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Public Act 92-0650
SB1806 Enrolled LRB9211445EGfgA
AN ACT concerning the humane care of 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, 3.01, 3.02, 3.03, 3.04, 3.05, 4, 4.01,
4.02, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 as
follows:
(510 ILCS 70/3) (from Ch. 8, par. 703)
Sec. 3. Owner's duties. Each owner shall provide for
each of his animals:
(a) sufficient quantity of good quality, wholesome
food and water;
(b) adequate shelter and protection from the
weather;
(c) veterinary care when needed to prevent
suffering; and
(d) humane care and treatment.
A person convicted of violating this Section 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. In addition to any other
penalty provided by law, upon conviction for violating this
Section, the court may order the convicted person to undergo
a psychological or psychiatric evaluation and to undergo any
treatment at the convicted person's expense that the court
determines to be appropriate after due consideration of the
evaluation. If the convicted person is a juvenile or a
companion animal hoarder, the court must order the convicted
person 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. 78-905.)
(510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
Sec. 3.01. Cruel treatment. No person or owner may
beat, cruelly treat, torment, starve, overwork or otherwise
abuse any animal.
No owner may abandon any animal where it may become a
public charge or may suffer injury, hunger or exposure.
A person convicted of violating this Section is guilty of
a Class A misdemeanor. A second or subsequent conviction for
a violation of this Section is a Class 4 felony. In addition
to any other penalty provided by law, upon conviction for
violating this Section, the court may order the convicted
person to undergo a psychological or psychiatric evaluation
and to undergo any treatment at the convicted person's
expense that the court determines to be appropriate after due
consideration of the evidence. If the convicted person is a
juvenile or a companion animal hoarder, the court must order
the convicted person 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. 84-466.)
(510 ILCS 70/3.02)
Sec. 3.02. Aggravated cruelty. No person may
intentionally commit an act that causes a companion animal to
suffer serious injury or death. Aggravated cruelty does not
include euthanasia of a companion animal through recognized
methods approved by the Department of Agriculture.
A person convicted of violating Section 3.02 is guilty of
a Class 4 felony. A second or subsequent violation is a
Class 3 felony. In addition to any other penalty provided by
law, upon conviction for violating this Section, the court
may order the convicted person to undergo a psychological or
psychiatric evaluation and to undergo any treatment at the
convicted person's expense that the court determines to be
appropriate after due consideration of the evaluation. If
the convicted person is a juvenile or a companion animal
hoarder, the court must order the convicted person 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. 88-600, eff. 9-1-94.)
(510 ILCS 70/3.03)
Sec. 3.03. Animal torture.
(a) A person commits animal torture when that person
without legal justification knowingly or intentionally
tortures an animal. For purposes of this Section, and
subject to subsection (b), "torture" means infliction of or
subjection to extreme physical pain, motivated by an intent
to increase or prolong the pain, suffering, or agony of the
animal.
(b) For the purposes of this Section, "animal torture"
does not include any death, harm, or injury caused to any
animal by any of the following activities:
(1) any hunting, fishing, trapping, or other
activity allowed under the Wildlife Code, the Wildlife
Habitat Management Areas Act, or the Fish and Aquatic
Life Code;
(2) any alteration or destruction of any animal
done by any person or unit of government pursuant to
statute, ordinance, court order, or the direction of a
licensed veterinarian;
(3) any alteration or destruction of any animal by
any person for any legitimate purpose, including, but not
limited to: castration, culling, declawing, defanging,
ear cropping, euthanasia, gelding, grooming, neutering,
polling, shearing, shoeing, slaughtering, spaying, tail
docking, and vivisection; and
(4) any other activity that may be lawfully done to
an animal.
(c) A person convicted of violating this Section is
guilty of 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. 91-351, eff. 7-29-99.)
(510 ILCS 70/3.04)
Sec. 3.04. Arrests and seizures.
(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.
(Source: P.A. 92-454, eff. 1-1-02.)
(510 ILCS 70/3.05)
Sec. 3.05. Security for companion animals and animals
used for fighting purposes.
