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Public Act 91-0351
SB374 Enrolled LRB9102498DHmg
AN ACT concerning animal torture.
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 and adding Section 3.03 as follows:
(510 ILCS 70/3.03 new)
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.
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Violations; punishment; injunctions.
(a) Any person convicted of violating Sections 5, 5.01,
or 6 of this Act or any rule, regulation, or order of the
Department pursuant thereto, is guilty of a Class C
misdemeanor.
(b)(1) This subsection (b) does not apply where the
only animals involved in the violation are dogs.
(2) Any person convicted of violating subsection
(a), (b), (c) or (h) of Section 4.01 of this Act or any
rule, regulation, or order of the Department pursuant
thereto, is guilty of a Class A misdemeanor.
(3) A second or subsequent offense involving the
violation of subsection (a), (b) or (c) of Section 4.01
of this Act or any rule, regulation, or order of the
Department pursuant thereto is a Class 4 felony.
(4) Any person convicted of violating subsection
(d), (e) or (f) of Section 4.01 of this Act or any rule,
regulation, or order of the Department pursuant thereto,
is guilty of a Class B misdemeanor.
(5) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation,
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(c)(1) This subsection (c) applies exclusively
where the only animals involved in the violation are
dogs.
(2) Any person convicted of violating subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of a Class 4 felony and may be fined an amount not
to exceed $50,000.
(3) 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 Class A misdemeanor, if such person knew or
should have known that the device or equipment under
subsection (d) or (e) of that Section or the site,
structure or facility under subsection (f) of that
Section was to be used to carry out a violation where the
only animals involved were dogs. Where such person did
not know or should not reasonably have been expected to
know that the only animals involved in the violation were
dogs, the penalty shall be same as that provided for in
paragraph (4) of subsection (b).
(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), (e) or (f) of Section 4.01 of this Act or
any rule, regulation or order of the Department adopted
pursuant thereto is a Class 3 felony, if in each
violation the person knew or should have known that the
device or equipment under subsection (d) or (e) of that
Section or the site, structure or facility under
subsection (f) of that Section was to be used to carry
out a violation where the only animals involved were
dogs. Where such person did not know or should not
reasonably have been expected to know that the only
animals involved in the violation were dogs, a second or
subsequent violation of subsection (d), (e) or (f) of
Section 4.01 of this Act or any rule, regulation or order
of the Department adopted pursuant thereto is a Class A
misdemeanor. A second or subsequent violation of
subsection (g) is a Class B misdemeanor.
(6) Any person convicted of violating Section 3.01
of this Act is guilty of a Class C misdemeanor. A second
conviction for a violation of Section 3.01 is a Class B
misdemeanor. A third or subsequent conviction for a
violation of Section 3.01 is a Class A misdemeanor.
(7) Any person convicted of violating Section 4.03
is guilty of a Class B misdemeanor.
(8) Any person convicted of violating Section 4.04
is guilty of a Class A misdemeanor where the animal is
not killed or totally disabled, but if the animal is
killed or totally disabled such person shall be guilty of
a Class 4 felony.
(8.5) A person convicted of violating subsection
(a) of Section 7.15 is guilty of a Class B misdemeanor.
A person convicted of violating subsection (b) or (c) of
Section 7.15 is (i) guilty of a Class A misdemeanor if
the dog is not killed or totally disabled and (ii) if the
dog is killed or totally disabled, guilty of a Class 4
felony and may be ordered by the court to make
restitution to the disabled person having custody or
ownership of the dog for veterinary bills and replacement
costs of the dog.
(9) Any person convicted of violating any other
provision of this Act, or any rule, regulation, or order
of the Department pursuant thereto, is guilty of a Class
C misdemeanor with every day that a violation continues
constituting a separate offense.
(d) Any person convicted of violating Section 7.1 is
guilty of a petty offense. A second or subsequent conviction
for a violation of Section 7.1 is a Class C misdemeanor.
(e) Any person convicted of violating Section 3.02 is
guilty of a Class A misdemeanor.
(f) The Department may enjoin a person from a continuing
violation of this Act.
(g) Any person convicted of violating Section 3.03 is
guilty of a Class 4 felony. A second or subsequent offense
is a Class 3 felony. As a condition of the sentence imposed
under this Section, the court shall order the offender to
undergo a psychological or psychiatric evaluation and to
undergo treatment that the court determines to be appropriate
after due consideration of the evaluation.
(Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)
Section 99. This Act takes effect upon becoming law.
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