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Public Act 094-0819
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| HB4238 Enrolled |
LRB094 15326 JAM 50517 b |
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section |
5-1071 as follows:
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(55 ILCS 5/5-1071) (from Ch. 34, par. 5-1071)
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Sec. 5-1071. Dogs running at large. The county board of |
each county
may regulate and prohibit the running at large of |
dogs in unincorporated
areas of the county which have been |
subdivided for residence purposes. The
county board may impose |
such fines or penalties as are deemed proper to
effectuate any |
such regulation or prohibition of dogs running at large,
except |
when a fine or penalty is already allowed by law. No fine or |
penalty
may exceed $50 for any one offense.
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(Source: P.A. 86-962.)
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Section 10. The Animal Control Act is amended by changing |
Sections 16 and 26 as follows:
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(510 ILCS 5/16) (from Ch. 8, par. 366)
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Sec. 16. Animal attacks or injuries.
If a dog or other |
animal, without provocation, attacks, attempts to attack, or |
injures any
person who is peaceably conducting himself or |
herself in any place where he or she may
lawfully be, the owner |
of such dog or other animal is liable in civil damages to
such |
person for the full amount of the injury proximately caused |
thereby
sustained.
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(Source: P.A. 78-795.)
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(510 ILCS 5/26) (from Ch. 8, par. 376)
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Sec. 26. (a) Except as otherwise provided in this Act, any
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Any person violating or aiding in or abetting the violation
of |
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any provision of this Act, or counterfeiting or forging any |
certificate,
permit, or tag, or making any misrepresentation in |
regard to any matter
prescribed by this Act, or resisting, |
obstructing, or impeding the
Administrator or any authorized |
officer in enforcing this Act, or refusing
to produce for |
inoculation any dog in his possession, or who removes a tag |
from
a dog for purposes of
destroying or concealing its |
identity, is guilty of a Class C misdemeanor for a
first |
offense and for a subsequent offense, is guilty of a Class B
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misdemeanor.
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Each day a person fails to comply constitutes a separate |
offense. Each
State's Attorney to whom the Administrator |
reports any violation of this
Act shall cause appropriate |
proceedings to be instituted in the proper
courts without delay |
and to be prosecuted in the manner provided by law.
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(b) If the owner of a vicious dog subject to enclosure:
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(1) fails to maintain or keep the dog in an enclosure |
or fails to spay
or neuter the dog within the time period |
prescribed; and
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(2) the dog inflicts serious physical injury upon any |
other person or causes the death of
another person; and
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(3) the attack is unprovoked in a place where such |
person is peaceably
conducting himself or herself and where |
such person may lawfully be;
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the owner shall
be guilty of a Class 3
Class 4 felony, unless |
the owner knowingly
allowed the
dog to run at large or failed |
to take steps to keep the dog in an enclosure
then the owner |
shall be guilty of a Class 2
Class 3 felony. The penalty
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provided in
this paragraph shall be in addition to any other |
criminal or civil sanction
provided by law.
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(c) If the owner of a dangerous dog knowingly fails to |
comply with any
order
regarding the dog and the dog inflicts |
serious physical
injury on a person or a companion animal, the |
owner shall be guilty of a Class 4 felony
Class
A misdemeanor. |
If the
owner of a dangerous dog knowingly fails to comply with |
any order regarding the
dog and
the dog kills a person the |
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owner shall be guilty of a Class 3
Class 4 felony.
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(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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Section 15. The Unified Code of Corrections is amended by |
changing Section 5-5-3.2 as follows:
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(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
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Sec. 5-5-3.2. Factors in Aggravation.