(a) In the case of companion animals as defined in
Section 2.01a or animals used for fighting purposes in
violation of pursuant to Section 4.01 of this Act or Section
26-5 of the Criminal Code of 1961, the animal control or
animal shelter having custody of the animal or animals may
file a petition with the court requesting that the person
from whom the animal or animals are seized, or the owner of
the animal or animals, be ordered to post security. The
security must be in an amount sufficient to secure payment of
all reasonable expenses expected to be incurred by the animal
control or animal shelter in caring for and providing for the
animal or animals pending the disposition of the charges.
Reasonable expenses include, but are not limited to,
estimated medical care and boarding of the animal or animals
for 30 days. The amount of the security shall be determined
by the court after taking into consideration all of the facts
and circumstances of the case, including, but not limited to,
the recommendation of the impounding organization having
custody and care of the seized animal or animals and the cost
of caring for the animal or animals. If security has been
posted in accordance with this Section, the animal control or
animal shelter may draw from the security the actual costs
incurred by the agency in caring for the seized animal or
animals.
(b) Upon receipt of a petition, the court must set a
hearing on the petition, to be conducted within 5 business
days after the petition is filed. The petitioner must serve
a true copy of the petition upon the defendant and the
State's Attorney for the county in which the animal or
animals were seized. The petitioner must also serve a true
copy of the petition on any interested person. For the
purposes of this subsection, "interested person" means an
individual, partnership, firm, joint stock company,
corporation, association, trust, estate, or other legal
entity that the court determines may have a pecuniary
interest in the animal or animals that are the subject of the
petition. The court must set a hearing date to determine any
interested parties. The court may waive for good cause shown
the posting of security.
(c) If the court orders the posting of security, the
security must be posted with the clerk of the court within 5
business days after the hearing. If the person ordered to
post security does not do so, the animal or animals are
forfeited by operation of law and the animal control or
animal shelter having control of the animal or animals must
dispose of the animal or animals through adoption or must
humanely euthanize the animal. In no event may the defendant
or any person residing in the defendant's household adopt the
animal or animals.
(d) The impounding organization may file a petition with
the court upon the expiration of the 30-day period requesting
the posting of additional security. The court may order the
person from whom the animal or animals were seized, or the
owner of the animal or animals, to post additional security
with the clerk of the court to secure payment of reasonable
expenses for an additional period of time pending a
determination by the court of the charges against the person
from whom the animal or animals were seized.
(e) In no event may the security prevent the impounding
organization having custody and care of the animal or animals
from disposing of the animal or animals before the expiration
of the 30-day period covered by the security if the court
makes a final determination of the charges against the person
from whom the animal or animals were seized. Upon the
adjudication of the charges, the person who posted the
security is entitled to a refund of the security, in whole or
in part, for any expenses not incurred by the impounding
organization.
(f) Notwithstanding any other provision of this Section
to the contrary, the court may order a person charged with
any violation of this Act to provide necessary food, water,
shelter, and care for any animal or animals that are the
basis of the charge without the removal of the animal or
animals from their existing location and until the charges
against the person are adjudicated. Until a final
determination of the charges is made, any law enforcement
officer, animal control officer, Department investigator, or
an approved humane investigator may be authorized by an order
of the court to make regular visits to the place where the
animal or animals are being kept to ascertain if the animal
or animals are receiving necessary food, water, shelter, and
care. Nothing in this Section prevents any law enforcement
officer, Department investigator, or approved humane
investigator from applying for a warrant under this Section
to seize any animal or animals being held by the person
charged pending the adjudication of the charges if it is
determined that the animal or animals are not receiving the
necessary food, water, shelter, or care.
(g) Nothing in this Act shall be construed to prevent
the voluntary, permanent relinquishment of any animal by its
owner to an animal control or animal shelter in lieu of
posting security or proceeding to a forfeiture hearing.
Voluntary relinquishment shall have no effect on the criminal
charges that may be pursued by the appropriate authorities.
(h) If an owner of a companion animal is acquitted by
the court of charges made pursuant to this Act, the court
shall further order that any security that has been posted
for the animal shall be returned to the owner by the
impounding organization.
(i) The provisions of this Section only pertain to
companion animals and animals used for fighting purposes.
(Source: P.A. 92-454, eff. 1-1-02.)
