[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0454
SB629 Enrolled LRB9208026ARsb
AN ACT concerning 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 2.01a, 2.07, 4.01, 4.02, 4.03, 4.04, 10,
12, and 16 and by adding Sections 2.01b, 2.01c, 2.01d, 2.01e,
2.01f, 2.01g, 2.01h, 2.09, 2.10, 3.04, 3.05, 3.06, 3.07,
16.1, 16.2, 16.3, and 16.4 as follows:
(510 ILCS 70/2.01a)
Sec. 2.01a. Companion animal. "Companion animal" means
an animal that is commonly considered to be, or is considered
by the owner to be to be used as, a pet. "Companion animal"
includes, but is not limited to, canines, felines, and
equines.
(Source: P.A. 88-600, eff. 9-1-94.)
(510 ILCS 70/2.01b new)
Sec. 2.01b. Exigent circumstances. "Exigent
circumstances" means a licensed veterinarian cannot be
secured without undue delay and, in the opinion of the animal
control warden, animal control administrator, Department of
Agriculture investigator, approved humane investigator, or
animal shelter employee, the animal is so severely injured,
diseased, or suffering that it is unfit for any useful
purpose and to delay humane euthanasia would continue to
cause the animal extreme suffering.
(510 ILCS 70/2.01c new)
Sec. 2.01c. Service animal. "Service animal" means an
animal trained in obedience and task skills to meet the needs
of a disabled person.
(510 ILCS 70/2.01d new)
Sec. 2.01d. Search and rescue dog. "Search and rescue
dog" means any dog that is trained or is certified to locate
persons lost on land or in water.
(510 ILCS 70/2.01e new)
Sec. 2.01e. Animal Control Administrator. "Animal
Control Administrator" means a veterinarian licensed by the
State of Illinois and appointed pursuant to the Animal
Control Act, or his duly authorized representative.
(510 ILCS 70/2.01f new)
Sec. 2.01f. Animal control facility. "Animal control
facility" means any facility operated by or under contract
for the State, county, or any municipal corporation or
political subdivision of the State for the purpose of
impounding or harboring seized, stray, homeless, abandoned or
unwanted dogs, cats, and other animals.
(510 ILCS 70/2.01g new)
Sec. 2.01g. Animal Control Warden. "Animal Control
Warden" means any person appointed by the Administrator and
approved by the Board to perform duties as assigned by the
Administrator to effectuate the Animal Control Act.
(510 ILCS 70/2.01h new)
Sec. 2.01h. Animal shelter. "Animal shelter" means a
facility operated, owned, or maintained by a duly
incorporated humane society, animal welfare society, or other
non-profit organization for the purpose of providing for and
promoting the welfare, protection, and humane treatment of
animals. "Animal shelter" also means any veterinary hospital
or clinic operated by a veterinarian or veterinarians
licensed under the Veterinary Medicine and Surgery Practice
Act of 1994 which operates for the above mentioned purpose in
addition to its customary purposes.
(510 ILCS 70/2.07) (from Ch. 8, par. 702.07)
Sec. 2.07. Person. "Person" means any individual,
minor, firm, corporation, partnership, other business unit,
society, association, or other legal entity, any public or
private institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
(Source: P.A. 78-905.)
(510 ILCS 70/2.09 new)
Sec. 2.09. Humanely euthanized. "Humanely euthanized"
means the painless administration of a lethal dose of an
agent or method of euthanasia as prescribed in the Report of
the American Veterinary Medical Association Panel on
Euthanasia published in the Journal of the American
Veterinary Medical Association, March 1, 2001 (or any
successor version of that Report), that causes the painless
death of an animal. Animals must be handled prior to
administration of the agent or method of euthanasia in a
manner to avoid undue apprehension by the animal.
(510 ILCS 70/2.10 new)
Sec. 2.10. Companion animal hoarder. "Companion animal
hoarder" means a person who (i) possesses a large number of
companion animals; (ii) fails to or is unable to provide what
he or she is required to provide under Section 3 of this Act;
(iii) keeps the companion animals in a severely overcrowded
environment; and (iv) displays an inability to recognize or
understand the nature of or has a reckless disregard for the
conditions under which the companion animals are living and
the deleterious impact they have on the companion animals'
and owner's health and well-being.
