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1 | AN ACT concerning equidae.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the Equine | ||||||||||||||||||||||||||||||
5 | Welfare
Act. | ||||||||||||||||||||||||||||||
6 | Section 5. Definitions. As used in this Act, unless the | ||||||||||||||||||||||||||||||
7 | context otherwise requires, terms
have the following meanings: | ||||||||||||||||||||||||||||||
8 | "Exigent circumstances" means a
licensed veterinarian | ||||||||||||||||||||||||||||||
9 | cannot be secured without undue delay and, in the
opinion of | ||||||||||||||||||||||||||||||
10 | the animal control warden, animal control administrator, | ||||||||||||||||||||||||||||||
11 | Department
of Agriculture investigator, approved humane | ||||||||||||||||||||||||||||||
12 | investigator, or animal shelter
employee, the equidae is so | ||||||||||||||||||||||||||||||
13 | severely
injured, diseased, or suffering that it is unfit for | ||||||||||||||||||||||||||||||
14 | any useful purpose and to
delay humane euthanasia would | ||||||||||||||||||||||||||||||
15 | continue to cause the equidae extreme suffering. | ||||||||||||||||||||||||||||||
16 | "Animal control administrator"
means a veterinarian | ||||||||||||||||||||||||||||||
17 | licensed by the State
of Illinois and appointed pursuant to the | ||||||||||||||||||||||||||||||
18 | Animal Control Act, or his or her duly
authorized | ||||||||||||||||||||||||||||||
19 | representative. | ||||||||||||||||||||||||||||||
20 | "Department" means the Department of Agriculture. | ||||||||||||||||||||||||||||||
21 | "Department investigator" or "approved humane | ||||||||||||||||||||||||||||||
22 | investigator"
means a person employed by or approved by the | ||||||||||||||||||||||||||||||
23 | Department to determine
whether there has been a violation of |
| |||||||
| |||||||
1 | this Act or an animal control
warden or animal control | ||||||
2 | administrator appointed under the Animal Control Act. | ||||||
3 | "Director" means the Director of Agriculture, or his or her | ||||||
4 | duly appointed
representative. | ||||||
5 | "Livestock management facility" means any on-farm animal
| ||||||
6 | feeding operation, on-farm livestock shelter, or on-farm | ||||||
7 | milking and accompanying
milk handling area. | ||||||
8 | "Owner" means any person who (i) has a right of property in | ||||||
9 | an equid,
(ii) keeps or harbors an equid, (iii) has an equid in | ||||||
10 | his or her care, or (iv) acts
as custodian of an equid. | ||||||
11 | "Person" means any individual, minor, firm,
corporation, | ||||||
12 | partnership,
other
business unit, society, association, or | ||||||
13 | other legal entity, any public or
private institution, the | ||||||
14 | State of Illinois, or any municipal corporation or
political | ||||||
15 | subdivision of the State. | ||||||
16 | "Police equidae" means any equidae owned or used
by a law | ||||||
17 | enforcement department or agency in the course of the | ||||||
18 | department or
agency's work. | ||||||
19 | "Humanely
euthanized" means the painless administration of | ||||||
20 | a lethal dose of an agent or
method of euthanasia as prescribed | ||||||
21 | in the Report of the American Veterinary
Medical Association | ||||||
22 | Panel on Euthanasia published in the Journal of the
American | ||||||
23 | Veterinary
Medical Association, March 1, 2001 (or any successor | ||||||
24 | version of that Report),
that causes the painless death of an
| ||||||
25 | equid. Equidae must be handled prior to administration of the | ||||||
26 | agent or method
of euthanasia in a manner to avoid undue |
| |||||||
| |||||||
1 | apprehension by the equid. | ||||||
2 | Section 10. Owner's duties. Each owner shall provide for | ||||||
3 | each of his or her equidae:
| ||||||
4 | (a) sufficient quantity of good quality, wholesome | ||||||
5 | food and water;
| ||||||
6 | (b) adequate shelter and protection from the weather;
| ||||||
7 | (c) veterinary care when needed to prevent suffering; | ||||||
8 | and
| ||||||
9 | (d) humane care and treatment.
