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Public Act 92-0425
HB2440 Enrolled LRB9206780RCcd
AN ACT in relation to criminal law.
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 4.01, 4.02, and 16 as follows:
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
Sec. 4.01. (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 or
knowingly manufacture, distribute, or deliver fittings to be
used in a fight between 2 or more dogs or a dog and a human.
(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) No person shall tie or attach or fasten any live
animal to any machine or device propelled by any power for
the purpose of causing such animal to be pursued by a dog or
dogs. This subsection (h) shall apply only when such dog is
intended to be used in a dog fight.
(Source: P.A. 87-819.)
(510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
Sec. 4.02. (a) Any law enforcement officer making an
arrest for an offense involving one or more animals dogs
under Section 4.01 of this Act shall lawfully take possession
of all animals dogs and all paraphernalia, implements, or
other property or things used or employed, or about to be
employed in the violation of any of the provisions of Section
4.01 of this Act. Such officer, after taking possession of
such animals dogs, paraphernalia, implements or other
property or things, shall file with the court before whom the
complaint is made against any person so arrested an affidavit
stating therein the name of the person charged in such
complaint, a description of the property so taken and the
time and place of the taking thereof together with the name
of the person from whom the same was taken and name of the
person who claims to own such property, if known, and that
the affiant has reason to believe and does believe, stating
the ground of such belief, that the property so taken was
used or employed, or was about to be used or employed, in
such violation of Section 4.01 of this Act. He shall
thereupon deliver the property so taken to the court, which
shall, by order, place the same in custody of an officer or
other proper person named and designated in such order, to be
kept by him until the conviction or final discharge of such
person complained against, and shall send a copy of such
order without delay to the State's attorney of the county and
the Department. The officer or person so named and
designated in such order shall immediately thereupon assume
the custody of such property and shall retain the same,
subject to the order of the court before which such person so
complained against may be required to appear for trial. Upon
the conviction of the person so charged, all property so
seized shall be adjudged by the court to be forfeited and
shall thereupon be destroyed or otherwise disposed of as the
court may order. In the event of the acquittal or final
discharge without conviction of the person so charged such
court shall, on demand, direct the delivery of such property
so held in custody to the owner thereof.
(b) 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 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 makes a
report, as required by this subsection (b), shall have
immunity from any liability, civil, criminal or that
otherwise might result by reason of such actions. For the
purposes of any proceedings, civil or criminal, the good
faith of any such veterinarian shall be presumed.
(Source: P.A. 84-723.)
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Violations; punishment; injunctions.
(a) Any person convicted of violating Sections 5, 5.01,
or 6 of this Act or any rule, regulation, or order of the
Department pursuant thereto, is guilty of a Class C
misdemeanor.
(b)(1) This subsection (b) does not apply where the
only animals involved in the violation are dogs.
(2) Any person convicted of violating subsection
(a), (b), (c) or (h) of Section 4.01 of this Act or any
rule, regulation, or order of the Department pursuant
thereto, is guilty of a Class A misdemeanor.
(3) A second or subsequent offense involving the
violation of subsection (a), (b) or (c) of Section 4.01
of this Act or any rule, regulation, or order of the
Department pursuant thereto is a Class 4 felony.
(4) Any person convicted of violating subsection
(d), (e) or (f) of Section 4.01 of this Act or any rule,
regulation, or order of the Department pursuant thereto,
is guilty of a Class B misdemeanor.
(5) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation,
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(c)(1) This subsection (c) applies exclusively
where the only animals involved in the violation are
dogs.
(2) Any person convicted of violating subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of a Class 4 felony and may be fined an amount not
to exceed $50,000. A person who knowingly owns a dog for
fighting purposes or for producing a fight between 2 or
more dogs or a dog and human or who knowingly offers for
sale or sells a dog bred for fighting is guilty of a
Class 3 felony if any of the following factors is
present:
(i) the dogfight is performed in the presence of a
person under 18 years of age;
(ii) the dogfight is performed for the purpose of
or in the presence of illegal wagering activity; or
(iii) the dogfight is performed in furtherance of
streetgang related activity as defined in Section 10 of
the Illinois Streetgang Terrorism Omnibus Prevention Act.
