100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5681

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/33G-3
720 ILCS 5/48-1  was 720 ILCS 5/26-5

    Amends the Criminal Code of 2012. Includes as a predicate offense under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law (or "RICO") a Class 2 felony or higher violation of the dog fighting statute. Increases the penalties for dog fighting by one class.


LRB100 18551 RLC 33769 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5681LRB100 18551 RLC 33769 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 33G-3 and 48-1 as follows:
 
6    (720 ILCS 5/33G-3)
7    (Section scheduled to be repealed on June 11, 2022)
8    Sec. 33G-3. Definitions. As used in this Article:
9    (a) "Another state" means any State of the United States
10(other than the State of Illinois), or the District of
11Columbia, or the Commonwealth of Puerto Rico, or any territory
12or possession of the United States, or any political
13subdivision, or any department, agency, or instrumentality
14thereof.
15    (b) "Enterprise" includes:
16        (1) any partnership, corporation, association,
17    business or charitable trust, or other legal entity; and
18        (2) any group of individuals or other legal entities,
19    or any combination thereof, associated in fact although not
20    itself a legal entity. An association in fact must be held
21    together by a common purpose of engaging in a course of
22    conduct, and it may be associated together for purposes
23    that are both legal and illegal. An association in fact

 

 

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1    must:
2            (A) have an ongoing organization or structure,
3        either formal or informal;
4            (B) the various members of the group must function
5        as a continuing unit, even if the group changes
6        membership by gaining or losing members over time; and
7            (C) have an ascertainable structure distinct from
8        that inherent in the conduct of a pattern of predicate
9        activity.
10    As used in this Article, "enterprise" includes licit and
11illicit enterprises.
12    (c) "Labor organization" includes any organization, labor
13union, craft union, or any voluntary unincorporated
14association designed to further the cause of the rights of
15union labor that is constituted for the purpose, in whole or in
16part, of collective bargaining or of dealing with employers
17concerning grievances, terms or conditions of employment, or
18apprenticeships or applications for apprenticeships, or of
19other mutual aid or protection in connection with employment,
20including apprenticeships or applications for apprenticeships.
21    (d) "Operation or management" means directing or carrying
22out the enterprise's affairs and is limited to any person who
23knowingly serves as a leader, organizer, operator, manager,
24director, supervisor, financier, advisor, recruiter, supplier,
25or enforcer of an enterprise in violation of this Article.
26    (e) "Predicate activity" means any act that is a Class 2

 

 

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1felony or higher and constitutes a violation or violations of
2any of the following provisions of the laws of the State of
3Illinois (as amended or revised as of the date the activity
4occurred or, in the instance of a continuing offense, the date
5that charges under this Article are filed in a particular
6matter in the State of Illinois) or any act under the law of
7another jurisdiction for an offense that could be charged as a
8Class 2 felony or higher in this State:
9        (1) under the Criminal Code of 1961 or the Criminal
10    Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
11    (first degree murder), 9-3.3 (drug-induced homicide), 10-1
12    (kidnapping), 10-2 (aggravated kidnapping), 10-3.1
13    (aggravated unlawful restraint), 10-4 (forcible
14    detention), 10-5(b)(10) (child abduction), 10-9
15    (trafficking in persons, involuntary servitude, and
16    related offenses), 11-1.20 (criminal sexual assault),
17    11-1.30 (aggravated criminal sexual assault), 11-1.40
18    (predatory criminal sexual assault of a child), 11-1.60
19    (aggravated criminal sexual abuse), 11-6 (indecent
20    solicitation of a child), 11-6.5 (indecent solicitation of
21    an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
22    prostitution), 11-14.4 (promoting juvenile prostitution),
23    11-18.1 (patronizing a minor engaged in prostitution;
24    patronizing a juvenile prostitute), 12-3.05 (aggravated
25    battery), 12-6.4 (criminal street gang recruitment),
26    12-6.5 (compelling organization membership of persons),

 

 

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1    12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5
2    (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or
3    18-6 (vehicular invasion), 18-1 (robbery; aggravated
4    robbery), 18-2 (armed robbery), 18-3 (vehicular
5    hijacking), 18-4 (aggravated vehicular hijacking), 18-5
6    (aggravated robbery), 19-1 (burglary), 19-3 (residential
7    burglary), 20-1 (arson; residential arson; place of
8    worship arson), 20-1.1 (aggravated arson), 20-1.2
9    (residential arson), 20-1.3 (place of worship arson),
10    24-1.2 (aggravated discharge of a firearm), 24-1.2-5
11    (aggravated discharge of a machine gun or silencer equipped
12    firearm), 24-1.8 (unlawful possession of a firearm by a
13    street gang member), 24-3.2 (unlawful discharge of firearm
14    projectiles), 24-3.9 (aggravated possession of a stolen
15    firearm), 24-3A (gunrunning), 26-5 or 48-1 (dog-fighting),
16    29D-14.9 (terrorism), 29D-15 (soliciting support for
17    terrorism), 29D-15.1 (causing a catastrophe), 29D-15.2
18    (possession of a deadly substance), 29D-20 (making a
19    terrorist threat), 29D-25 (falsely making a terrorist
20    threat), 29D-29.9 (material support for terrorism), 29D-35
21    (hindering prosecution of terrorism), 31A-1.2
22    (unauthorized contraband in a penal institution), or 33A-3
23    (armed violence), or 48-1 (dog fighting);
24        (2) under the Cannabis Control Act: Sections 5
25    (manufacture or delivery of cannabis), 5.1 (cannabis
26    trafficking), or 8 (production or possession of cannabis