| ||||||
10 | A person convicted of violating this Section is guilty of a | ||||||
11 | Class B
misdemeanor. A second or subsequent violation is a | ||||||
12 | Class 4 felony with every
day that a violation continues | ||||||
13 | constituting a separate offense. In addition to
any other | ||||||
14 | penalty provided by law, upon conviction for violating this | ||||||
15 | Section,
the court may order the convicted person to undergo a | ||||||
16 | psychological or
psychiatric evaluation and to undergo any | ||||||
17 | treatment at the convicted person's
expense that the court | ||||||
18 | determines to be appropriate after due consideration of
the | ||||||
19 | evaluation. If the convicted person is a juvenile, the court | ||||||
20 | must order the convicted person to undergo a psychological
or | ||||||
21 | psychiatric evaluation and to undergo treatment that the court | ||||||
22 | determines to
be appropriate after due consideration of the | ||||||
23 | evaluation. | ||||||
24 | Section 15. Cruel treatment. No person or owner may beat, |
| |||||||
| |||||||
1 | cruelly treat,
torment, starve, overwork or otherwise abuse any | ||||||
2 | equidae.
| ||||||
3 | No owner may abandon any equid where it may become a public | ||||||
4 | charge or
may suffer injury, hunger, or exposure.
| ||||||
5 | A person convicted of violating this Section is guilty of a | ||||||
6 | Class A
misdemeanor. A second or subsequent conviction for a | ||||||
7 | violation of this Section
is a Class 4 felony. In addition to | ||||||
8 | any other penalty provided by law, upon
conviction for | ||||||
9 | violating this Section, the court may order the convicted | ||||||
10 | person
to undergo a psychological or psychiatric evaluation and | ||||||
11 | to undergo any
treatment at the convicted person's expense that | ||||||
12 | the court determines to be
appropriate after due consideration | ||||||
13 | of the evidence. If the convicted person
is a juvenile, the | ||||||
14 | court must order the convicted
person to undergo a | ||||||
15 | psychological or psychiatric evaluation and to undergo
| ||||||
16 | treatment that the court determines to be appropriate after due | ||||||
17 | consideration
of the evaluation. | ||||||
18 | Section 20. Equid torture.
| ||||||
19 | (a) A person commits animal torture when that person | ||||||
20 | without legal
justification knowingly or intentionally | ||||||
21 | tortures an equid. For purposes of
this Section, and subject to | ||||||
22 | subsection (b), "torture" means infliction of or
subjection to | ||||||
23 | extreme physical pain, motivated by an intent to increase or
| ||||||
24 | prolong the pain, suffering, or agony of the equid.
| ||||||
25 | (b) For the purposes of this Section, "equid torture" does |
| |||||||
| |||||||
1 | not include
any death, harm, or injury caused to any equid by | ||||||
2 | any of the following
activities:
| ||||||
3 | (1) any hunting, fishing, trapping, or other activity | ||||||
4 | allowed under the
Wildlife Code, the Wildlife Habitat | ||||||
5 | Management Areas Act, or the Fish and
Aquatic Life Code;
| ||||||
6 | (2) any alteration or destruction of any equidae done | ||||||
7 | by any person or unit
of government pursuant to statute, | ||||||
8 | ordinance, court order, or the direction of
a licensed | ||||||
9 | veterinarian;
| ||||||
10 | (3) any alteration or destruction of any equid by any | ||||||
11 | person for any
legitimate purpose, including, but not | ||||||
12 | limited to: castration, culling,
ear cropping, euthanasia, | ||||||
13 | gelding, grooming, neutering,
polling, shearing, shoeing, | ||||||
14 | slaughtering, spaying, tail docking, and
vivisection; and
| ||||||
15 | (4) any other activity that may be lawfully done to an | ||||||
16 | equid.
