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Public Act 095-0560
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| HB3614 Enrolled |
LRB095 08978 CMK 31755 b |
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Humane Care for Animals Act is amended by |
changing Sections 3.04, 4.01, and 4.04 and by adding Section 17 |
as follows:
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(510 ILCS 70/3.04)
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Sec. 3.04. Arrests and seizures; penalties.
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(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
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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
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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
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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
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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 of this Act |
or Section 26-5 of the Criminal Code of 1961.
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(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
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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 |
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the companion animal or
companion animals were seized, |
delivered by registered mail to his or her last
known address.
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(c) 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
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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
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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
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reasonable.
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(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
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(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
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Sec. 4.01. Animals in entertainment. This Section does not |
apply when
the only animals involved are dogs. (Section 26-5 of |
the Criminal Code of
1961, rather than this Section, applies |
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when the only animals involved are
dogs.)
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(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.
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(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.
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(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.
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(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.
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(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.
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(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
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human, or the intentional killing of any animal.
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(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.
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(h) (Blank).
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(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.
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(j) Any vehicle or conveyance other than a common carrier |
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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.
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(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.
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(l) No person shall solicit a minor to violate this |
Section.
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(m) The penalties for violations of this Section shall be |
as follows:
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(1) A person convicted of violating subsection (a), |
(b), or (c) of this
Section or any rule, regulation, or |
order of the Department pursuant thereto
is guilty of a |
Class 4 felony
A misdemeanor for the first offense. A |
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second or
subsequent offense involving the violation of |
subsection (a), (b), or (c) of
this Section or any rule, |
regulation, or order of the Department pursuant
thereto is |
a Class 3
4 felony.
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(2) A person convicted of violating subsection (d), |
(e), or (f) of this
Section or any rule, regulation, or |
order of the Department pursuant thereto
is guilty of a |
Class A misdemeanor for the first offense. A second or
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subsequent violation is a Class 4 felony.
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(3) A person convicted of violating subsection (g) of |
this Section or
any rule, regulation, or order of the |
Department pursuant thereto is guilty
of a Class C |
misdemeanor.
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(4) A person convicted of violating subsection (l) of |
this Section is
guilty of a Class A misdemeanor.
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(Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, |
eff.
7-11-02; 92-651, eff. 7-11-02; revised 11-21-02.)
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(510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
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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,
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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) |
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any search and rescue dog, or (iv) any law enforcement,
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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.
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A person convicted of violating this Section is guilty of a |
Class 4
felony
A misdemeanor if the animal is not killed or |
totally disabled; if
the animal is killed or totally disabled, |
the person is guilty of a Class 3
Class 4 felony.
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(Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02; |
92-650, eff.
7-11-02; incorporates 92-723, eff. 1-1-03; |
revised 10-3-02.)
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(510 ILCS 70/17 new)
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Sec. 17. Penalties. |
(a) Any person convicted of any act of abuse or neglect
or |
of violating any other provision of this Act,
for which a |
penalty is not otherwise provided, or any rule, regulation, or |
order of the Department pursuant thereto, is
guilty of a Class |
B misdemeanor. A second or subsequent violation
is a Class 4 |
felony with every day that a violation continues
constituting a |
separate offense. |
(b) The Department may enjoin a person from a continuing |
violation of this Act.
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(510 ILCS 70/16 rep.)
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