 

 

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1    plants), provided the offense either involves more than 500
2    grams of any substance containing cannabis or involves more
3    than 50 cannabis sativa plants;
4        (3) under the Illinois Controlled Substances Act:
5    Sections 401 (manufacture or delivery of a controlled
6    substance), 401.1 (controlled substance trafficking), 405
7    (calculated criminal drug conspiracy), or 405.2 (street
8    gang criminal drug conspiracy); or
9        (4) under the Methamphetamine Control and Community
10    Protection Act: Sections 15 (methamphetamine
11    manufacturing), or 55 (methamphetamine delivery).
12    (f) "Pattern of predicate activity" means:
13        (1) at least 3 occurrences of predicate activity that
14    are in some way related to each other and that have
15    continuity between them, and that are separate acts. Acts
16    are related to each other if they are not isolated events,
17    including if they have similar purposes, or results, or
18    participants, or victims, or are committed a similar way,
19    or have other similar distinguishing characteristics, or
20    are part of the affairs of the same enterprise. There is
21    continuity between acts if they are ongoing over a
22    substantial period, or if they are part of the regular way
23    some entity does business or conducts its affairs; and
24        (2) which occurs after the effective date of this
25    Article, and the last of which falls within 3 years
26    (excluding any period of imprisonment) after the first

 

 

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1    occurrence of predicate activity.
2    (g) "Unlawful death" includes the following offenses:
3under the Code of 1961 or the Criminal Code of 2012: Sections
49-1 (first degree murder) or 9-2 (second degree murder).
5(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
 
6    (720 ILCS 5/48-1)   (was 720 ILCS 5/26-5)
7    Sec. 48-1. Dog fighting. (For other provisions that may
8apply to dog fighting, see the Humane Care for Animals Act. For
9provisions similar to this Section that apply to animals other
10than dogs, see in particular Section 4.01 of the Humane Care
11for Animals Act.)
12    (a) No person may own, capture, breed, train, or lease any
13dog which he or she knows is intended for use in any show,
14exhibition, program, or other activity featuring or otherwise
15involving a fight between the dog and any other animal or
16human, or the intentional killing of any dog for the purpose of
17sport, wagering, or entertainment.
18    (b) No person may promote, conduct, carry on, advertise,
19collect money for or in any other manner assist or aid in the
20presentation for purposes of sport, wagering, or entertainment
21of any show, exhibition, program, or other activity involving a
22fight between 2 or more dogs or any dog and human, or the
23intentional killing of any dog.
24    (c) No person may sell or offer for sale, ship, transport,
25or otherwise move, or deliver or receive any dog which he or

 

 

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1she knows has been captured, bred, or trained, or will be used,
2to fight another dog or human or be intentionally killed for
3purposes of sport, wagering, or entertainment.
4    (c-5) No person may solicit a minor to violate this
5Section.
6    (d) No person may manufacture for sale, shipment,
7transportation, or delivery any device or equipment which he or
8she knows or should know is intended for use in any show,
9exhibition, program, or other activity featuring or otherwise
10involving a fight between 2 or more dogs, or any human and dog,
11or the intentional killing of any dog for purposes of sport,
12wagering, or entertainment.
13    (e) No person may own, possess, sell or offer for sale,
14ship, transport, or otherwise move any equipment or device
15which he or she knows or should know is intended for use in
16connection with any show, exhibition, program, or activity
17featuring or otherwise involving a fight between 2 or more
18dogs, or any dog and human, or the intentional killing of any
19dog for purposes of sport, wagering or entertainment.
20    (f) No person may knowingly make available any site,
21structure, or facility, whether enclosed or not, that he or she
22knows is intended to be used for the purpose of conducting any
23show, exhibition, program, or other activity involving a fight
24between 2 or more dogs, or any dog and human, or the
25intentional killing of any dog or knowingly manufacture,
26distribute, or deliver fittings to be used in a fight between 2

 

 

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1or more dogs or a dog and human.
2    (g) No person may knowingly attend or otherwise patronize
3any show, exhibition, program, or other activity featuring or
4otherwise involving a fight between 2 or more dogs, or any dog
5and human, or the intentional killing of any dog for purposes
6of sport, wagering, or entertainment.
7    (h) No person may tie or attach or fasten any live animal
8to any machine or device propelled by any power for the purpose
9of causing the animal to be pursued by a dog or dogs. This
10subsection (h) applies only when the dog is intended to be used
11in a dog fight.
12    (i) Sentence.
13        (1) Any person convicted of violating subsection (a),
14    (b), (c), or (h) of this Section is guilty of a Class 3 4
15    felony for a first violation and a Class 2 3 felony for a
16    second or subsequent violation, and may be fined an amount
17    not to exceed $50,000.
18        (1.5) A person who knowingly owns a dog for fighting
19    purposes or for producing a fight between 2 or more dogs or
20    a dog and human or who knowingly offers for sale or sells a
21    dog bred for fighting is guilty of a Class 2 3 felony and
22    may be fined an amount not to exceed $50,000, if the dog
23    participates in a dogfight and any of the following factors
24    is present:
25            (i) the dogfight is performed in the presence of a
26        person under 18 years of age;

