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91_HB0753enr
HB0753 Enrolled LRB9104614DHmg
1 AN ACT concerning animal torture.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Humane Care for Animals Act is amended by
5 changing Section 16 and adding Section 3.03 as follows:
6 (510 ILCS 70/3.03 new)
7 Sec. 3.03. Animal torture. A person commits animal
8 torture when that person without legal justification
9 knowingly or intentionally tortures an animal. For purposes
10 of this Section, "torture" means infliction of or subjection
11 to extreme physical pain, motivated by an intent to increase
12 or prolong the pain, suffering, or agony of the animal. Acts
13 by persons engaged in lawful hunting, fishing, or trapping
14 under the Wildlife Code or the Fish and Aquatic Life Code and
15 acts that are accepted and customary practices by persons
16 engaged in scientific or medical experiments or by persons
17 engaged in meat packing, meat processing, or the slaughtering
18 of animals or raising or transporting animals for slaughter
19 shall be exempt from the provisions of this Section.
20 (510 ILCS 70/16) (from Ch. 8, par. 716)
21 Sec. 16. Violations; punishment; injunctions.
22 (a) Any person convicted of violating Sections 5, 5.01,
23 or 6 of this Act or any rule, regulation, or order of the
24 Department pursuant thereto, is guilty of a Class C
25 misdemeanor.
26 (b)(1) This subsection (b) does not apply where the
27 only animals involved in the violation are dogs.
28 (2) Any person convicted of violating subsection
29 (a), (b), (c) or (h) of Section 4.01 of this Act or any
30 rule, regulation, or order of the Department pursuant
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1 thereto, is guilty of a Class A misdemeanor.
2 (3) A second or subsequent offense involving the
3 violation of subsection (a), (b) or (c) of Section 4.01
4 of this Act or any rule, regulation, or order of the
5 Department pursuant thereto is a Class 4 felony.
6 (4) Any person convicted of violating subsection
7 (d), (e) or (f) of Section 4.01 of this Act or any rule,
8 regulation, or order of the Department pursuant thereto,
9 is guilty of a Class B misdemeanor.
10 (5) Any person convicted of violating subsection
11 (g) of Section 4.01 of this Act or any rule, regulation,
12 or order of the Department pursuant thereto is guilty of
13 a Class C misdemeanor.
14 (c)(1) This subsection (c) applies exclusively
15 where the only animals involved in the violation are
16 dogs.
17 (2) Any person convicted of violating subsection
18 (a), (b) or (c) of Section 4.01 of this Act or any rule,
19 regulation or order of the Department pursuant thereto is
20 guilty of a Class 4 felony and may be fined an amount not
21 to exceed $50,000.
22 (3) Any person convicted of violating subsection
23 (d), (e) or (f) of Section 4.01 of this Act or any rule,
24 regulation or order of the Department pursuant thereto is
25 guilty of Class A misdemeanor, if such person knew or
26 should have known that the device or equipment under
27 subsection (d) or (e) of that Section or the site,
28 structure or facility under subsection (f) of that
29 Section was to be used to carry out a violation where the
30 only animals involved were dogs. Where such person did
31 not know or should not reasonably have been expected to
32 know that the only animals involved in the violation were
33 dogs, the penalty shall be same as that provided for in
34 paragraph (4) of subsection (b).
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1 (4) Any person convicted of violating subsection
2 (g) of Section 4.01 of this Act or any rule, regulation
3 or order of the Department pursuant thereto is guilty of
4 a Class C misdemeanor.
5 (5) A second or subsequent violation of subsection
6 (a), (b) or (c) of Section 4.01 of this Act or any rule,
7 regulation or order of the Department pursuant thereto is
8 a Class 3 felony. A second or subsequent violation of
9 subsection (d), (e) or (f) of Section 4.01 of this Act or
10 any rule, regulation or order of the Department adopted
11 pursuant thereto is a Class 3 felony, if in each
12 violation the person knew or should have known that the
13 device or equipment under subsection (d) or (e) of that
14 Section or the site, structure or facility under
15 subsection (f) of that Section was to be used to carry
16 out a violation where the only animals involved were
17 dogs. Where such person did not know or should not
18 reasonably have been expected to know that the only
19 animals involved in the violation were dogs, a second or
20 subsequent violation of subsection (d), (e) or (f) of
21 Section 4.01 of this Act or any rule, regulation or order
22 of the Department adopted pursuant thereto is a Class A
23 misdemeanor. A second or subsequent violation of
24 subsection (g) is a Class B misdemeanor.
25 (6) Any person convicted of violating Section 3.01
26 of this Act is guilty of a Class C misdemeanor. A second
27 conviction for a violation of Section 3.01 is a Class B
28 misdemeanor. A third or subsequent conviction for a
29 violation of Section 3.01 is a Class A misdemeanor.
30 (7) Any person convicted of violating Section 4.03
31 is guilty of a Class B misdemeanor.
32 (8) Any person convicted of violating Section 4.04
33 is guilty of a Class A misdemeanor where the animal is
34 not killed or totally disabled, but if the animal is
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1 killed or totally disabled such person shall be guilty of
2 a Class 4 felony.
3 (8.5) A person convicted of violating subsection
4 (a) of Section 7.15 is guilty of a Class B misdemeanor.
5 A person convicted of violating subsection (b) or (c) of
6 Section 7.15 is (i) guilty of a Class A misdemeanor if
7 the dog is not killed or totally disabled and (ii) if the
8 dog is killed or totally disabled, guilty of a Class 4
9 felony and may be ordered by the court to make
10 restitution to the disabled person having custody or
11 ownership of the dog for veterinary bills and replacement
12 costs of the dog.
13 (9) Any person convicted of violating any other
14 provision of this Act, or any rule, regulation, or order
15 of the Department pursuant thereto, is guilty of a Class
16 C misdemeanor with every day that a violation continues
17 constituting a separate offense.
18 (d) Any person convicted of violating Section 7.1 is
19 guilty of a petty offense. A second or subsequent conviction
20 for a violation of Section 7.1 is a Class C misdemeanor.
21 (e) Any person convicted of violating Section 3.02 is
22 guilty of a Class A misdemeanor.
23 (f) The Department may enjoin a person from a continuing
24 violation of this Act.
25 (g) Any person convicted of violating Section 3.03 is
26 guilty of a Class 4 felony. A second or subsequent offense
27 is a Class 3 felony. As a condition of the sentence imposed
28 under this Section, the court shall order the offender to
29 undergo a psychological or psychiatric evaluation and to
30 undergo treatment that the court determines to be appropriate
31 after due consideration of the evaluation.
32 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
33 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)
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1 Section 99. This Act takes effect upon becoming law.
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