| ||||||
17 | (c) A person convicted of violating this Section is guilty | ||||||
18 | of a Class 3
felony. As a condition of the sentence imposed | ||||||
19 | under this Section, the court
shall order the offender to | ||||||
20 | undergo a psychological or psychiatric evaluation
and to | ||||||
21 | undergo treatment that the court determines to be appropriate | ||||||
22 | after due
consideration of the evaluation. | ||||||
23 | Section 25. Depiction of equine cruelty.
| ||||||
24 | (a) "Depiction of equine cruelty" means any visual or | ||||||
25 | auditory depiction,
including any photograph, motion-picture |
| |||||||
| |||||||
1 | film, video recording, electronic
image, or
sound recording, | ||||||
2 | that would constitute a violation of this Act.
| ||||||
3 | (b) No person may knowingly create, sell, market, offer to | ||||||
4 | market or sell,
or possess a depiction of equine
cruelty. No | ||||||
5 | person may place that depiction in commerce for commercial gain | ||||||
6 | or
entertainment.
This
Section does not apply when the | ||||||
7 | depiction has religious, political,
scientific,
educational, | ||||||
8 | law enforcement or humane investigator training,
journalistic, | ||||||
9 | artistic, or historical value; or involves rodeos, sanctioned
| ||||||
10 | livestock
events, or normal husbandry practices.
| ||||||
11 | The creation, sale, marketing, offering to sell or market, | ||||||
12 | or possession of
the depiction of equine cruelty is
illegal
| ||||||
13 | regardless of whether the maiming, mutilation, torture, | ||||||
14 | wounding, abuse,
killing, or any
other conduct
took place in | ||||||
15 | this State.
| ||||||
16 | (c) Any person convicted of violating this Section is | ||||||
17 | guilty of a Class A
misdemeanor. A second or subsequent | ||||||
18 | violation is a Class 4 felony. In
addition to any other penalty | ||||||
19 | provided by law, upon conviction for violating
this Section,
| ||||||
20 | the court may order the convicted person to undergo a | ||||||
21 | psychological or
psychiatric
evaluation and to undergo any | ||||||
22 | treatment at the convicted person's expense that
the court
| ||||||
23 | determines to be appropriate after due consideration of the | ||||||
24 | evaluation. If the
convicted
person is a juvenile, the court | ||||||
25 | shall order the convicted person to undergo a
psychological
or | ||||||
26 | psychiatric evaluation and to undergo treatment that the court |
| |||||||
| |||||||
1 | determines to
be
appropriate after due consideration of the | ||||||
2 | evaluation. | ||||||
3 | Section 30. Equidae in entertainment.
| ||||||
4 | (a) No person may own, capture, breed, train, or lease any | ||||||
5 | equid that he
or she knows or should know is intended for use | ||||||
6 | in any show, exhibition,
program, or other activity featuring | ||||||
7 | or otherwise involving a fight between
such equidae and any | ||||||
8 | other animal or human, or the intentional killing of any
equid | ||||||
9 | for the purpose of sport, wagering, or entertainment.
| ||||||
10 | (b) No person shall promote, conduct, carry on, advertise, | ||||||
11 | collect money for
or in any other manner assist or aid in the | ||||||
12 | presentation for purposes of sport,
wagering, or | ||||||
13 | entertainment, any show, exhibition, program, or other | ||||||
14 | activity
involving a fight between 2 or more equidae or any | ||||||
15 | animal and human, or the
intentional killing of any equid.
| ||||||
16 | (c) No person shall sell or offer for sale, ship, | ||||||
17 | transport, or otherwise
move, or deliver or receive any equidae | ||||||
18 | that he or she knows or should know
has been captured, bred, or | ||||||
19 | trained, or will be used, to fight another animal
or human or | ||||||
20 | be intentionally killed, for the purpose of sport, wagering, or
| ||||||
21 | entertainment.