(3) Any person convicted of violating subsection
(d), or (e) or (f) of Section 4.01 of this Act or any
rule, regulation or order of the Department pursuant
thereto is guilty of Class A misdemeanor, if such person
knew or should have known that the device or equipment
under subsection (d) or (e) of that Section or the site,
structure or facility under subsection (f) of that
Section was to be used to carry out a violation where the
only animals involved were dogs. Where such person did
not know or should not reasonably have been expected to
know that the only animals involved in the violation were
dogs, the penalty shall be same as that provided for in
paragraph (4) of subsection (b).
(3.5) Any person convicted of violating subsection
(f) of Section 4.01 is guilty of a Class 4 felony.
(4) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(5) A second or subsequent violation of subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
a Class 3 felony. A second or subsequent violation of
subsection (d), or (e) or (f) of Section 4.01 of this Act
or any rule, regulation or order of the Department
adopted pursuant thereto is a Class 3 felony, if in each
violation the person knew or should have known that the
device or equipment under subsection (d) or (e) of that
Section or the site, structure or facility under
subsection (f) of that Section was to be used to carry
out a violation where the only animals involved were
dogs. Where such person did not know or should not
reasonably have been expected to know that the only
animals involved in the violation were dogs, a second or
subsequent violation of subsection (d), or (e) or (f) of
Section 4.01 of this Act or any rule, regulation or order
of the Department adopted pursuant thereto is a Class A
misdemeanor. A second or subsequent violation of
subsection (g) is a Class B misdemeanor.
(6) Any person convicted of violating Section 3.01
of this Act is guilty of a Class C misdemeanor. A second
conviction for a violation of Section 3.01 is a Class B
misdemeanor. A third or subsequent conviction for a
violation of Section 3.01 is a Class A misdemeanor.
(7) Any person convicted of violating Section 4.03
is guilty of a Class B misdemeanor.
(8) Any person convicted of violating Section 4.04
is guilty of a Class A misdemeanor where the animal is
not killed or totally disabled, but if the animal is
killed or totally disabled such person shall be guilty of
a Class 4 felony.
(8.5) A person convicted of violating subsection
(a) of Section 7.15 is guilty of a Class B misdemeanor.
A person convicted of violating subsection (b) or (c) of
Section 7.15 is (i) guilty of a Class A misdemeanor if
the dog is not killed or totally disabled and (ii) if the
dog is killed or totally disabled, guilty of a Class 4
felony and may be ordered by the court to make
restitution to the disabled person having custody or
ownership of the dog for veterinary bills and replacement
costs of the dog.
(9) Any person convicted of violating any other
provision of this Act, or any rule, regulation, or order
of the Department pursuant thereto, is guilty of a Class
C misdemeanor with every day that a violation continues
constituting a separate offense.
(d) Any person convicted of violating Section 7.1 is
guilty of a petty offense. A second or subsequent conviction
for a violation of Section 7.1 is a Class C misdemeanor.
(e) Any person convicted of violating Section 3.02 is
guilty of a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(f) The Department may enjoin a person from a continuing
violation of this Act.
(g) Any person convicted of violating Section 3.03 is
guilty of a Class 4 felony. A second or subsequent offense
is a Class 3 felony. As a condition of the sentence imposed
under this Section, the court shall order the offender to
undergo a psychological or psychiatric evaluation and to
undergo treatment that the court determines to be appropriate
after due consideration of the evaluation.
(Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97;
91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff.
7-29-99; revised 8-30-99.)
Section 10. The Criminal Code of 1961 is amended by
adding Section 26-5 as follows:
(720 ILCS 5/26-5 new)
Sec. 26-5. Dog fighting.