(510 ILCS 70/4) (from Ch. 8, par. 704)
Sec. 4. Prohibited acts. No person may sell, offer for
sale, barter, or give away as a pet or a novelty any rabbit
or any baby chick, duckling or other fowl which has been
dyed, colored, or otherwise treated to impart an artificial
color thereto. Baby chicks or ducklings shall not be sold,
offered for sale, bartered, or given away as pets or
novelties. Rabbits, ducklings or baby chicks shall not be
awarded as prizes in any game of chance.
A person convicted of violating this Section 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.
(Source: P.A. 86-172.)
(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.)
Prohibitions.
(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
(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) (Blank). 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.
(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 conspire or 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 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 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;
revised 10-11-01.)
(510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
Sec. 4.02. Arrests; reports.
(a) Any law enforcement officer making an arrest for an
offense involving one or more animals under Section 4.01 of
this Act or Section 26-5 of the Criminal Code of 1961 shall
lawfully take possession of all animals 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 or Section 26-5
of the Criminal Code of 1961. When a law enforcement officer
has taken possession of such animals, paraphernalia,
implements or other property or things, he or she 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 the 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 different from the person from whom the animals
dogs were seized and if known, and that the affiant has
reason to believe and does believe, stating the ground of the
belief, that the animals dogs and property so taken were used
or employed, or were about to be used or employed, in a
violation of Section 4.01 of this Act or Section 26-5 of the
Criminal Code of 1961. He or she shall thereupon deliver an
inventory of the property so taken to the court of competent
jurisdiction. A law enforcement officer may humanely
euthanize animals dogs that are severely injured.
An owner whose animals dogs are removed for a violation
of Section 4.01 of this Act or Section 26-5 of the Criminal
Code of 1961 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 animals dogs
were seized, delivered by registered mail to his or her last
known address.
The animal control or animal shelter having custody of
the animals dogs may file a petition with the court
requesting that the person from whom the animals dogs were
seized or the owner of the animals dogs be ordered to post
security pursuant to Section 3.05 of this Act.
Upon the conviction of the person so charged, all animals
dogs shall be adopted or humanely euthanized and property so
seized shall be adjudged by the court to be forfeited. Any
outstanding costs incurred by the impounding facility in
boarding and treating the animals dogs pending the
disposition of the case and disposing of the animals dogs
upon a conviction must be borne by the person convicted. In
no event may the animals dogs be adopted by the defendant or
anyone residing in his or her household. If the court finds
that the State either failed to prove the criminal
allegations or failed to prove that the animals dogs were
used in fighting, the court must direct the delivery of the
animals dogs and the other property not previously forfeited
to the owner of the animals dogs and property.
Any person authorized by this Section to care for an
animal a dog, to treat an animal a dog, or to attempt to
restore an animal a dog to good health and who is acting in
good faith is immune from any civil or criminal liability
that may result from his or her actions.
An animal control warden, animal control administrator,
animal shelter employee, or approved humane investigator may
humanely euthanize severely injured, diseased, or suffering
animal dog in exigent circumstances.
(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, date of receipt of the animal or animals
and treatment administered, and descriptions of the animal or
animals involved. Any veterinarian who in good faith makes a
report, as required by this subsection (b), is immune from
any liability, civil, criminal, or otherwise, resulting from
his or her actions. For the purposes of any proceedings,
civil or criminal, the good faith of any such veterinarian
shall be presumed.
(Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02;
revised 10-11-01.)
(510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
Sec. 4.03. Teasing, striking or tampering with police
animals, service animals, or search and rescue dogs
prohibited. It shall be unlawful for any person to willfully
and maliciously taunt, torment, tease, beat, strike, or
administer or subject any desensitizing drugs, chemicals or
substance to (i) any animal used by a law enforcement officer
in the performance of his or her functions or duties, or when
placed in confinement off duty, (ii) any service animal,
(iii) any search and rescue dog, or (iv) any police, service,
or search and rescue animal in training. It is unlawful for
any person to interfere or meddle with (i) any animal used by
a law enforcement department or agency or any handler thereof
in the performance of the functions or duties of the
department or agency, (ii) any service animal, (iii) any
search and rescue dog, or (iv) any law enforcement, service,
or search and rescue animal in training.