| ||||||
22 | (d) No person shall manufacture for sale, shipment, | ||||||
23 | transportation
or delivery any device or equipment which that | ||||||
24 | person knows or should know
is intended for use in any show, | ||||||
25 | exhibition, program, or other activity
featuring or otherwise |
| |||||||
| |||||||
1 | involving a fight between 2 or more equidae, or any
human and | ||||||
2 | equidae, or the intentional killing of any equid for purposes | ||||||
3 | of
sport, wagering, or entertainment.
| ||||||
4 | (e) No person shall own, possess, sell or offer for sale, | ||||||
5 | ship,
transport, or otherwise move any equipment or device | ||||||
6 | which such person
knows or should know is intended for use in | ||||||
7 | connection with any show,
exhibition, program, or activity | ||||||
8 | featuring or otherwise involving a fight
between 2 or more | ||||||
9 | equidae, or any equid and human, or the intentional
killing of | ||||||
10 | any equid for purposes of sport, wagering, or entertainment.
| ||||||
11 | (f) No person shall make available any site, structure, or | ||||||
12 | facility,
whether enclosed or not, which he or she knows or | ||||||
13 | should know is intended
to be used for the purpose of | ||||||
14 | conducting any show, exhibition, program, or
other activity | ||||||
15 | involving a fight between 2 or more equidae, or any equid and
| ||||||
16 | human, or the intentional killing of any equid.
| ||||||
17 | (g) No person shall attend or otherwise patronize any show, | ||||||
18 | exhibition,
program, or other activity featuring or otherwise | ||||||
19 | involving a fight between
2 or more equidae, or any equidae and | ||||||
20 | human, or the intentional killing of
any equidae for the | ||||||
21 | purposes of sport, wagering, or entertainment.
| ||||||
22 | (h) Any equidae or equipment involved in a violation of | ||||||
23 | this Section shall
be immediately seized and impounded by the | ||||||
24 | Department when
located at any show, exhibition, program, or | ||||||
25 | other activity featuring or
otherwise involving an equidae | ||||||
26 | fight for the purposes of sport, wagering, or
entertainment.
|
| |||||||
| |||||||
1 | (i) Any vehicle or conveyance other than a common carrier | ||||||
2 | that is used
in violation of this Section shall be seized, | ||||||
3 | held, and offered for sale at
public auction by the sheriff's | ||||||
4 | department of the proper jurisdiction, and
the proceeds from | ||||||
5 | the sale shall be remitted to the general fund of the
county | ||||||
6 | where the violation took place.
| ||||||
7 | (j) Any veterinarian in this State who is presented with an | ||||||
8 | equidae for
treatment of injuries or wounds resulting from | ||||||
9 | fighting where there is a
reasonable possibility that the | ||||||
10 | equidae was engaged in or used for a
fighting event for the | ||||||
11 | purposes of sport, wagering, or entertainment shall
file a | ||||||
12 | report with the Department and cooperate by furnishing the | ||||||
13 | owners'
names, dates, and descriptions of the equidae involved. | ||||||
14 | Any
veterinarian who in good faith complies with the | ||||||
15 | requirements of this
subsection has immunity from any | ||||||
16 | liability, civil, criminal, or otherwise,
that may result from | ||||||
17 | his or her actions. For the purposes of any proceedings,
civil | ||||||
18 | or criminal, the good faith of the veterinarian shall be | ||||||
19 | rebuttably
presumed.
| ||||||
20 | (k) No person shall solicit a minor to violate this | ||||||
21 | Section.
| ||||||
22 | (l) The penalties for violations of this Section shall be | ||||||
23 | as follows:
| ||||||
24 | (1) A person convicted of violating subsection (a), | ||||||
25 | (b), or (c) of this
Section or any rule, regulation, or | ||||||
26 | order of the Department pursuant thereto
is guilty of a |
| |||||||
| |||||||
1 | Class 4 felony for the first offense. A second or
| ||||||
2 | subsequent offense involving the violation of subsection | ||||||
3 | (a), (b), or (c) of
this Section or any rule, regulation, | ||||||
4 | or order of the Department pursuant
thereto is a Class 3 | ||||||
5 | felony.
