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Public Act 096-0226
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| HB0069 Enrolled |
LRB096 04052 JDS 14090 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 Section 4.01 as follows:
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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 |
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, |
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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 knowingly attend or otherwise patronize |
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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 |
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 |
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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 for the first offense. A second or
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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.
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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 4 felony A misdemeanor for the first offense. A |
second or
subsequent violation is a Class 3 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 4 felony |
for the first offense. A second or
subsequent violation is |
a Class 3 felony C misdemeanor.
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(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.
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(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07.)
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Section 10. The Criminal Code of 1961 is amended by |
changing Section 26-5 as follows:
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(720 ILCS 5/26-5)
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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.)
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(a) No person may own, capture, breed, train, or lease any
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dog which he or she knows is intended for use in any
show, |
exhibition, program, or other activity featuring or otherwise
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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.
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(b) No person may promote, conduct, carry on, advertise,
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collect money for or in any other manner assist or aid in the
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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 |
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intentional killing of any dog.
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(c) No person may sell or offer for sale, ship, transport,
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or otherwise move, or deliver or receive any dog which he or |
she
knows has been captured, bred, or trained, or will be used,
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to fight another dog or human or be intentionally killed for
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purposes of sport, wagering, or entertainment.
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(c-5) No person may solicit a minor to violate this |
Section.
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(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.
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(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.
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(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 |
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between 2 or more dogs, or any dog and human, or the
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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.
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(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.
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(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.
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(i) Penalties for violations of this Section shall be as |
follows:
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(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.
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(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 |
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participates
in a dogfight and any of the following factors |
is present:
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(i) the dogfight is performed in the presence of a |
person under 18
years of age;
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(ii) the dogfight is performed for the purpose of |
or in the presence
of illegal wagering activity; or
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(iii) the dogfight is performed in furtherance of |
streetgang related
activity as defined in Section 10 of |
the Illinois Streetgang Terrorism Omnibus
Prevention |
Act.
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(1.7) A person convicted of violating subsection (c-5) |
of this Section
is guilty of a Class 4 felony.
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(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.
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(2.5) Any person convicted of violating subsection (f) |
of this Section
is guilty of a Class
4 felony.
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(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 |
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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.
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(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.
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(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.
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(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
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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
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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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(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.
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(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.
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(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.
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(Source: P.A. 94-820, eff. 1-1-07.)
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Section 99. Effective date. This Act takes effect upon |