(510 ILCS 70/3.04 new)
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.
(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.
(510 ILCS 70/3.05 new)
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 pursuant
to Section 4.01, 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.
(510 ILCS 70/3.06 new)
Sec. 3.06. Disposition of seized companion animals and
animals used for fighting purposes.
(a) Upon the conviction of the person charged, all
animals seized, if not previously ordered forfeited or
previously forfeited by operation of law, are forfeited to
the facility impounding the animals and must be humanely
euthanized or adopted. Any outstanding costs incurred by the
impounding facility for boarding and treating the animals
pending the disposition of the case and any costs incurred in
disposing of the animals must be borne by the person
convicted.
(b) Any person authorized by this Section to care for an
animal or animals, to treat an animal or animals, or to
attempt to restore an animal or animals 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.
(c) The provisions of this Section only pertain to
companion animals and animals used for fighting purposes.
(510 ILCS 70/3.07 new)
Sec. 3.07. Veterinarian reports; humane euthanasia. Any
veterinarian in this State who observes or is presented with
an animal or animals for the treatment of aggravated cruelty
under Section 3.02 or torture under Section 3.03 of this Act
must file a report with the Department and cooperate with the
Department by furnishing the owner's name, the date of
receipt of the animal or animals and any treatment
administered, and a description of the animal or animals
involved, including a microchip number if applicable. Any
veterinarian who in good faith makes a report, as required by
this Section, 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
presumed.
An animal control warden, animal control administrator,
approved humane investigator, or animal shelter employee may
humanely euthanize severely injured, diseased, or suffering
animals in exigent circumstances.
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
Sec. 4.01. 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 sport, wagering or entertainment.
(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.
(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) 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.
(Source: P.A. 87-819.)
(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 dogs under Section 4.01 of this
Act shall lawfully take possession of all dogs 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. When a law
enforcement officer has taken Such officer, after taking
possession of such dogs, 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 such 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 dogs were seized
and if known, and that the affiant has reason to believe and
does believe, stating the ground of the such belief, that the
dogs and property so taken were was used or employed, or were
was about to be used or employed, in a such violation of
Section 4.01 of this Act. 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 dogs that are severely injured.
An owner whose dogs are removed for a violation of
Section 4.01 of this Act 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 dogs were
seized, delivered by registered mail to his or her last known
address.
The animal control or animal shelter having custody of
the dogs may file a petition with the court requesting that
the person from whom the dogs were seized or the owner of the
dogs be ordered to post security pursuant to Section 3.05 of
this Act, which shall, by order, place the same in custody of
an officer or other proper person named and designated in
such order, to be kept by him until the conviction or final
discharge of such person complained against, and shall send a
copy of such order without delay to the State's attorney of
the county and the Department. The officer or person so
named and designated in such order shall immediately
thereupon assume the custody of such property and shall
retain the same, subject to the order of the court before
which such person so complained against may be required to
appear for trial.
Upon the conviction of the person so charged, all 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 dogs pending the disposition of the
case and disposing of the dogs upon a conviction must be
borne by the person convicted and shall thereupon be
destroyed or otherwise disposed of as the court may order.
In no event may the 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 that the dogs were used in fighting, the court
must direct the delivery of the dogs and the other property
not previously forfeited to the owner of the dogs and
property.
Any person authorized by this Section to care for a dog,
to treat a dog, or to attempt to restore 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
dog in exigent circumstances In the event of the acquittal or
final discharge without conviction of the person so charged
such court shall , on demand, direct the delivery of such
property so held in custody to the owner thereof.
(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, dates 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 shall have immunity from any liability, civil,
criminal, or that otherwise, resulting from his or her might
result by reason of such actions. For the purposes of any
proceedings, civil or criminal, the good faith of any such
veterinarian shall be presumed.
(Source: P.A. 84-723.)
(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; or to interfere or meddle with (i) any such
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.
(Source: P.A. 90-80, eff. 7-10-97.)
(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.