| ||||||
6 | (2) A person convicted of violating subsection (d), | ||||||
7 | (e), or (f) of this
Section or any rule, regulation, or | ||||||
8 | order of the Department pursuant thereto
is guilty of a | ||||||
9 | Class A misdemeanor for the first offense. A second or
| ||||||
10 | subsequent violation is a Class 4 felony.
| ||||||
11 | (3) A person convicted of violating subsection (g) of | ||||||
12 | this Section or
any rule, regulation, or order of the | ||||||
13 | Department pursuant thereto is guilty
of a Class C | ||||||
14 | misdemeanor.
| ||||||
15 | (4) A person convicted of violating subsection (l) of | ||||||
16 | this Section is
guilty of a Class A misdemeanor. | ||||||
17 | Section 35. Arrests; reports.
| ||||||
18 | (a) Any law enforcement officer making an arrest for an | ||||||
19 | offense involving
one or more animals under Section 30 of this | ||||||
20 | Act shall lawfully take possession of all equidae and all
| ||||||
21 | paraphernalia, implements, or other property or things used or | ||||||
22 | employed, or
about to be employed, in the violation of any of | ||||||
23 | the provisions of Section
30 of this Act. When a
law | ||||||
24 | enforcement officer has
taken possession of such equidae, | ||||||
25 | paraphernalia, implements, or other property
or things, he or |
| |||||||
| |||||||
1 | she shall file with the court before whom the complaint is
made | ||||||
2 | against any person so arrested an affidavit stating therein the | ||||||
3 | name of
the person charged in the complaint, a description of | ||||||
4 | the property so taken
and the time and place of the taking | ||||||
5 | thereof together with the name of the
person from whom the same | ||||||
6 | was taken and name of the person who claims to own
such | ||||||
7 | property, if different from the person from whom the equidae
| ||||||
8 | were seized and if known, and that the affiant has reason to | ||||||
9 | believe and does
believe, stating the ground of the belief, | ||||||
10 | that the equidae and
property so taken were used or employed, | ||||||
11 | or were about to be used or employed,
in a violation of Section | ||||||
12 | 30 of this Act. He or she shall thereupon deliver an inventory | ||||||
13 | of the property
so taken to the court of competent | ||||||
14 | jurisdiction. A law enforcement officer may
humanely euthanize | ||||||
15 | equidae that are severely injured.
| ||||||
16 | An owner whose equidae are removed for a violation of | ||||||
17 | Section
30 of this Act must be given
written notice of the | ||||||
18 | circumstances of the removal and of any legal remedies
| ||||||
19 | available to him or her. The notice must be posted at the place | ||||||
20 | of seizure or
delivered to a person residing at the place of | ||||||
21 | seizure or, if the address of
the owner is different from the | ||||||
22 | address of the person from whom the equidae were seized, | ||||||
23 | delivered by registered mail to his or her last known
address.
| ||||||
24 | Upon the conviction of the person so charged, all equidae | ||||||
25 | shall
be adopted or humanely euthanized and property so seized | ||||||
26 | shall be adjudged by
the court to be forfeited. Any outstanding |
| |||||||
| |||||||
1 | costs incurred by the impounding
facility in boarding and | ||||||
2 | treating the equidae pending the
disposition of the case and | ||||||
3 | disposing of the equidae upon a
conviction must be borne by the | ||||||
4 | person convicted. In no event may the
equidae be adopted by the | ||||||
5 | defendant or anyone residing in his or
her household. If the | ||||||
6 | court finds that the State either failed to prove the
criminal | ||||||
7 | allegations or failed to prove that the equidae were
used in | ||||||
8 | fighting, the court must direct the delivery of the equidae and | ||||||
9 | the other property not previously forfeited to the owner of the
| ||||||
10 | equidae and property.
| ||||||
11 | Any person authorized by this Section to care for an | ||||||
12 | equidae, to
treat an equidae, or to attempt to restore an | ||||||
13 | equidae
to good health and who is acting in good faith is | ||||||
14 | immune from any civil or
criminal liability that may result | ||||||
15 | from his or her actions.
