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Public Act 92-0723
HB5639 Enrolled LRB9214907REsb
AN ACT concerning police 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 Section 16 as follows:
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Violations; punishment; injunctions.
(a) 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)(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 4 felony 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 3 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.
(9) Any person convicted of any other act of abuse
or neglect or of violating any other provision of this
Act, 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.
(d) 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) 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) 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) 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 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.)
Passed in the General Assembly May 08, 2002.
Approved July 25, 2002.
Effective January 01, 2003.
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