(Source: P.A. 90-80, eff. 7-10-97; 91-357, eff. 7-29-99.)
(510 ILCS 70/10) (from Ch. 8, par. 710)
Sec. 10. Investigation of complaints.
(a) Upon receiving a complaint of a suspected violation
of this Act, a Department investigator, any law enforcement
official, or an approved humane investigator may, for the
purpose of investigating the allegations of the complaint,
enter during normal business hours upon any premises where
the animal or animals described in the complaint are housed
or kept, provided such entry shall not be made into any
building which is a person's residence, except by search
warrant or court order. Institutions operating under federal
license to conduct laboratory experimentation utilizing
animals for research or medical purposes are, however, exempt
from the provisions of this Section. State's Attorneys and
law enforcement officials shall provide such assistance as
may be required in the conduct of such investigations. Any
such investigation requiring legal procedures shall be
immediately reported to the Department. No employee or
representative of the Department shall enter a livestock
management facility unless sanitized footwear is used, or
unless the owner or operator of the facility waives this
requirement. The employee or representative must also use
any other reasonable disease prevention procedures or
equipment provided by the owner or operator of the facility.
The animal control administrator and animal control wardens
appointed under the Animal Control Act shall be authorized to
make investigations complying with this Section for alleged
violations of Sections 3, and 3.01, 3.02, and 3.03 pertaining
to small companion animals. If impoundments are made by
wardens, public pounds operated by a political entity shall
be utilized. The animals impounded shall remain under the
jurisdiction of the animal control administrator and be held
in an animal shelter pound licensed under the Animal Welfare
Act. All litigation, appeal, and disposition of the animals
so held will remain with the governmental agency operating
the facility.
(b) Any veterinarian acting in good faith is immune from
any civil or criminal liability resulting from his or her
actions under this Section. The good faith on the part of the
veterinarian is presumed.
(Source: P.A. 87-157.)
(510 ILCS 70/12) (from Ch. 8, par. 712)
Sec. 12. Impounding animals; notice of impoundment.
(a) When an approved humane investigator, a Department
investigator or a veterinarian finds that a violation of this
Act has rendered an animal in such a condition that no remedy
or corrective action by the owner is possible or the violator
fails or refuses to take corrective action necessary for
compliance pursuant to Section 11 of this Act, the Department
must may impound or order the impoundment of the animal. If
the violator fails or refuses to take corrective action
necessary for compliance with Section 11 of this Act, the
Department may impound the animal. If the animal is ordered
impounded, it shall be impounded in a facility or at another
location where which will provide the elements of good care
as set forth in Section 3 of this Act can be provided, and
where such animals shall be examined and treated by a
licensed veterinarian or, if the animal is severely injured,
diseased, or suffering, humanely euthanized. Any expense
incurred in the impoundment shall become a lien on the
animals.
(b) Emergency impoundment may be exercised in a
life-threatening situation and the subject animals shall be
conveyed directly to a licensed veterinarian for medical
services necessary to sustain life or to be humanely
euthanized as determined by the veterinarian. If such
emergency procedure is taken by an animal control officer,
the Department shall be notified.
(c) (b) A notice of impoundment shall be given by the
investigator to the violator, if known, in person or sent by
certified or registered mail. If the investigator is not
able to serve the violator in person or by registered or
certified mail, the notice may be given by publication in a
newspaper of general circulation in the county in which the
violator's last known address is located. A copy of the
notice shall be retained by the investigator and a copy
forwarded immediately to the Department. The notice of
impoundment shall include the following:
(1) A number assigned by the Department which will
also be given to the impounding facility accepting the
responsibility of the animal or animals.
(2) Listing of deficiencies noted.
(3) An accurate description of the animal or
animals involved.
(4) Date on which the animal or animals were
impounded.
(5) Signature of the investigator.
(6) A statement that: "The violator may request a
hearing to appeal the impoundment. A person desiring a
hearing shall contact the Department of Agriculture
within 7 days from the date of impoundment" and the
Department must will hold an administrative hearing
within 7 business days after receiving a request to
appeal the impoundment. If the hearing cannot be held
prior to the expiration of the 7-day impoundment period,
the Department shall notify the impounding facility that
it cannot sell, offer for adoption, or dispose of the
animal or animals until a final decision is rendered and
all of the appeal processes have expired.