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(a) The following factors shall be accorded weight in favor |
of
imposing a term of imprisonment or may be considered by the |
court as reasons
to impose a more severe sentence under Section |
5-8-1:
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(1) the defendant's conduct caused or threatened |
serious harm;
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(2) the defendant received compensation for committing |
the offense;
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(3) the defendant has a history of prior delinquency or |
criminal activity;
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(4) the defendant, by the duties of his office or by |
his position,
was obliged to prevent the particular offense |
committed or to bring
the offenders committing it to |
justice;
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(5) the defendant held public office at the time of the |
offense,
and the offense related to the conduct of that |
office;
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(6) the defendant utilized his professional reputation |
or
position in the community to commit the offense, or to |
afford
him an easier means of committing it;
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(7) the sentence is necessary to deter others from |
committing
the same crime;
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(8) the defendant committed the offense against a |
person 60 years of age
or older or such person's property;
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(9) the defendant committed the offense against a |
person who is
physically handicapped or such person's |
property;
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(10) by reason of another individual's actual or |
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perceived race, color,
creed, religion, ancestry, gender, |
sexual orientation, physical or mental
disability, or |
national origin, the defendant committed the offense |
against (i)
the person or property
of that individual; (ii) |
the person or property of a person who has an
association |
with, is married to, or has a friendship with the other |
individual;
or (iii) the person or property of a relative |
(by blood or marriage) of a
person described in clause (i) |
or (ii). For the purposes of this Section,
"sexual |
orientation" means heterosexuality, homosexuality, or |
bisexuality;
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(11) the offense took place in a place of worship or on |
the
grounds of a place of worship, immediately prior to, |
during or immediately
following worship services. For |
purposes of this subparagraph, "place of
worship" shall |
mean any church, synagogue or other building, structure or
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place used primarily for religious worship;
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(12) the defendant was convicted of a felony committed |
while he was
released on bail or his own recognizance |
pending trial for a prior felony
and was convicted of such |
prior felony, or the defendant was convicted of a
felony |
committed while he was serving a period of probation,
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conditional discharge, or mandatory supervised release |
under subsection (d)
of Section 5-8-1
for a prior felony;
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(13) the defendant committed or attempted to commit a |
felony while he
was wearing a bulletproof vest. For the |
purposes of this paragraph (13), a
bulletproof vest is any |
device which is designed for the purpose of
protecting the |
wearer from bullets, shot or other lethal projectiles;
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(14) the defendant held a position of trust or |
supervision such as, but
not limited to, family member as |
defined in Section 12-12 of the Criminal Code
of 1961, |
teacher, scout leader, baby sitter, or day care worker, in
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relation to a victim under 18 years of age, and the |
defendant committed an
offense in violation of Section |
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, |
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12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
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against
that victim;
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(15) the defendant committed an offense related to the |
activities of an
organized gang. For the purposes of this |
factor, "organized gang" has the
meaning ascribed to it in |
Section 10 of the Streetgang Terrorism Omnibus
Prevention |
Act;
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(16) the defendant committed an offense in violation of |
one of the
following Sections while in a school, regardless |
of the time of day or time of
year; on any conveyance |
owned, leased, or contracted by a school to transport
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students to or from school or a school related activity; on |
the real property
of a school; or on a public way within |
1,000 feet of the real property
comprising any school: |
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
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11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or |
33A-2 of the Criminal Code of
1961;
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(16.5) the defendant committed an offense in violation |
of one of the
following Sections while in a day care |
center, regardless of the time of day or
time of year; on |
the real property of a day care center, regardless of the |
time
of day or time of year; or on a public
way within |
1,000 feet of the real property comprising any day care |
center,
regardless of the time of day or time of year:
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Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, |
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or |
33A-2 of the Criminal
Code of 1961;
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(17) the defendant committed the offense by reason of |
any person's
activity as a community policing volunteer or |
to prevent any person from
engaging in activity as a |
community policing volunteer. For the purpose of
this |
Section, "community policing volunteer" has the meaning |
ascribed to it in
Section 2-3.5 of the Criminal Code of |
1961;
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(18) the defendant committed the offense in a nursing |
home or on the
real
property comprising a nursing home. For |
the purposes of this paragraph (18),
"nursing home" means a |
skilled nursing
or intermediate long term care facility |
that is subject to license by the
Illinois Department of |
Public Health under the Nursing Home Care
Act;
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(19) the defendant was a federally licensed firearm |
dealer
and
was
previously convicted of a violation of |
subsection (a) of Section 3 of the
Firearm Owners |
Identification Card Act and has now committed either a |
felony
violation
of the Firearm Owners Identification Card |
Act or an act of armed violence while
armed
with a firearm; |
or |
(20) the defendant (i) committed the offense of |
reckless homicide under Section 9-3 of the Criminal Code of |
1961 or the offense of driving under the influence of |
alcohol, other drug or
drugs, intoxicating compound or |
compounds or any combination thereof under Section 11-501 |
of the Illinois Vehicle Code or a similar provision of a |
local ordinance and (ii) was operating a motor vehicle in |
excess of 20 miles per hour over the posted speed limit as |
provided in Article VI of Chapter 11 of the Illinois |
Vehicle Code; or .
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(21)
(20) the defendant (i) committed the offense of |
reckless driving or aggravated reckless driving under |
Section 11-503 of the Illinois Vehicle Code and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code. |
For the purposes of this Section:
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"School" is defined as a public or private
elementary or |
secondary school, community college, college, or university.
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"Day care center" means a public or private State certified |
and
licensed day care center as defined in Section 2.09 of the |
Child Care Act of
1969 that displays a sign in plain view |
stating that the
property is a day care center.