Any person convicted of violating this Section is guilty
of a Class A misdemeanor. A second or subsequent violation
is a Class 4 felony.
(Source: P.A. 92-454, eff. 1-1-02.)
(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 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 4 felony.
(Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02.)
(510 ILCS 70/5) (from Ch. 8, par. 705)
Sec. 5. Lame or disabled horses. No person shall sell,
offer to sell, lead, ride, transport, or drive on any public
way any equidae which, because of debility, disease, lameness
or any other cause, could not be worked in this State without
violating this Act, unless the equidae is being sold,
transported, or housed with the intent that it will be moved
in an expeditious and humane manner to an approved
slaughtering establishment. Such equidae may be conveyed to
a proper place for medical or surgical treatment, for humane
keeping or euthanasia, or for slaughter in an approved
slaughtering establishment.
A person convicted of violating this Section or any rule,
regulation, or order of the Department pursuant thereto is
guilty of a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(Source: P.A. 87-157.)
(510 ILCS 70/5.01)
Sec. 5.01. Horse poling or tripping.
(a) As used in this Section:
"Pole" means to use a method of training a horse that
consists of (i) forcing, persuading, or enticing a horse to
jump so that one or more of its legs contacts an obstruction
consisting of any kind of wire, or a pole, stick, rope, or
other object in which is embedded brads, nails, tacks, or
other sharp points or (ii) raising, throwing, or moving a
pole, stick, wire, rope, or other object against one or more
legs of a horse while it is jumping an obstruction so that
the horse, in either case, is induced to raise its leg or
legs higher in order to clear the obstruction.
"Trip" means to use a wire, rope, pole, stick, or other
object or apparatus to cause a horse to fall or lose its
balance.
(b) No person may knowingly pole or trip a horse by any
means for entertainment or sport purposes.
(c) This Section does not prohibit the lawful laying
down of a horse for medical or identification purposes.
(d) A person convicted of violating this Section is
guilty of a Class A misdemeanor. A second or subsequent
violation of this Section is a Class 4 felony.
(Source: P.A. 89-455, eff. 5-20-96.)
(510 ILCS 70/6) (from Ch. 8, par. 706)
Sec. 6. Poisoning prohibited. No person may knowingly
poison or cause to be poisoned any dog or other domestic
animal. The only exception will be by written permit from
the Department for the purpose of controlling diseases
transmissible to humans or other animals and only when all
other methods and means have been exhausted. Such a written
permit shall name the person or persons conducting the
poisoning, specify the products to be used, give the
boundaries of the area involved, and specify the
precautionary measures to be employed to insure the safety of
humans and other animals. Any drug used for euthanasia shall
be by or under the direction of a licensed veterinarian.
This Section does not prohibit the use of a euthanasia
drug by a euthanasia agency for the purpose of animal
euthanasia, provided that the euthanasia drug is used by or
under the direction of a licensed veterinarian or certified
euthanasia technician, all as defined in and subject to the
Humane Euthanasia in Animal Shelters Act.
A person convicted of violating this Section or any rule,
regulation, or order of the Department pursuant thereto is
guilty of a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(Source: P.A. 78-905.)
(510 ILCS 70/7) (from Ch. 8, par. 707)
Sec. 7. Confinement or detention during transportation.
No owner, railroad or other common carrier may, when
transporting any animal, allow that animal to be confined in
any type of conveyance more than 28 consecutive hours without
being exercised as necessary for that particular type of
animal and without being properly rested, fed and watered;
except that a reasonable extension of this time limit shall
be granted when a storm or accident causes a delay. In the
case of default of the owner or consignee, the company
transporting the animal shall exercise the animal, when
necessary for the particular type of animal and for the
proper resting, feeding, watering and sheltering of such
animal, and shall have a lien upon the animal until all
expenses resulting therefrom have been paid.
Any person who intentionally or negligently without
jurisdiction of law detains a shipment of livestock long
enough to endanger the health or safety of the livestock is
liable to the owner for any diminution in the value or death
of the livestock.
Authorities detaining a livestock shipment shall give
priority to the health and safety of the animals and shall
expeditiously handle any legal violation so that the intact
shipment may safely reach its designated destination.