If a hearing is requested by any owner of impounded
animals, the Hearing Officer shall, have the authority after
hearing the testimony of all interested affected parties, to
render a decision within 5 business days regarding as to the
disposition of the impounded animals. This decision by the
Hearing Officer shall have no effect on the criminal charges
that may be filed with the appropriate authorities.
If an owner of a companion animal or animal used for
fighting purposes requests a hearing, the animal control or
animal shelter having control of the animal or animals may
file a petition with the court in the county where the
impoundment took place requesting that the person from whom
the animal or animals were seized or the owner of the animal
or animals be ordered to post security pursuant to
subsections (a) and (b) of Section 3.05 of this Act.
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 court must order the Department
of Agriculture to hold a hearing on the impoundment within 5
business days. If, upon final administrative or judicial
determination, it is found that it is not in the best
interest of the animal or animals to be returned to the
person from whom it was seized, the animal or animals are
forfeited to the animal control or animal shelter having
control of the animal or animals. If no petition for the
posting of security is filed or a petition was filed and
granted but the person failed to post security, any expense
incurred in the impoundment shall remain outstanding until
satisfied by the owner or the person from whom the animal or
animals were impounded.
Any expense incurred in such impoundment becomes a lien
on the animal impounded and must be discharged before the
animal is released from the facility. When the impoundment is
not appealed, the animal or animals are forfeited and the
animal control or animal shelter in charge of the animal or
animals may lawfully and without liability provide for
adoption of the animal or animals by a person other than the
person who forfeited the animal or animals, or any person or
persons dwelling in the same household as the person who
forfeited the animal or animals, or it may humanely euthanize
the animal or animals. the animal is not claimed by its owner
and all impoundment costs satisfied within 7 days, it may be
sold at public or private sale for fair consideration to a
person capable of providing care consistent with this Act,
with the proceeds of that sale applied first to discharge the
lien and any balance to be paid over to the owner. If no
purchaser is found, the animal may be offered for adoption or
disposed of in a manner not inconsistent with this or any
other Act.
(Source: P.A. 88-600, eff. 9-1-94.)
(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 C 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 B 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.
(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 A C misdemeanor. A
second or subsequent conviction for a violation of
Section 3.01 is a Class 4 felony 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 A B 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 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. 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 C 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 petty offense. A second or
subsequent conviction for a violation of Section 7.1 is a
Class B C misdemeanor.
(e) Any person convicted of violating Section 3.02 is
guilty of a Class 4 felony A misdemeanor. A second or
subsequent violation is a Class 3 4 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 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.
(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. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97;
91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff.
7-29-99; revised 8-30-99.)
(510 ILCS 70/16.1 new)
Sec. 16.1. Defenses. It is not a defense to violations
of this Act for the person committing the violation to assert
that he or she had rights of ownership in the animal that was
the victim of the violation.
(510 ILCS 70/16.2 new)
Sec. 16.2. Corporations. Corporations may be charged
with violations of this Act for the acts of their employees
or agents who violate this Act in the course of their
employment or agency.
(510 ILCS 70/16.3 new)
Sec. 16.3. Civil actions. Any person who has a right of
ownership in an animal that is subjected to an act of
aggravated cruelty under Section 3.02 or torture under
Section 3.03 in violation of this Act or in an animal that is
injured or killed as a result of actions taken by a person
who acts in bad faith under subsection (b) of Section 3.06 or
under Section 12 of this Act may bring a civil action to
recover the damages sustained by that owner. Damages may
include, but are not limited to, the monetary value of the
animal, veterinary expenses incurred on behalf of the animal,
any other expenses incurred by the owner in rectifying the
effects of the cruelty, pain, and suffering of the animal,
and emotional distress suffered by the owner. In addition to
damages that may be proven, the owner is also entitled to
punitive or exemplary damages of not less than $500 but not
more than $25,000 for each act of abuse or neglect to which
the animal was subjected. In addition, the court must award
reasonable attorney's fees and costs actually incurred by the
owner in the prosecution of any action under this Section.