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(b) The following factors may be considered by the court as
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reasons to impose an extended term sentence under Section 5-8-2
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upon any offender:
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(1) When a defendant is convicted of any felony, after |
having
been previously convicted in Illinois or any other |
jurisdiction of the
same or similar class felony or greater |
class felony, when such conviction
has occurred within 10 |
years after the
previous conviction, excluding time spent |
in custody, and such charges are
separately brought and |
tried and arise out of different series of acts; or
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(2) When a defendant is convicted of any felony and the |
court
finds that the offense was accompanied by |
exceptionally brutal
or heinous behavior indicative of |
wanton cruelty; or
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(3) When a defendant is convicted of voluntary |
manslaughter, second
degree murder, involuntary |
manslaughter or reckless homicide in which the
defendant |
has been convicted of causing the death of more than one |
individual; or
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(4) When a defendant is convicted of any felony |
committed against:
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(i) a person under 12 years of age at the time of |
the offense or such
person's property;
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(ii) a person 60 years of age or older at the time |
of the offense or
such person's property; or
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(iii) a person physically handicapped at the time |
of the offense or
such person's property; or
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(5) In the case of a defendant convicted of aggravated |
criminal sexual
assault or criminal sexual assault, when |
the court finds that
aggravated criminal sexual assault or |
criminal sexual assault
was also committed on the same |
victim by one or more other individuals,
and the defendant |
voluntarily participated in the crime with the knowledge
of |
the participation of the others in the crime, and the |
commission of the
crime was part of a single course of |
conduct during which there was no
substantial change in the |
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nature of the criminal objective; or
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(6) When a defendant is convicted of any felony and the |
offense
involved any of the following types of specific |
misconduct committed as
part of a ceremony, rite, |
initiation, observance, performance, practice or
activity |
of any actual or ostensible religious, fraternal, or social |
group:
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(i) the brutalizing or torturing of humans or |
animals;
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(ii) the theft of human corpses;
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(iii) the kidnapping of humans;
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(iv) the desecration of any cemetery, religious, |
fraternal, business,
governmental, educational, or |
other building or property; or
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(v) ritualized abuse of a child; or
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(7) When a defendant is convicted of first degree |
murder, after having
been previously convicted in Illinois |
of any offense listed under paragraph
(c)(2) of Section |
5-5-3, when such conviction has occurred within 10 years
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after the previous conviction, excluding time spent in |
custody,
and such charges are separately brought and tried |
and arise out of
different series of acts; or
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(8) When a defendant is convicted of a felony other |
than conspiracy and
the court finds that
the felony was |
committed under an agreement with 2 or more other persons
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to commit that offense and the defendant, with respect to |
the other
individuals, occupied a position of organizer, |
supervisor, financier, or any
other position of management |
or leadership, and the court further finds that
the felony |
committed was related to or in furtherance of the criminal
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activities of an organized gang or was motivated by the |
defendant's leadership
in an organized gang; or
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(9) When a defendant is convicted of a felony violation |
of Section 24-1
of the Criminal Code of 1961 and the court |
finds that the defendant is a member
of an organized gang; |
or
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(10) When a defendant committed the offense using a |
firearm with a
laser sight attached to it. For purposes of |
this paragraph (10), "laser sight"
has the meaning ascribed |
to it in Section 24.6-5 of the Criminal Code of
1961; or
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(11) When a defendant who was at least 17 years of age |
at the
time of
the commission of the offense is convicted |
of a felony and has been previously
adjudicated a |
delinquent minor under the Juvenile Court Act of 1987 for |
an act
that if committed by an adult would be a Class X or |
Class 1 felony when the
conviction has occurred within 10 |
years after the previous adjudication,
excluding time |
spent in custody; or
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(12) When a defendant commits an offense involving the |
illegal
manufacture of a controlled substance under |
Section 401 of the Illinois
Controlled Substances Act, the |
illegal manufacture of methamphetamine under Section 25 of |
the Methamphetamine Control and Community Protection Act, |
or the illegal possession of explosives and an
emergency |
response
officer in
the performance of his or her duties is
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killed or injured at the scene of the offense while |
responding to the
emergency caused by the commission of the |
offense.
In this paragraph (12),
"emergency" means a |
situation in which a person's life, health, or safety is
in |
jeopardy; and
"emergency response officer" means a peace |
officer, community policing
volunteer, fireman, emergency |
medical
technician-ambulance, emergency medical |
technician-intermediate, emergency
medical |
technician-paramedic, ambulance
driver, other medical |
assistance or first aid personnel, or hospital emergency
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room personnel; or .
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(13) When a defendant commits any felony and the |
defendant used, possessed, exercised control over, or |
otherwise directed an animal to assault a law enforcement |
officer engaged in the execution of his or her official |
duties or in furtherance of the criminal activities of an |
organized gang in which the defendant is engaged.
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(b-1) For the purposes of this Section, "organized gang" |
has the meaning
ascribed to it in Section 10 of the Illinois |
Streetgang Terrorism Omnibus
Prevention Act.
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(c) The court may impose an extended term sentence under |
Section 5-8-2
upon any offender who was convicted of aggravated |
criminal sexual assault
or predatory criminal sexual assault of |
a child under subsection (a)(1) of
Section 12-14.1 of
the |
Criminal Code of 1961
where the victim was under 18 years of |
age at the time of the commission
of the offense.
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(d) The court may impose an extended term sentence under |
Section 5-8-2 upon
any offender who was convicted of unlawful |
use of weapons under Section 24-1 of
the Criminal Code of 1961 |
for possessing a weapon that is not readily
distinguishable as |
one of the weapons enumerated in Section 24-1 of the
Criminal |
Code of 1961.
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(Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, |
eff. 9-11-05; revised 8-19-05.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |