|
|
||||
| Public Act 096-0226 |
||||
| ||||
| ||||
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 Section 4.01 as follows:
| ||||
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
| ||||
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 | ||||
when the only animals involved are
dogs.)
| ||||
(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 knowingly 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) (Blank).
| ||
(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 solicit a minor to violate this | ||
Section.
| ||
(m) The penalties for violations of this Section shall be | ||
as follows:
| ||
(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 for the first offense. A 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 | ||
felony.
| ||
(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 4 felony A misdemeanor for the first offense. A | ||
second or
subsequent violation is a Class 3 4 felony.
| ||
(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 4 felony | ||
for the first offense. A second or
subsequent violation is | ||
a Class 3 felony C misdemeanor.
| ||
(4) A person convicted of violating subsection (l) of | ||
this Section is
guilty of a Class 4 felony for the first | ||
offense. A second or
subsequent violation is a Class 3 | ||
felony A misdemeanor.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07.)
| ||
Section 10. The Criminal Code of 1961 is amended by | ||
changing Section 26-5 as follows:
| ||
(720 ILCS 5/26-5)
| ||
Sec. 26-5. Dog fighting. (For other provisions that may | ||
apply to dog
fighting, see the Humane Care for Animals Act. For | ||
provisions similar to this
Section that apply to animals other | ||
than dogs, see in particular Section 4.01
of the Humane Care | ||
for Animals Act.)
| ||
(a) No person may own, capture, breed, train, or lease any
| ||
dog which he or she knows is intended for use in any
show, | ||
exhibition, program, or other activity featuring or otherwise
| ||
involving a fight between the dog and any other animal or | ||
human, or the
intentional killing of any dog for the purpose of | ||
sport, wagering, or
entertainment.
| ||
(b) No person may 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 | ||
of
any show, exhibition, program, or other activity involving
a | ||
fight between 2 or more dogs or any dog and human,
or the | ||
intentional killing of any dog.
| ||
(c) No person may sell or offer for sale, ship, transport,
| ||
or otherwise move, or deliver or receive any dog which he or | ||
she
knows has been captured, bred, or trained, or will be used,
| ||
to fight another dog or human or be intentionally killed for
| ||
purposes of sport, wagering, or entertainment.
| ||
(c-5) No person may solicit a minor to violate this | ||
Section.
| ||
(d) No person may manufacture for sale, shipment, | ||
transportation,
or delivery any device or equipment 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 2 or more dogs, or any
human and dog, | ||
or the intentional killing of any dog for purposes of
sport, | ||
wagering, or entertainment.
| ||
(e) No person may own, possess, sell or offer for sale, | ||
ship,
transport, or otherwise move any equipment or device | ||
which he or she
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 | ||
dogs, or any dog and human, or the intentional
killing of any | ||
dog for purposes of sport, wagering or entertainment.
| ||
(f) No person may knowingly make available any site, | ||
structure, or
facility, whether enclosed or not, that he or she | ||
knows is intended to be
used for the purpose of conducting any | ||
show, exhibition, program, or other
activity involving a fight | ||
between 2 or more dogs, or any dog and human, or the
| ||
intentional killing of any dog or knowingly manufacture, | ||
distribute, or
deliver fittings to be used in a fight between 2 | ||
or more dogs or a dog and
human.
| ||
(g) No person may knowingly attend or otherwise patronize | ||
any show, exhibition,
program, or other activity featuring or | ||
otherwise involving a fight between
2 or more dogs, or any dog | ||
and human, or the intentional killing of
any dog for purposes | ||
of sport, wagering, or entertainment.
| ||
(h) No person may tie or attach or fasten any live animal | ||
to any
machine or device propelled by any power for the purpose | ||
of causing the
animal to be pursued by a dog or dogs. This | ||
subsection (h) applies only
when the dog is intended to be used | ||
in a dog fight.