The remedies provided in this Section are in addition to
any other remedies allowed by law.
In an action under this Section, the court may enter any
injunctive orders reasonably necessary to protect animals
from any further acts of abuse, neglect, or harassment by a
defendant.
The statute of limitations for cruelty to animals is 2
years.
(510 ILCS 70/16.4 new)
Sec. 16.4. Illinois Animal Abuse Fund. The Illinois
Animal Abuse Fund is created as a special fund in the State
treasury. Moneys in the Fund may be used, subject to
appropriation, by the Department of Agriculture to
investigate animal abuse and neglect under this Act.
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 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. 89-234, eff. 1-1-96.)
(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 $25 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 $25 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.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(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. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96;
89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)
Section 15. The Juvenile Court Act of 1987 is amended by
changing Sections 5-615, 5-710, and 5-715 as follows:
(705 ILCS 405/5-615)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony (a) upon an admission or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b) in the absence of objection made in open court by the
minor, his or her parent, guardian, or legal custodian, the
minor's attorney or the State's Attorney.
(2) If the minor, his or her parent, guardian, or legal
custodian, the minor's attorney or State's Attorney objects
in open court to any continuance and insists upon proceeding
to findings and adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the
court to order a continuance of the hearing for the
production of additional evidence or for any other proper
reason.
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period
of continuance under supervision may not exceed 24 months.
The court may terminate a continuance under supervision at
any time if warranted by the conduct of the minor and the
ends of justice.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical
Psychologist Licensing Act, or the Clinical Social Work
and Social Work Practice Act, or an entity licensed by
the Department of Human Services as a successor to the
Department of Alcoholism and Substance Abuse, for the
provision of drug addiction and alcoholism treatment;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit him or
her at his or her home or elsewhere;
(j) reside with his or her parents or in a foster
home;
(k) attend school;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) make restitution to the victim, in the same
manner and under the same conditions as provided in
subsection (4) of Section 5-710, except that the
"sentencing hearing" referred to in that Section shall be
the adjudicatory hearing for purposes of this Section;
(p) comply with curfew requirements as designated
by the court;
(q) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer;
(r) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(r-5) undergo a medical or other procedure to have
a tattoo symbolizing allegiance to a street gang removed
from his or her body;
(s) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug; or
(t) comply with any other conditions as may be
ordered by the court.
(6) A minor whose case is continued under supervision
under subsection (5) shall be given a certificate setting
forth the conditions imposed by the court. Those conditions
may be reduced, enlarged, or modified by the court on motion
of the probation officer or on its own motion, or that of the
State's Attorney, or, at the request of the minor after
notice and hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that a condition
of supervision has not been fulfilled, the court may proceed
to findings and adjudication and disposition. The filing of
a petition for violation of a condition of the continuance
under supervision shall toll the period of continuance under
supervision until the final determination of the charge, and
the term of the continuance under supervision shall not run
until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that
does not constitute a criminal offense, the hearing must be
held within 30 days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
(8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 is continued under this
Section, the court shall, as a condition of the continuance
under supervision, require the minor to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
alleged violation or similar damage to property located in
the municipality or county in which the alleged violation
occurred. The condition may be in addition to any other
condition.
(8.5) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph (d) of subsection (1) of Section 21-1 of the
Criminal Code of 1961 is continued under this Section, the
court shall, as a condition of the continuance under
supervision, require the minor to undergo medical or
psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or
in furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 of the Criminal Code of 1961,
a violation of any Section of Article 24 of the Criminal Code
of 1961, or a violation of any statute that involved the
unlawful use of a firearm. If the court determines the
question in the affirmative the court shall, as a condition
of the continuance under supervision and as part of or in
addition to any other condition of the supervision, require
the minor to perform community service for not less than 30
hours, provided that community service is available in the
jurisdiction and is funded and approved by the county board
of the county where the offense was committed. The community
service shall include, but need not be limited to, the
cleanup and repair of any damage caused by an alleged
violation of Section 21-1.3 of the Criminal Code of 1961 and
similar damage to property located in the municipality or
county in which the alleged violation occurred. When
possible and reasonable, the community service shall be
performed in the minor's neighborhood. For the purposes of
this Section, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $25
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is
made a ward of the State under this Act while the minor is in
placement. The fee shall be imposed only upon a minor who is
actively supervised by the probation and court services
department. A court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the
minor's behalf.
(Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00;
91-332, eff. 7-29-99; revised 10-7-99.)
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made
in respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810,
5-815, a minor who is found guilty under Section 5-620
may be:
(i) put on probation or conditional discharge
and released to his or her parents, guardian or
legal custodian, provided, however, that any such
minor who is not committed to the Department of
Corrections, Juvenile Division under this subsection
and who is found to be a delinquent for an offense
which is first degree murder, a Class X felony, or a
forcible felony shall be placed on probation;
(ii) placed in accordance with Section 5-740,
with or without also being put on probation or
conditional discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) placed in the guardianship of the
Department of Children and Family Services, but only
if the delinquent minor is under 13 years of age;
(v) placed in detention for a period not to
exceed 30 days, either as the exclusive order of
disposition or, where appropriate, in conjunction
with any other order of disposition issued under
this paragraph, provided that any such detention
shall be in a juvenile detention home and the minor
so detained shall be 10 years of age or older.
However, the 30-day limitation may be extended by
further order of the court for a minor under age 13
committed to the Department of Children and Family
Services if the court finds that the minor is a
danger to himself or others. The minor shall be
given credit on the sentencing order of detention
for time spent in detention under Sections 5-501,
5-601, 5-710, or 5-720 of this Article as a result
of the offense for which the sentencing order was
imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge
under Section 5-720 of this Article for time spent
in detention before the filing of the petition
alleging the violation. A minor shall not be
deprived of credit for time spent in detention
before the filing of a violation of probation or
conditional discharge alleging the same or related
act or acts;
(vi) ordered partially or completely
emancipated in accordance with the provisions of the
Emancipation of Mature Minors Act;
(vii) subject to having his or her driver's
license or driving privileges suspended for such
time as determined by the court but only until he or
she attains 18 years of age;
(viii) put on probation or conditional
discharge and placed in detention under Section
3-6039 of the Counties Code for a period not to
exceed the period of incarceration permitted by law
for adults found guilty of the same offense or
offenses for which the minor was adjudicated
delinquent, and in any event no longer than upon
attainment of age 21; this subdivision (viii)
notwithstanding any contrary provision of the law;
or
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to
a street gang removed from his or her body.
(b) A minor found to be guilty may be committed to
the Department of Corrections, Juvenile Division, under
Section 5-750 if the minor is 13 years of age or older,
provided that the commitment to the Department of
Corrections, Juvenile Division, shall be made only if a
term of incarceration is permitted by law for adults
found guilty of the offense for which the minor was
adjudicated delinquent. The time during which a minor is
in custody before being released upon the request of a
parent, guardian or legal custodian shall be considered
as time spent in detention.
(c) When a minor is found to be guilty for an
offense which is a violation of the Illinois Controlled
Substances Act or the Cannabis Control Act and made a
ward of the court, the court may enter a disposition
order requiring the minor to undergo assessment,
counseling or treatment in a substance abuse program
approved by the Department of Human Services.
(2) Any sentencing order other than commitment to the
Department of Corrections, Juvenile Division, may provide for
protective supervision under Section 5-725 and may include an
order of protection under Section 5-730.
(3) Unless the sentencing order expressly so provides,
it does not operate to close proceedings on the pending
petition, but is subject to modification until final closing
and discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may
order any minor found to be delinquent to make restitution,
in monetary or non-monetary form, under the terms and
conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentencing hearing" referred
to in that Section shall be the sentencing hearing for
purposes of this Section. The parent, guardian or legal
custodian of the minor may be ordered by the court to pay
some or all of the restitution on the minor's behalf,
pursuant to the Parental Responsibility Law. The State's
Attorney is authorized to act on behalf of any victim in
seeking restitution in proceedings under this Section, up to
the maximum amount allowed in Section 5 of the Parental
Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) In no event shall a guilty minor be committed to the
Department of Corrections, Juvenile Division for a period of
time in excess of that period for which an adult could be
committed for the same act.