(a) No person may own, capture, breed, train, or lease
any dog which he or she knows is intended for use in any
show, exhibition, program, or other activity featuring or
otherwise involving a fight between the dog and any other
animal or human, or the intentional killing of any dog for
the purpose of sport, wagering, or entertainment.
(b) No person may 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 of any show, exhibition, program, or other
activity involving a fight between 2 or more dogs or any dog
and human, or the intentional killing of any dog.
(c) No person may sell or offer for sale, ship,
transport, or otherwise move, or deliver or receive any dog
which he or she knows has been captured, bred, or trained, or
will be used, to fight another dog or human or be
intentionally killed for purposes of sport, wagering, or
entertainment.
(d) No person may manufacture for sale, shipment,
transportation, or delivery any device or equipment 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 2 or more dogs, or any human and
dog, or the intentional killing of any dog for purposes of
sport, wagering, or entertainment.
(e) No person may own, possess, sell or offer for sale,
ship, transport, or otherwise move any equipment or device
which he or she 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
dogs, or any dog and human, or the intentional killing of any
dog for purposes of sport, wagering or entertainment.
(f) No person may knowingly make available any site,
structure, or facility, whether enclosed or not, that he or
she knows is intended to be used for the purpose of
conducting any show, exhibition, program, or other activity
involving a fight between 2 or more dogs, or any dog and
human, or the intentional killing of any dog or knowingly
manufacture, distribute, or deliver fittings to be used in a
fight between 2 or more dogs or a dog and human.
(g) No person may attend or otherwise patronize any
show, exhibition, program, or other activity featuring or
otherwise involving a fight between 2 or more dogs, or any
dog and human, or the intentional killing of any dog for
purposes of sport, wagering, or entertainment.
(h) No person may tie or attach or fasten any live
animal to any machine or device propelled by any power for
the purpose of causing the animal to be pursued by a dog or
dogs. This subsection (h) applies only when the dog is
intended to be used in a dog fight.
(i)(1) Any person convicted of violating subsection (a),
(b) or (c) of this Section is guilty of a Class 4 felony and
may be fined an amount not to exceed $50,000. A person who
knowingly owns a dog for fighting purposes or for producing a
fight between 2 or more dogs or a dog and human or who
knowingly offers for sale or sells a dog bred for fighting is
guilty of a Class 3 felony if any of the following factors is
present:
(i) the dogfight is performed in the presence of a
person under 18 years of age;
(ii) the dogfight is performed for the purpose of
or in the presence of illegal wagering activity; or
(iii) the dogfight is performed in furtherance of
streetgang related activity as defined in Section 10 of
the Illinois Streetgang Terrorism Omnibus Prevention Act.
(2) Any person convicted of violating subsection (d) or
(e) of this Section is guilty of Class A misdemeanor if he or
she knew or should have known that the device or equipment
under subsection (d) or (e) of this Section was to be used to
carry out a violation where the only animals involved were
dogs. If the person did not know or should not reasonably
have been expected to know that the only animals involved in
the violation were dogs, the penalty is a Class B
misdemeanor.
(2.5) Any person convicted of violating subsection (f)
of this Section is guilty of a Class 4 felony.
(3) Any person convicted of violating subsection (g) of
this Section is guilty of a Class C misdemeanor.
(4) A second or subsequent violation of subsection (a),
(b), or (c) of this Section is a Class 3 felony. A second or
subsequent violation of subsection (d) or (e) of this Section
is a Class 3 felony, if in each violation the person knew or
should have known that the device or equipment under
subsection (d) or (e) of this Section was to be used to carry
out a violation where the only animals involved were dogs.
If the person did not know or should not reasonably have been
expected to know that the only animals involved in the
violation were dogs, a second or subsequent violation of
subsection (d) or (e) of this Section is a Class A
misdemeanor. A second or subsequent violation of subsection
(g) of this Section is a Class B misdemeanor.
Passed in the General Assembly May 25, 2001.
Approved August 17, 2001.
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