Public Act 096-1091
 
HB5790 EnrolledLRB096 16744 RLC 33899 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. 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), or (h)
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 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. Any person  
    convicted of violating  subsection (f) of this Section in 
    which the site, structure, or facility made available to 
    violate subsection (f) is located within 1,000 feet of a 
    school, public park, playground, child care institution, 
    day care center, part day child care facility, day care 
    home, group day care home, or a facility providing programs 
    or services
exclusively directed toward persons under 18 
    years of age is guilty of a Class 3 felony for a first 
    violation and a Class 2 felony for a second or subsequent 
    violation.


        (3) Any person convicted of violating subsection (g) of 
    this Section
is guilty of a Class 4 felony for a first 
    violation.  A second or
subsequent violation of subsection 
    (g) of this Section is a Class 3 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 3 4 felony for a first violation and a 
    Class 2 3 felony for a second or subsequent violation.

    (i-5) A person who commits a felony violation of this 
Section is subject to the property forfeiture provisions set 
forth in Article 124B of the Code of Criminal Procedure of 
1963. 
    (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.

    (p)  For the purposes of this Section, "school" has the 
meaning ascribed to it in Section 11-9.3 of this Code; and 
"public park", "playground", "child care institution", "day 
care center", "part day child care facility", "day care home", 
"group day care home", and "facility providing programs or 
services
exclusively directed toward persons under 18 years of 
age" have the meanings ascribed to them in Section 11-9.4 of 
this Code. 
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 
revised 10-1-09.)