(8) A minor found to be guilty for reasons that include
a violation of Section 21-1.3 of the Criminal Code of 1961
shall be ordered to perform community service for not less
than 30 and not more than 120 hours, if community service is
available in the jurisdiction. The community service shall
include, but need not be limited to, the cleanup and repair
of the damage that was caused by the violation or similar
damage to property located in the municipality or county in
which the violation occurred. The order may be in addition
to any other order authorized by this Section.
(8.5) A minor found to be guilty for reasons that
include a violation of Section 3.02 or Section 3.03 of the
Humane Care for Animals Act or paragraph (d) of subsection
(1) of Section 21-1 of the Criminal Code of 1961 shall be
ordered to undergo medical or psychiatric treatment rendered
by a psychiatrist or psychological treatment rendered by a
clinical psychologist. The order may be in addition to any
other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which
would constitute, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or criminal sexual
abuse if committed by an adult to undergo medical testing to
determine whether the defendant has any sexually
transmissible disease including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agency of acquired immunodeficiency syndrome
(AIDS). Any medical test shall be performed only by
appropriately licensed medical practitioners and may include
an analysis of any bodily fluids as well as an examination of
the minor's person. Except as otherwise provided by law, the
results of the test shall be kept strictly confidential by
all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the judge of the
court in which the sentencing order was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the victim and the public, the judge shall
have the discretion to determine to whom the results of the
testing may be revealed. The court shall notify the minor of
the results of the test for infection with the human
immunodeficiency virus (HIV). The court shall also notify
the victim if requested by the victim, and if the victim is
under the age of 15 and if requested by the victim's parents
or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any
test shall be paid by the county and may be taxed as costs
against the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a
violation of subsection (a) of Section 12-7.1 of the Criminal
Code of 1961, a violation of any Section of Article 24 of the
Criminal Code of 1961, or a violation of any statute that
involved the wrongful use of a firearm. If the court
determines the question in the affirmative, and the court
does not commit the minor to the Department of Corrections,
Juvenile Division, the court shall order the minor to perform
community service for not less than 30 hours nor more than
120 hours, provided that community service is available in
the jurisdiction and is funded and approved by the county
board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damage to property located in the municipality or county in
which the violation occurred. When possible and reasonable,
the community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Corrections,
Juvenile Division. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)
(705 ILCS 405/5-715)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge
shall not exceed 5 years or until the minor has attained the
age of 21 years, whichever is less, except as provided in
this Section for a minor who is found to be guilty for an
offense which is first degree murder, a Class X felony or a
forcible felony. The juvenile court may terminate probation
or conditional discharge and discharge the minor at any time
if warranted by the conduct of the minor and the ends of
justice; provided, however, that the period of probation for
a minor who is found to be guilty for an offense which is
first degree murder, a Class X felony, or a forcible felony
shall be at least 5 years.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment,
rendered by a psychiatrist or psychological treatment
rendered by a clinical psychologist or social work
services rendered by a clinical social worker, or
treatment for drug addiction or alcoholism;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(h) permit the probation officer to visit him or
her at his or her home or elsewhere;
(i) reside with his or her parents or in a foster
home;
(j) attend school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
(4) of Section 5-710;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject
to Section 5 of the Children and Family Services Act;
(p) pay costs;
(q) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the minor:
(i) remain within the interior premises of the
place designated for his or her confinement during
the hours designated by the court;
(ii) admit any person or agent designated by
the court into the minor's place of confinement at
any time for purposes of verifying the minor's
compliance with the conditions of his or her
confinement; and
(iii) use an approved electronic monitoring
device if ordered by the court subject to Article 8A
of Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer, if the minor has been placed on
probation, or advance approval by the court, if the minor
has been placed on conditional discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(s-5) undergo a medical or other procedure to have
a tattoo symbolizing allegiance to a street gang removed
from his or her body;
(t) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and shall submit
samples of his or her blood or urine or both for tests to
determine the presence of any illicit drug; or
(u) comply with other conditions as may be ordered
by the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on
any alcohol, cannabis, or controlled substance violation,
refrain from acquiring a driver's license during the period
of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle
during the period of probation or conditional discharge,
except as may be necessary in the course of the minor's
lawful employment.