| ||||||
16 | An animal control warden, animal control administrator, | ||||||
17 | animal shelter
employee, or approved humane investigator may | ||||||
18 | humanely euthanize severely
injured, diseased, or suffering | ||||||
19 | equidae in exigent circumstances.
| ||||||
20 | (b) Any veterinarian in this State who is presented with an | ||||||
21 | equid
for treatment of injuries or wounds resulting from | ||||||
22 | fighting where there is
a reasonable possibility that the equid | ||||||
23 | was engaged in or used for a
fighting event shall file a report | ||||||
24 | with the Department and cooperate by
furnishing the owners' | ||||||
25 | names, date of receipt of the equid and
treatment administered, | ||||||
26 | and descriptions of the equid involved.
Any veterinarian who in |
| |||||||
| |||||||
1 | good faith makes a report, as required by this
subsection (b), | ||||||
2 | is immune from any liability, civil, criminal, or otherwise,
| ||||||
3 | resulting from his or her actions. For the purposes of any | ||||||
4 | proceedings, civil
or criminal, the good faith of any such | ||||||
5 | veterinarian shall be presumed. | ||||||
6 | Section 40. Teasing, striking, or tampering with police | ||||||
7 | equidae. It shall be unlawful for any
person to willfully and | ||||||
8 | maliciously taunt, torment, tease, beat, strike, or
administer | ||||||
9 | or subject any desensitizing drugs, chemicals or substance to | ||||||
10 | any equid used by a law enforcement officer in the performance | ||||||
11 | of his or her
functions or duties, or when placed in | ||||||
12 | confinement off duty or any police equid in training. It is | ||||||
13 | unlawful for any person to interfere or
meddle with any equidae | ||||||
14 | used by a law enforcement department or agency or
any handler | ||||||
15 | thereof in the performance of the functions or duties of the
| ||||||
16 | department or agency
or any law enforcement equidae in | ||||||
17 | training.
| ||||||
18 | Any person convicted of violating this Section is guilty of | ||||||
19 | a Class A
misdemeanor. A second or subsequent violation is a | ||||||
20 | Class 4 felony. | ||||||
21 | Section 45. Injuring or killing police equidae.
It shall | ||||||
22 | be unlawful for any person to willfully or maliciously torture,
| ||||||
23 | mutilate, injure, disable, poison, or kill any equid used by a | ||||||
24 | law
enforcement department or agency in the performance of the |
| |||||||
| |||||||
1 | functions or duties
of the department or agency or when placed | ||||||
2 | in confinement off duty or any law enforcement equidae in | ||||||
3 | training. However, a police officer or
veterinarian may perform | ||||||
4 | euthanasia in emergency situations when delay would
cause the | ||||||
5 | equid undue suffering and pain.
| ||||||
6 | A person convicted of violating this Section is guilty of a | ||||||
7 | Class 4
felony if the equid is not killed or totally disabled; | ||||||
8 | if
the equid is killed or totally disabled, the person is | ||||||
9 | guilty of a Class 3 felony. | ||||||
10 | Section 50. Lame or disabled equidae. No person shall sell, | ||||||
11 | offer to sell,
lead, ride, transport, or drive on any public | ||||||
12 | way any equidae which, because
of debility, disease, lameness | ||||||
13 | or any other cause, could not be worked in
this State without | ||||||
14 | violating this Act. Such equidae may
be conveyed to a proper | ||||||
15 | place for medical or surgical treatment
or for humane
keeping | ||||||
16 | or euthanasia.
| ||||||
17 | A person convicted of violating this Section or any rule, | ||||||
18 | regulation, or
order of the Department pursuant thereto is | ||||||
19 | guilty of a Class A misdemeanor.
A second or subsequent | ||||||
20 | violation is a Class 4 felony. | ||||||
21 | Section 55. Equidae poling or tripping.
| ||||||
22 | (a) As used in this Section:
| ||||||
23 | "Pole" means to use a method of training an equidae that | ||||||
24 | consists of
(i) forcing, persuading, or enticing an equid to |
| |||||||
| |||||||
1 | jump so that one or more of
its legs contacts an obstruction | ||||||
2 | consisting of any kind of wire, or a pole,
stick, rope, or | ||||||
3 | other object in which is embedded brads, nails, tacks, or other
| ||||||
4 | sharp points or (ii) raising, throwing, or moving a pole, | ||||||
5 | stick, wire, rope,
or other object against one or more legs of | ||||||
6 | an equid while it is jumping an
obstruction so that the | ||||||
7 | equidae, in either case, is induced to raise its leg or
legs | ||||||
8 | higher in order to clear the obstruction.
| ||||||
9 | "Trip" means to use a wire, rope, pole, stick, or other | ||||||
10 | object or apparatus
to cause an equid to fall or lose its | ||||||
11 | balance.
| ||||||
12 | (b) No person may knowingly pole or trip an equid by any | ||||||
13 | means for
entertainment or sport purposes.
| ||||||
14 | (c) This Section does not prohibit the lawful laying down | ||||||
15 | of an equid for
medical or identification purposes.
| ||||||
16 | (d) A person convicted of violating this Section is guilty | ||||||
17 | of a Class A
misdemeanor. A second or subsequent violation of | ||||||
18 | this Section is a Class 4
felony. | ||||||
19 | Section 60. Poisoning prohibited. No person may knowingly | ||||||
20 | poison or cause
to be poisoned any equid. The only exception | ||||||
21 | will be
by written permit from the Department for the purpose | ||||||
22 | of controlling diseases
transmissible to humans or other | ||||||
23 | animals and only when all other methods and
means have been | ||||||
24 | exhausted. Such a written permit shall name the person or
| ||||||
25 | persons conducting the poisoning, specify the products to be |
| |||||||
| |||||||
1 | used, give the
boundaries of the area involved, and specify the | ||||||
2 | precautionary measures to be
employed to insure the safety of | ||||||
3 | humans and other animals.
| ||||||
4 | This Section does not prohibit the use of a euthanasia drug | ||||||
5 | by a
euthanasia agency for the purpose of animal euthanasia, | ||||||
6 | provided that the
euthanasia drug is used by or under the | ||||||
7 | direction of a licensed veterinarian
or certified euthanasia | ||||||
8 | technician, all as defined in and subject to the
Humane | ||||||
9 | Euthanasia in Animal Shelters Act.
| ||||||
10 | A person convicted of violating this Section or any rule, | ||||||
11 | regulation, or
order of the Department pursuant thereto is | ||||||
12 | guilty of a Class A misdemeanor.
A second or subsequent | ||||||
13 | violation is a Class 4 felony. | ||||||
14 | Section 65. Confinement or detention during | ||||||
15 | transportation.
No owner, railroad or other common carrier | ||||||
16 | may,
when transporting any equid, allow that equid to be | ||||||
17 | confined in any type of
conveyance more than 28 consecutive | ||||||
18 | hours without being exercised as necessary
for that equid and | ||||||
19 | without being properly rested, fed, and
watered; except that a | ||||||
20 | reasonable extension of this time limit shall be granted
when a | ||||||
21 | storm or accident causes a delay. In the case of default of the | ||||||
22 | owner
or consignee, the company transporting the equid shall | ||||||
23 | exercise the equid,
when necessary for the equid and for the | ||||||
24 | proper resting,
feeding, watering, and sheltering of such | ||||||
25 | equid, and shall have a lien upon the
equid until all expenses |
| |||||||
| |||||||
1 | resulting therefrom have been paid.
| ||||||
2 | Any person who intentionally or negligently without | ||||||
3 | jurisdiction of law
detains a shipment of equidae long enough | ||||||
4 | to endanger the health or safety of
the equidae is liable to | ||||||
5 | the owner for any diminution in the value or death
of the | ||||||
6 | equidae.
| ||||||
7 | Authorities detaining an equidae shipment shall give | ||||||
8 | priority to the
health and safety of the equidae and shall | ||||||
9 | expeditiously handle any legal
violation so that the intact | ||||||
10 | shipment may safely reach its designated
destination.
| ||||||
11 | A person convicted of violating this Section or any rule, | ||||||
12 | regulation, or
order of the Department pursuant thereto, is | ||||||
13 | guilty of a Class B misdemeanor.