A person convicted of violating this Section 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.
(Source: P.A. 87-1094.)
(510 ILCS 70/7.1) (from Ch. 8, par. 707.1)
Sec. 7.1. Confinement in motor vehicle. No owner or
person shall confine any animal in a motor vehicle in such a
manner that places it in a life or health threatening
situation by exposure to a prolonged period of extreme heat
or cold, without proper ventilation or other protection from
such heat or cold. In order to protect the health and safety
of an animal, an animal control officer, law enforcement
officer, or Department investigator who has probable cause to
believe that this Section is being violated shall have
authority to enter such motor vehicle by any reasonable means
under the circumstances after making a reasonable effort to
locate the owner or other person responsible.
A person convicted of violating this Section is guilty of
a Class C misdemeanor. A second or subsequent violation is a
Class B misdemeanor.
(Source: P.A. 86-1325.)
(510 ILCS 70/7.5)
Sec. 7.5. Downed animals.
(a) For the purpose of this Section a downed animal is
one incapable of walking without assistance.
(b) No downed animal shall be sent to a stockyard,
auction, or other facility where its impaired mobility may
result in suffering. An injured animal may be sent directly
to a slaughter facility.
(c) A downed animal sent to a stockyard, auction, or
other facility in violation of this Section shall be humanely
euthanized, the disposition of such animal shall be the
responsibility of the owner, and the owner shall be liable
for any expense incurred.
If an animal becomes downed in transit it shall be the
responsibility of the carrier.
(d) A downed animal shall not be transported unless
individually segregated.
(e) A person convicted of violating this Section 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.
(Source: P.A. 88-66.)
(510 ILCS 70/7.15)
Sec. 7.15. Guide, hearing, and support dogs.
(a) A person may not willfully and maliciously annoy,
taunt, tease, harass, torment, beat, or strike a guide,
hearing, or support dog or otherwise engage in any conduct
directed toward a guide, hearing, or support dog that is
likely to impede or interfere with the dog's performance of
its duties or that places the blind, hearing impaired, or
physically handicapped person being served or assisted by the
dog in danger of injury.
(b) A person may not willfully and maliciously torture,
injure, or kill a guide, hearing, or support dog.
(c) A person may not willfully and maliciously permit a
dog that is owned, harbored, or controlled by the person to
cause injury to or the death of a guide, hearing, or support
dog while the guide, hearing, or support dog is in discharge
of its duties.
(d) A person convicted of violating this Section is
guilty of a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony. A person convicted of
violating subsection (b) or (c) of this Section is guilty of
a Class 4 felony if the dog is killed or totally disabled,
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.
(Source: P.A. 89-689, eff. 12-31-96.)
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Miscellaneous violations; punishment;
injunctions; forfeiture.
(a) (Blank). Any person convicted of violating
subsection (l) of Section 4.01 or 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 A misdemeanor. A
second or subsequent violation of Section 5, 5.01, or 6 is a
Class 4 felony.
(b) (Blank). (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 A misdemeanor. A second or
subsequent violation is a Class 4 felony.
(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) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of Class A misdemeanor.
(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) 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 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) 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 A misdemeanor. A second
or subsequent conviction for a violation of Section 3.01
is a Class 4 felony.
(7) Any person convicted of violating Section 4.03
is guilty of a Class A misdemeanor. A second or
subsequent violation is a Class 4 felony.
(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 A 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. A second or subsequent violation is a
Class 4 felony.
(c) (9) Any person convicted of any other act of abuse
or neglect for which no other penalty is specified in this
Act, or of violating any other provision of this Act, or any
rule, regulation, or order of the Department pursuant thereto
for which no other penalty is specified in this Act, is
guilty of a Class B misdemeanor for the first violation. A
second or subsequent violation is a Class 4 felony, with
every day that a violation continues constituting a separate
offense.
(d) (Blank). Any person convicted of violating Section
7.1 is guilty of a Class C misdemeanor. A second or
subsequent conviction for a violation of Section 7.1 is a
Class B misdemeanor.
(e) (Blank). Any person convicted of violating Section
3.02 is guilty of a Class 4 felony. A second or subsequent
violation is a Class 3 felony.