| ||
(i) Penalties for violations of this Section shall be as | ||
follows:
| ||
(1) Any person convicted of violating subsection (a), | ||
(b), or (c)
of this Section is guilty of a Class
4 felony | ||
for a first violation and a
Class
3 felony for a second or | ||
subsequent violation, and may be fined an
amount not to | ||
exceed $50,000.
| ||
(1.5) A person who knowingly owns a dog for fighting | ||
purposes or for
producing a fight between 2 or more dogs or | ||
a dog and human or who knowingly
offers for sale or sells a | ||
dog bred for fighting is guilty of a Class
3 felony
and may | ||
be fined an amount not to exceed $50,000, if the dog | ||
participates
in a dogfight and any of the following factors | ||
is present:
| ||
(i) the dogfight is performed in the presence of a | ||
person under 18
years of age;
| ||
(ii) the dogfight is performed for the purpose of | ||
or in the presence
of illegal wagering activity; or
| ||
(iii) the dogfight is performed in furtherance of | ||
streetgang related
activity as defined in Section 10 of | ||
the Illinois Streetgang Terrorism Omnibus
Prevention | ||
Act.
| ||
(1.7) A person convicted of violating subsection (c-5) | ||
of this Section
is guilty of a Class 4 felony.
| ||
(2) Any person convicted of violating subsection (d) or | ||
(e) of this
Section is guilty of a
Class 4 felony A | ||
misdemeanor for a first violation.
A second or subsequent | ||
violation of subsection (d) or (e) of this Section
is a | ||
Class
3 felony.
| ||
(2.5) Any person convicted of violating subsection (f) | ||
of this Section
is guilty of a Class
4 felony.
| ||
(3) Any person convicted of violating subsection (g) of | ||
this Section
is guilty of a Class 4 felony A misdemeanor | ||
for a first violation. A second or
subsequent violation of | ||
subsection (g) of this Section is a Class 3 4 felony. If a | ||
person under 13 years of age is present at any show, | ||
exhibition,
program, or other activity prohibited in | ||
subsection (g), the parent, legal guardian, or other person | ||
who is 18 years of age or older who brings that person | ||
under 13 years of age to that show, exhibition, program, or | ||
other activity is guilty of a Class 4 felony for a first | ||
violation and a Class 3 felony for a second or subsequent | ||
violation.
| ||
(j) Any dog or equipment involved in a violation of this | ||
Section shall
be immediately seized and impounded under Section | ||
12 of the Humane Care for
Animals Act when located at any show, | ||
exhibition, program, or other activity
featuring or otherwise | ||
involving a dog fight for the purposes of sport,
wagering, or | ||
entertainment.
| ||
(k) 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.
| ||
(l) Any veterinarian in this State who is presented with a | ||
dog for treatment
of injuries or wounds resulting from fighting | ||
where there is a reasonable
possibility that the dog was | ||
engaged in or utilized for a fighting event for
the purposes of | ||
sport, wagering, or entertainment shall file a report with the
| ||
Department of Agriculture and cooperate by furnishing the | ||
owners' names, dates,
and descriptions of the dog or dogs | ||
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.
| ||
(m) In addition to any other penalty provided by law, upon | ||
conviction for
violating this Section, the court 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 dog or other animal for a | ||
period of time that
the court deems reasonable.
| ||
(n) A violation of subsection (a) of this Section may be | ||
inferred from evidence that the accused possessed any device or | ||
equipment described in subsection (d), (e), or (h) of this | ||
Section, and also possessed any dog.
| ||
(o) When no longer required for investigations or court | ||
proceedings relating to the events described or depicted | ||
therein, evidence relating to convictions for violations of | ||
this Section shall be retained and made available for use in | ||
training peace officers in detecting and identifying | ||
violations of this Section. Such evidence shall be made | ||
available upon request to other law enforcement agencies and to | ||
schools certified under the Illinois Police Training Act.
| ||
(Source: P.A. 94-820, eff. 1-1-07.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||