State of Illinois
91st General Assembly
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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB0374eng

 
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 1        AN ACT concerning animal torture.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Humane Care for Animals Act is amended by
 5    changing Section 16 and adding Section 3.03 as follows:

 6        (510 ILCS 70/3.03 new)
 7        Sec. 3.03.  Animal torture.
 8        (a)  A person commits animal  torture  when  that  person
 9    without   legal   justification  knowingly  or  intentionally
10    tortures an  animal.   For  purposes  of  this  Section,  and
11    subject  to  subsection (b), "torture" means infliction of or
12    subjection to extreme physical pain, motivated by  an  intent
13    to  increase  or prolong the pain, suffering, or agony of the
14    animal.
15        (b)  For the purposes of this Section,  "animal  torture"
16    does  not  include  any  death, harm, or injury caused to any
17    animal by any of the following activities:
18             (1)  any  hunting,  fishing,  trapping,   or   other
19        activity  allowed  under  the Wildlife Code, the Wildlife
20        Habitat Management Areas Act, or  the  Fish  and  Aquatic
21        Life Code;
22             (2)  any  alteration  or  destruction  of any animal
23        done by any person or  unit  of  government  pursuant  to
24        statute,  ordinance,  court  order, or the direction of a
25        licensed veterinarian;
26             (3)  any alteration or destruction of any animal  by
27        any person for any legitimate purpose, including, but not
28        limited  to:  castration,  culling, declawing, defanging,
29        ear cropping, euthanasia, gelding,  grooming,  neutering,
30        polling,  shearing,  shoeing, slaughtering, spaying, tail
31        docking, and vivisection; and

 
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 1             (4)  any other activity that may be lawfully done to
 2        an animal.

 3        (510 ILCS 70/16) (from Ch. 8, par. 716)
 4        Sec. 16.  Violations; punishment; injunctions.
 5        (a)  Any person convicted of violating Sections 5,  5.01,
 6    or  6  of  this Act  or any rule, regulation, or order of the
 7    Department  pursuant  thereto,  is  guilty  of  a   Class   C
 8    misdemeanor.
 9             (b)(1)  This subsection (b) does not apply where the
10        only animals involved in the violation are dogs.
11             (2)  Any  person  convicted  of violating subsection
12        (a), (b), (c) or (h) of Section 4.01 of this Act  or  any
13        rule,  regulation,  or  order  of the Department pursuant
14        thereto, is guilty of a Class A misdemeanor.
15             (3)  A second or subsequent  offense  involving  the
16        violation  of  subsection (a), (b) or (c) of Section 4.01
17        of this Act or any rule,  regulation,  or  order  of  the
18        Department pursuant thereto is a Class 4 felony.
19             (4)  Any  person  convicted  of violating subsection
20        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
21        regulation,  or order of the Department pursuant thereto,
22        is guilty of a Class B misdemeanor.
23             (5)  Any person convicted  of  violating  subsection
24        (g)  of Section 4.01 of this Act or any rule, regulation,
25        or order of the Department pursuant thereto is guilty  of
26        a Class C misdemeanor.
27             (c)(1)  This   subsection  (c)  applies  exclusively
28        where the only animals  involved  in  the  violation  are
29        dogs.
30             (2)  Any  person  convicted  of violating subsection
31        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
32        regulation or order of the Department pursuant thereto is
33        guilty of a Class 4 felony and may be fined an amount not
 