(f) The Department may enjoin a person from a continuing
violation of this Act.
(g) (Blank). Any person convicted of violating Section
3.03 is guilty of 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.
(h) (Blank). In addition to any other penalty provided
by law, upon a conviction for violating Sections 3, 3.01,
3.02, or 3.03 the court may order the convicted person to
undergo a psychological or psychiatric evaluation and to
undergo any treatment at the convicted person's expense that
the court determines to be appropriate after due
consideration of the evaluation. If the convicted person is a
juvenile or a companion animal hoarder, the court must order
the convicted person to undergo a psychological or
psychiatric evaluation and to undergo treatment that the
court determines to be appropriate after due consideration of
the evaluation.
(i) In addition to any other penalty provided by law,
upon conviction for violating Section 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. 91-291, eff. 1-1-00; 91-351, eff. 7-29-99;
91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-425, eff.
1-1-02; 92-454, eff. 1-1-02; revised 10-11-01.)
Section 10. The Clerks of Courts Act is amended by
changing Sections 27.5 and 27.6 as follows:
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section 5-5-6
of the Unified Code of Corrections, reimbursement for the
costs of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections, any fees collected
for attending a traffic safety program under paragraph (c) of
Supreme Court Rule 529, any fee collected on behalf of a
State's Attorney under Section 4-2002 of the Counties Code or
a sheriff under Section 4-5001 of the Counties Code, or any
cost imposed under Section 124A-5 of the Code of Criminal
Procedure of 1963, for convictions, orders of supervision, or
any other disposition for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as provided in subsection (b)
shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 47% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 12% shall be disbursed to the State Treasurer; and 41%
shall be disbursed to the county's general corporate fund.
Of the 12% disbursed to the State Treasurer, 1/6 shall be
deposited by the State Treasurer into the Violent Crime
Victims Assistance Fund, 1/2 shall be deposited into the
Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
be deposited into the Drivers Education Fund. For fiscal
years 1992 and 1993, amounts deposited into the Violent Crime
Victims Assistance Fund, the Traffic and Criminal Conviction
Surcharge Fund, or the Drivers Education Fund shall not
exceed 110% of the amounts deposited into those funds in
fiscal year 1991. Any amount that exceeds the 110% limit
shall be distributed as follows: 50% shall be disbursed to
the county's general corporate fund and 50% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case. Not later than March 1 of each year the
circuit clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this Section during the
preceding year based upon independent verification of fines
and fees. All counties shall be subject to this Section,
except that counties with a population under 2,000,000 may,
by ordinance, elect not to be subject to this Section. For
offenses subject to this Section, judges shall impose one
total sum of money payable for violations. The circuit clerk
may add on no additional amounts except for amounts that are
required by Sections 27.3a and 27.3c of this Act, unless
those amounts are specifically waived by the judge. With
respect to money collected by the circuit clerk as a result
of forfeiture of bail, ex parte judgment or guilty plea
pursuant to Supreme Court Rule 529, the circuit clerk shall
first deduct and pay amounts required by Sections 27.3a and
27.3c of this Act. This Section is a denial and limitation of
home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony
offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01,
4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the
Humane Care for Animals Act and Section 26-5 of the
Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and
Class B misdemeanors under Sections 3, 3.01, 4, 4.01,
4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the
Humane Care for Animals Act and Section 26-5 of the
Criminal Code of 1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane
Care for Animals Act and Section 26-5 of the Criminal
Code of 1961.
(1) 50% of amounts collected for Class 4 felonies
under subsection (a), paragraph (4) of subsection (b),
and paragraphs (6), (7), (8.5), and (9) of subsection (c)
of Section 16 of the Humane Care for Animals Act and
Class 3 felonies under paragraph (5) of subsection (c) of
Section 16 of that Act.
(2) 20% of amounts collected for Class A
misdemeanors under subsection (a), paragraph (4) of
subsection (b), and paragraphs (6) and (7) of subsection
(c) of Section 16 of the Humane Care for Animals Act and
Class B misdemeanors under paragraph (9) of subsection
(c) of Section 16 of that Act.
(3) 20% of amounts collected for Class B
misdemeanors under subsection (d) of Section 16 of the
Humane Care for Animals Act.