 

 

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1            (ii) the dogfight is performed for the purpose of
2        or in the presence of illegal wagering activity; or
3            (iii) the dogfight is performed in furtherance of
4        streetgang related activity as defined in Section 10 of
5        the Illinois Streetgang Terrorism Omnibus Prevention
6        Act.
7        (1.7) A person convicted of violating subsection (c-5)
8    of this Section is guilty of a Class 3 4 felony.
9        (2) Any person convicted of violating subsection (d) or
10    (e) of this Section is guilty of a Class 3 4 felony for a
11    first violation. A second or subsequent violation of
12    subsection (d) or (e) of this Section is a Class 2 3
13    felony.
14        (2.5) Any person convicted of violating subsection (f)
15    of this Section is guilty of a Class 3 4 felony. Any person
16    convicted of violating subsection (f) of this Section in
17    which the site, structure, or facility made available to
18    violate subsection (f) is located within 1,000 feet of a
19    school, public park, playground, child care institution,
20    day care center, part day child care facility, day care
21    home, group day care home, or a facility providing programs
22    or services exclusively directed toward persons under 18
23    years of age is guilty of a Class 2 3 felony for a first
24    violation and a Class 1 2 felony for a second or subsequent
25    violation.
26        (3) Any person convicted of violating subsection (g) of

 

 

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1    this Section is guilty of a Class 3 4 felony for a first
2    violation. A second or subsequent violation of subsection
3    (g) of this Section is a Class 2 3 felony. If a person
4    under 13 years of age is present at any show, exhibition,
5    program, or other activity prohibited in subsection (g),
6    the parent, legal guardian, or other person who is 18 years
7    of age or older who brings that person under 13 years of
8    age to that show, exhibition, program, or other activity is
9    guilty of a Class 2 3 felony for a first violation and a
10    Class 1 2 felony for a second or subsequent violation.
11    (i-5) A person who commits a felony violation of this
12Section is subject to the property forfeiture provisions set
13forth in Article 124B of the Code of Criminal Procedure of
141963.
15    (j) Any dog or equipment involved in a violation of this
16Section shall be immediately seized and impounded under Section
1712 of the Humane Care for Animals Act when located at any show,
18exhibition, program, or other activity featuring or otherwise
19involving a dog fight for the purposes of sport, wagering, or
20entertainment.
21    (k) Any vehicle or conveyance other than a common carrier
22that is used in violation of this Section shall be seized,
23held, and offered for sale at public auction by the sheriff's
24department of the proper jurisdiction, and the proceeds from
25the sale shall be remitted to the general fund of the county
26where the violation took place.

 

 

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1    (l) Any veterinarian in this State who is presented with a
2dog for treatment of injuries or wounds resulting from fighting
3where there is a reasonable possibility that the dog was
4engaged in or utilized for a fighting event for the purposes of
5sport, wagering, or entertainment shall file a report with the
6Department of Agriculture and cooperate by furnishing the
7owners' names, dates, and descriptions of the dog or dogs
8involved. Any veterinarian who in good faith complies with the
9requirements of this subsection has immunity from any
10liability, civil, criminal, or otherwise, that may result from
11his or her actions. For the purposes of any proceedings, civil
12or criminal, the good faith of the veterinarian shall be
13rebuttably presumed.
14    (m) In addition to any other penalty provided by law, upon
15conviction for violating this Section, the court may order that
16the convicted person and persons dwelling in the same household
17as the convicted person who conspired, aided, or abetted in the
18unlawful act that was the basis of the conviction, or who knew
19or should have known of the unlawful act, may not own, harbor,
20or have custody or control of any dog or other animal for a
21period of time that the court deems reasonable.
22    (n) A violation of subsection (a) of this Section may be
23inferred from evidence that the accused possessed any device or
24equipment described in subsection (d), (e), or (h) of this
25Section, and also possessed any dog.
26    (o) When no longer required for investigations or court

 

 

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1proceedings relating to the events described or depicted
2therein, evidence relating to convictions for violations of
3this Section shall be retained and made available for use in
4training peace officers in detecting and identifying
5violations of this Section. Such evidence shall be made
6available upon request to other law enforcement agencies and to
7schools certified under the Illinois Police Training Act.
8    (p) For the purposes of this Section, "school" has the
9meaning ascribed to it in Section 11-9.3 of this Code; and
10"public park", "playground", "child care institution", "day
11care center", "part day child care facility", "day care home",
12"group day care home", and "facility providing programs or
13services exclusively directed toward persons under 18 years of
14age" have the meanings ascribed to them in Section 11-9.4 of
15this Code.
16(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
1796-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff.
181-1-13.)