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 1        to exceed $50,000.
 2             (3)  Any  person  convicted  of violating subsection
 3        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
 4        regulation or order of the Department pursuant thereto is
 5        guilty  of  Class  A  misdemeanor, if such person knew or
 6        should have known that  the  device  or  equipment  under
 7        subsection  (d)  or  (e)  of  that  Section  or the site,
 8        structure  or  facility  under  subsection  (f)  of  that
 9        Section was to be used to carry out a violation where the
10        only animals involved were dogs.  Where such  person  did
11        not  know  or should not reasonably have been expected to
12        know that the only animals involved in the violation were
13        dogs, the penalty shall be same as that provided  for  in
14        paragraph (4) of subsection (b).
15             (4)  Any  person  convicted  of violating subsection
16        (g) of Section 4.01 of this Act or any  rule,  regulation
17        or order of the Department pursuant thereto is  guilty of
18        a Class C misdemeanor.
19             (5)  A  second or subsequent violation of subsection
20        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
21        regulation or order of the Department pursuant thereto is
22        a  Class  3  felony.  A second or subsequent violation of
23        subsection (d), (e) or (f) of Section 4.01 of this Act or
24        any rule, regulation or order of the  Department  adopted
25        pursuant  thereto  is  a  Class  3  felony,  if  in  each
26        violation  the  person knew or should have known that the
27        device or equipment under subsection (d) or (e)  of  that
28        Section   or   the  site,  structure  or  facility  under
29        subsection (f) of that Section was to be  used  to  carry
30        out  a  violation  where  the  only animals involved were
31        dogs.  Where such person  did  not  know  or  should  not
32        reasonably  have  been  expected  to  know  that the only
33        animals involved in the violation were dogs, a second  or
34        subsequent  violation  of  subsection  (d), (e) or (f) of
 
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 1        Section 4.01 of this Act or any rule, regulation or order
 2        of the Department adopted pursuant thereto is a  Class  A
 3        misdemeanor.    A   second  or  subsequent  violation  of
 4        subsection (g) is a Class B misdemeanor.
 5             (6)  Any person convicted of violating Section  3.01
 6        of this Act is guilty of a Class C misdemeanor.  A second
 7        conviction  for  a violation of Section 3.01 is a Class B
 8        misdemeanor.  A third  or  subsequent  conviction  for  a
 9        violation of Section 3.01 is a Class  A misdemeanor.
10             (7)  Any  person convicted of violating Section 4.03
11        is guilty of a Class B misdemeanor.
12             (8)  Any person convicted of violating Section  4.04
13        is  guilty  of  a Class A misdemeanor where the animal is
14        not killed or totally disabled,  but  if  the  animal  is
15        killed or totally disabled such person shall be guilty of
16        a Class 4 felony.
17             (8.5)  A  person  convicted  of violating subsection
18        (a) of Section 7.15 is guilty of a Class  B  misdemeanor.
19        A  person convicted of violating subsection (b) or (c) of
20        Section 7.15 is (i) guilty of a Class  A  misdemeanor  if
21        the dog is not killed or totally disabled and (ii) if the
22        dog  is  killed  or totally disabled, guilty of a Class 4
23        felony  and  may  be  ordered  by  the  court   to   make
24        restitution  to  the  disabled  person  having custody or
25        ownership of the dog for veterinary bills and replacement
26        costs of the dog.
27             (9)  Any person convicted  of  violating  any  other
28        provision  of this Act, or any rule, regulation, or order
29        of the Department pursuant thereto, is guilty of a  Class
30        C  misdemeanor  with every day that a violation continues
31        constituting a separate offense.
32        (d)  Any person convicted of  violating  Section  7.1  is
33    guilty of a petty offense.  A second or subsequent conviction
34    for a violation of Section 7.1 is a Class C misdemeanor.
 
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 1        (e)  Any  person  convicted  of violating Section 3.02 is
 2    guilty of a Class A misdemeanor.
 3        (f)  The Department may enjoin a person from a continuing
 4    violation of this Act.
 5        (g)  Any person convicted of violating  Section  3.03  is
 6    guilty  of  a Class 4 felony.  A second or subsequent offense
 7    is a Class 3 felony.  As a condition of the sentence  imposed
 8    under  this  Section,  the  court shall order the offender to
 9    undergo a psychological  or  psychiatric  evaluation  and  to
10    undergo treatment that the court determines to be appropriate
11    after due consideration of the evaluation.
12    (Source:  P.A.  89-455,  eff. 5-20-96; 89-689, eff. 12-31-96;
13    90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)

14        Section 99.  This Act takes effect upon becoming law.

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