(4) 50% of amounts collected for Class C
misdemeanors under subsection (d) of Section 16 of the
Humane Care for Animals Act.
(Source: P.A. 92-454, eff. 1-1-02.)
(705 ILCS 105/27.6)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the additional fee required by
subsections (b) and (c), restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs
of an emergency response as provided under Section 5-5-3 of
the Unified Code of Corrections, any fees collected for
attending a traffic safety program under paragraph (c) of
Supreme Court Rule 529, any fee collected on behalf of a
State's Attorney under Section 4-2002 of the Counties Code or
a sheriff under Section 4-5001 of the Counties Code, or any
cost imposed under Section 124A-5 of the Code of Criminal
Procedure of 1963, for convictions, orders of supervision, or
any other disposition for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as provided in subsection (d)
shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited
into the Traffic and Criminal Conviction Surcharge Fund, 3/17
shall be deposited into the Drivers Education Fund, and
6.948/17 shall be deposited into the Trauma Center Fund. Of
the 6.948/17 deposited into the Trauma Center Fund from the
16.825% disbursed to the State Treasurer, 50% shall be
disbursed to the Department of Public Health and 50% shall be
disbursed to the Department of Public Aid. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction
Surcharge Fund, or the Drivers Education Fund shall not
exceed 110% of the amounts deposited into those funds in
fiscal year 1991. Any amount that exceeds the 110% limit
shall be distributed as follows: 50% shall be disbursed to
the county's general corporate fund and 50% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case. Not later than March 1 of each year the
circuit clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this Section during the
preceding year based upon independent verification of fines
and fees. All counties shall be subject to this Section,
except that counties with a population under 2,000,000 may,
by ordinance, elect not to be subject to this Section. For
offenses subject to this Section, judges shall impose one
total sum of money payable for violations. The circuit clerk
may add on no additional amounts except for amounts that are
required by Sections 27.3a and 27.3c of this Act, unless
those amounts are specifically waived by the judge. With
respect to money collected by the circuit clerk as a result
of forfeiture of bail, ex parte judgment or guilty plea
pursuant to Supreme Court Rule 529, the circuit clerk shall
first deduct and pay amounts required by Sections 27.3a and
27.3c of this Act. This Section is a denial and limitation
of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of
alcohol or drugs shall pay an additional fee of $100 to the
clerk of the circuit court. This amount, less 2 1/2% that
shall be used to defray administrative costs incurred by the
clerk, shall be remitted by the clerk to the Treasurer within
60 days after receipt for deposit into the Trauma Center
Fund. This additional fee of $100 shall not be considered a
part of the fine for purposes of any reduction in the fine
for time served either before or after sentencing. Not later
than March 1 of each year the Circuit Clerk shall submit a
report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of
alcohol or drugs shall pay an additional fee of $5 to the
clerk of the circuit court. This amount, less 2 1/2% that
shall be used to defray administrative costs incurred by the
clerk, shall be remitted by the clerk to the Treasurer within
60 days after receipt for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of
$5 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(c) In addition to any other fines and court costs
assessed by the courts, any person convicted for a violation
of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
1961 or a person sentenced for a violation of the Cannabis
Control Act or the Controlled Substance Act shall pay an
additional fee of $100 to the clerk of the circuit court.
This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt
for deposit into the Trauma Center Fund. This additional fee
of $100 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. Not later than March 1 of each
year the Circuit Clerk shall submit a report of the amount of
funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation
of the Cannabis Control Act or the Illinois Controlled
Substances Act shall pay an additional fee of $5 to the clerk
of the circuit court. This amount, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk,
shall be remitted by the clerk to the Treasurer within 60
days after receipt for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of
$5 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony
offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01,
4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the
Humane Care for Animals Act and Section 26-5 of the
Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and
Class B misdemeanors under Sections 3, 3.01, 4, 4.01,
4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the
Humane Care for Animals Act and Section 26-5 of the
Criminal Code of 1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane
Care for Animals Act and Section 26-5 of the Criminal
Code of 1961.
