.
    (c) In addition to any other penalty provided by law, upon
conviction for violating Sections 3, 3.01, 3.02, or 3.03 the
court may order the convicted person to forfeit to an animal
control or animal shelter the animal or animals that are the
basis of the conviction. Upon an order of forfeiture, the
convicted person is deemed to have permanently relinquished all
rights to the animal or animals that are the basis of the
conviction. The forfeited animal or animals shall be adopted or
humanely euthanized. In no event may the convicted person or
anyone residing in his or her household be permitted to adopt
the forfeited animal or animals. The court, additionally, may
order that the convicted person and persons dwelling in the
same household as the convicted person who conspired, aided, or
abetted in the unlawful act that was the basis of the
conviction, or who knew or should have known of the unlawful
act, may not own, harbor, or have custody or control of any
other animals for a period of time that the court deems
reasonable.
(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
 
    (510 ILCS 70/4.01)  (from Ch. 8, par. 704.01)
    Sec. 4.01. Animals in entertainment. This Section does not
apply when the only animals involved are dogs. (Section 26-5 of
the Criminal Code of 1961, rather than this Section, applies
when the only animals involved are dogs.)
    (a) No person may own, capture, breed, train, or lease any
animal which he or she knows or should know is intended for use
in any show, exhibition, program, or other activity featuring
or otherwise involving a fight between such animal and any
other animal or human, or the intentional killing of any animal
for the purpose of sport, wagering, or entertainment.
    (b) No person shall promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or
entertainment, any show, exhibition, program, or other
activity involving a fight between 2 or more animals or any
animal and human, or the intentional killing of any animal.
    (c) No person shall sell or offer for sale, ship,
transport, or otherwise move, or deliver or receive any animal
which he or she knows or should know has been captured, bred,
or trained, or will be used, to fight another animal or human
or be intentionally killed, for the purpose of sport, wagering,
or entertainment.
    (d) No person shall manufacture for sale, shipment,
transportation or delivery any device or equipment which that
person knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more animals, or any human and
animal, or the intentional killing of any animal for purposes
of sport, wagering or entertainment.
    (e) No person shall own, possess, sell or offer for sale,
ship, transport, or otherwise move any equipment or device
which such person knows or should know is intended for use in
connection with any show, exhibition, program, or activity
featuring or otherwise involving a fight between 2 or more
animals, or any animal and human, or the intentional killing of
any animal for purposes of sport, wagering or entertainment.
    (f) No person shall make available any site, structure, or
facility, whether enclosed or not, which he or she knows or
should know is intended to be used for the purpose of
conducting any show, exhibition, program, or other activity
involving a fight between 2 or more animals, or any animal and
human, or the intentional killing of any animal.
    (g) No person shall attend or otherwise patronize any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more animals, or any animal and
human, or the intentional killing of any animal for the
purposes of sport, wagering or entertainment.
    (h) (Blank).
    (i) Any animals or equipment involved in a violation of
this Section shall be immediately seized and impounded under
Section 12 by the Department when located at any show,
exhibition, program, or other activity featuring or otherwise
involving an animal fight for the purposes of sport, wagering,
or entertainment.
    (j) Any vehicle or conveyance other than a common carrier
that is used in violation of this Section shall be seized,
held, and offered for sale at public auction by the sheriff's
department of the proper jurisdiction, and the proceeds from
the sale shall be remitted to the general fund of the county
where the violation took place.
    (k) Any veterinarian in this State who is presented with an
animal for treatment of injuries or wounds resulting from
fighting where there is a reasonable possibility that the
animal was engaged in or utilized for a fighting event for the
purposes of sport, wagering, or entertainment shall file a
report with the Department and cooperate by furnishing the
owners' names, dates, and descriptions of the animal or animals
involved. Any veterinarian who in good faith complies with the
requirements of this subsection has immunity from any
liability, civil, criminal, or otherwise, that may result from
his or her actions. For the purposes of any proceedings, civil
or criminal, the good faith of the veterinarian shall be
rebuttably presumed.
    (l) No person shall solicit a minor to violate this
Section.
    (m) The penalties for violations of this Section shall be
as follows:
        (1) A person convicted of violating subsection (a),
    (b), or (c) of this Section or any rule, regulation, or
    order of the Department pursuant thereto is guilty of a
    Class 4 felony A misdemeanor for the first offense. A
    second or subsequent offense involving the violation of
    subsection (a), (b), or (c) of this Section or any rule,
    regulation, or order of the Department pursuant thereto is
    a Class 3 4 felony.
        (2) A person convicted of violating subsection (d),
    (e), or (f) of this Section or any rule, regulation, or
    order of the Department pursuant thereto is guilty of a
    Class A misdemeanor for the first offense. A second or
    subsequent violation is a Class 4 felony.
        (3) A person convicted of violating subsection (g) of
    this Section or any rule, regulation, or order of the
    Department pursuant thereto is guilty of a Class C
    misdemeanor.
        (4) A person convicted of violating subsection (l) of
    this Section is guilty of a Class A misdemeanor.
(Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650,
eff. 7-11-02; 92-651, eff. 7-11-02; revised 11-21-02.)
 
    (510 ILCS 70/4.04)  (from Ch. 8, par. 704.04)
    Sec. 4.04. Injuring or killing police animals, service
animals, or search and rescue dogs prohibited. It shall be
unlawful for any person to willfully or maliciously torture,
mutilate, injure, disable, poison, or kill (i) any animal used
by a law enforcement department or agency in the performance of
the functions or duties of the department or agency or when
placed in confinement off duty, (ii) any service animal, (iii)
any search and rescue dog, or (iv) any law enforcement,
service, or search and rescue animal in training. However, a
police officer or veterinarian may perform euthanasia in
emergency situations when delay would cause the animal undue
suffering and pain.
    A person convicted of violating this Section is guilty of a
Class 4 felony A misdemeanor if the animal is not killed or
totally disabled; if the animal is killed or totally disabled,
the person is guilty of a Class 3 Class 4 felony.
(Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02;
92-650, eff. 7-11-02; incorporates 92-723, eff. 1-1-03;
revised 10-3-02.)
 
    (510 ILCS 70/17 new)
    Sec. 17. Penalties.
    (a) Any person convicted of any act of abuse or neglect or
of violating any other provision of this Act, for which a
penalty is not otherwise provided, or any rule, regulation, or
order of the Department pursuant thereto, is guilty of a Class
B misdemeanor. A second or subsequent violation is a Class 4
felony with every day that a violation continues constituting a
separate offense.
    (b) The Department may enjoin a person from a continuing
violation of this Act.
 
    (510 ILCS 70/16 rep.)
    Section 10. The Humane Care for Animals Act is amended by
repealing Section 16.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.