(3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be
guilty and placed on probation for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 undergo medical or
psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
(4) A minor on probation or conditional discharge shall
be given a certificate setting forth the conditions upon
which he or she is being released.
(5) The court shall impose upon a minor placed on
probation or conditional discharge, as a condition of the
probation or conditional discharge, a fee of $25 for each
month of probation or conditional discharge supervision
ordered by the court, unless after determining the inability
of the minor placed on probation or conditional discharge to
pay the fee, the court assesses a lesser amount. The court
may not impose the fee on a minor who is made a ward of the
State under this Act while the minor is in placement. The
fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department.
The court may order the parent, guardian, or legal custodian
of the minor to pay some or all of the fee on the minor's
behalf.
(6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel
compliance with the conditions of probation by responding to
violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit
shall adopt a system of structured, intermediate sanctions
for violations of the terms and conditions of a sentence of
supervision, probation or conditional discharge, under this
Act.
The court shall provide as a condition of a disposition
of probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of
this Act.
(Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)
Section 20. The Criminal Code of 1961 is amended by
changing Section 21-1 as follows:
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(1) A person commits an illegal act when he:
(a) knowingly damages any property of another
without his consent; or
(b) recklessly by means of fire or explosive
damages property of another; or
(c) knowingly starts a fire on the land of another
without his consent; or
(d) knowingly injures a domestic animal of another
without his consent; or
(e) knowingly deposits on the land or in the
building of another, without his consent, any stink bomb
or any offensive smelling compound and thereby intends to
interfere with the use by another of the land or
building; or
(f) damages any property, other than as described
in subsection (b) of Section 20-1, with intent to defraud
an insurer; or
(g) knowingly shoots a firearm at any portion of a
railroad train.
When the charge of criminal damage to property exceeding
a specified value is brought, the extent of the damage is an
element of the offense to be resolved by the trier of fact as
either exceeding or not exceeding the specified value.
(2) The acts described in items (a), (b), (c), (e), and
through (f) are Class A misdemeanors if the damage to
property does not exceed $300. The acts described in items
(a), (b), (c), (e), and through (f) are Class 4 felonies if
the damage to property does not exceed $300 if the damage
occurs to property of a school or place of worship. The act
described in item (d) is a Class 4 felony if the damage to
property does not exceed $10,000. The act described in item
(g) is a Class 4 felony. The acts described in items (a),
(b), (c), (e), and through (f) are Class 4 felonies if the
damage to property exceeds $300 but does not exceed $10,000.
The acts described in items (a) through (f) are Class 3
felonies if the damage to property exceeds $300 but does not
exceed $10,000 if the damage occurs to property of a school
or place of worship. The acts described in items (a) through
(f) are Class 3 felonies if the damage to property exceeds
$10,000 but does not exceed $100,000. The acts described in
items (a) through (f) are Class 2 felonies if the damage to
property exceeds $10,000 but does not exceed $100,000 if the
damage occurs to property of a school or place of worship.
The acts described in items (a) through (f) are Class 2
felonies if the damage to property exceeds $100,000. The
acts described in items (a) through (f) are Class 1 felonies
if the damage to property exceeds $100,000 and the damage
occurs to property of a school or place of worship. If the
damage to property exceeds $10,000, the court shall impose
upon the offender a fine equal to the value of the damages to
the property.
(3) In addition to any other sentence that may be
imposed, a court shall order any person convicted of criminal
damage to property to perform community service for not less
than 30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and approved by
the county board of the county where the offense was
committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Section, the
supervision shall be conditioned upon the performance of the
community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 91-360, eff. 7-29-99.)
Section 25. The State Finance Act is amended by adding
Section 5.545 as follows:
(30 ILCS 105/5.545 new)
Sec. 5.545. The Illinois Animal Abuse Fund.
Section 30. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect on
January 1, 2002.
Passed in the General Assembly May 31, 2001.
Approved August 21, 2001.
[ Top ]