(1) 50% of amounts collected for Class 4 felonies
under subsection (a), paragraph (4) of subsection (b),
and paragraphs (6), (7), (8.5), and (9) of subsection (c)
of Section 16 of the Humane Care for Animals Act and
Class 3 felonies under paragraph (5) of subsection (c) of
Section 16 of that Act.
(2) 20% of amounts collected for Class A
misdemeanors under subsection (a), paragraph (4) of
subsection (b), and paragraphs (6) and (7) of subsection
(c) of Section 16 of the Humane Care for Animals Act and
Class B misdemeanors under paragraph (9) of subsection
(c) of Section 16 of that Act.
(3) 20% of amounts collected for Class B
misdemeanors under subsection (d) of Section 16 of the
Humane Care for Animals Act.
(4) 50% of amounts collected for Class C
misdemeanors under subsection (d) of Section 16 of the
Humane Care for Animals Act.
(Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02;
revised 10-11-01.)
Section 15. The Criminal Code of 1961 is amended by
changing Section 26-5 as follows:
(720 ILCS 5/26-5)
Sec. 26-5. Dog fighting. (For other provisions that may
apply to dog fighting, see the Humane Care for Animals Act.
For provisions similar to this Section that apply to animals
other than dogs, see in particular Section 4.01 of the Humane
Care for Animals Act.)
(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.
(c-5) No person may solicit a minor to violate this
Section.
(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) Penalties for violations of this Section shall be as
follows:
(1) Any person convicted of violating subsection
(a), (b), or (c) of this Section is guilty of a Class 4
felony for a first violation and a Class 3 felony for a
second or subsequent violation, and may be fined an
amount not to exceed $50,000.
(1.5) 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 and may be fined an amount not to exceed
$50,000, if the dog participates in a dogfight and 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.
(1.7) A person convicted of violating subsection
(c-5) of this Section is guilty of a Class A misdemeanor.
(2) Any person convicted of violating subsection
(d) or (e) of this Section is guilty of a Class A
misdemeanor for a first violation. A second or
subsequent violation of subsection (d) or (e) of this
Section is a Class 3 felony. 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
for a first violation. A second or subsequent violation
of subsection (g) of this Section is a Class B
misdemeanor.
(j) Any dog or equipment involved in a violation of this
Section shall be immediately seized and impounded under
Section 12 of the Humane Care for Animals Act when located at
any show, exhibition, program, or other activity featuring or
otherwise involving a dog fight for the purposes of sport,
wagering, or entertainment.
(k) 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.
(l) Any veterinarian in this State who is presented with
a dog for treatment of injuries or wounds resulting from
fighting where there is a reasonable possibility that the dog
was engaged in or utilized for a fighting event for the
purposes of sport, wagering, or entertainment shall file a
report with the Department of Agriculture and cooperate by
furnishing the owners' names, dates, and descriptions of the
dog or dogs 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.
(m) In addition to any other penalty provided by law,
upon conviction for violating this Section, the court 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
dog or other animal for a period of time that the court deems
reasonable.
(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.
(Source: P.A. 92-425, eff. 1-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
510 ILCS 70/3 from Ch. 8, par. 703
510 ILCS 70/3.01 from Ch. 8, par. 703.01
510 ILCS 70/3.02
510 ILCS 70/3.03
510 ILCS 70/3.04
510 ILCS 70/3.05
510 ILCS 70/4 from Ch. 8, par. 704
510 ILCS 70/4.01 from Ch. 8, par. 704.01
510 ILCS 70/4.02 from Ch. 8, par. 704.02
510 ILCS 70/4.03 from Ch. 8, par. 704.03
510 ILCS 70/4.04 from Ch. 8, par. 704.04
510 ILCS 70/5 from Ch. 8, par. 705
510 ILCS 70/5.01
510 ILCS 70/6 from Ch. 8, par. 706
510 ILCS 70/7 from Ch. 8, par. 707
510 ILCS 70/7.1 from Ch. 8, par. 707.1
510 ILCS 70/7.5
510 ILCS 70/7.15
510 ILCS 70/16 from Ch. 8, par. 716
705 ILCS 105/27.5 from Ch. 25, par. 27.5
705 ILCS 105/27.6
720 ILCS 5/26-5
Passed in the General Assembly April 23, 2002.
Approved July 11, 2002.
Effective July 11, 2002.
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