A second or subsequent | ||||||
14 | violation is a Class 4 felony, with every day that a
violation | ||||||
15 | continues constituting a separate offense. | ||||||
16 | Section 70. Confinement in motor vehicle.
No owner or | ||||||
17 | person shall confine any equid in a motor vehicle
in such a | ||||||
18 | manner that places it in a life or health threatening
situation | ||||||
19 | by exposure to a prolonged period of extreme heat or cold, | ||||||
20 | without
proper ventilation or other protection from such heat | ||||||
21 | or cold. In order to
protect the health and safety of an equid, | ||||||
22 | an animal control officer, law
enforcement officer, or | ||||||
23 | Department investigator who has probable cause to
believe that | ||||||
24 | this Section is being violated shall have authority to enter | ||||||
25 | such
motor vehicle by any reasonable means under the |
| |||||||
| |||||||
1 | circumstances after making a
reasonable effort to locate the | ||||||
2 | owner or other person responsible.
| ||||||
3 | A person convicted of violating this Section is guilty of a | ||||||
4 | Class C
misdemeanor. A second or subsequent violation is a | ||||||
5 | Class B misdemeanor. | ||||||
6 | Section 75. Downed equidae.
| ||||||
7 | (a) For the purpose of this Section a downed equid is one | ||||||
8 | incapable of
walking without assistance.
| ||||||
9 | (b) No downed equid shall be sent to a stockyard, auction, | ||||||
10 | or other
facility where its impaired mobility may result in | ||||||
11 | suffering.
| ||||||
12 | (c) A downed equid sent to a stockyard, auction, or other | ||||||
13 | facility in
violation of this Section shall be humanely | ||||||
14 | euthanized, the disposition of such
equid shall be the | ||||||
15 | responsibility of the owner, and the owner shall be liable
for | ||||||
16 | any expense incurred.
| ||||||
17 | If an equid becomes downed in transit it shall be the | ||||||
18 | responsibility of the
carrier.
| ||||||
19 | (d) A downed equid shall not be transported unless | ||||||
20 | individually
segregated.
| ||||||
21 | (e) A person convicted of violating this Section or any | ||||||
22 | rule,
regulation, or order of the Department pursuant thereto | ||||||
23 | is guilty of a
Class B misdemeanor. A second or subsequent | ||||||
24 | violation is a Class 4 felony,
with every day that a violation | ||||||
25 | continues constituting a separate offense. |
| |||||||
| |||||||
1 | Section 80. Administration of Act. The Department shall | ||||||
2 | administer this Act and shall promulgate such rules
and | ||||||
3 | regulations as are necessary to effectuate the purposes of this | ||||||
4 | Act.
| ||||||
5 | The Director may, in formulating rules and regulations | ||||||
6 | pursuant to this
Act, seek the advice and recommendations of | ||||||
7 | equine societies in this State. | ||||||
8 | Section 85. Humane investigators; qualifications. The | ||||||
9 | Department shall, by rule or regulation, establish reasonable
| ||||||
10 | qualifications for approved humane investigators and shall | ||||||
11 | maintain a
current listing of all approved humane investigators | ||||||
12 | which shall be
available for public inspection. These | ||||||
13 | qualifications shall
include, but
need not be limited to, a | ||||||
14 | knowledge of the provisions of this Act and its rules and | ||||||
15 | regulations and expertise in the
investigation of complaints | ||||||
16 | relating to the care and treatment of equidae.
Persons | ||||||
17 | designated as humane investigators shall cooperate, when | ||||||
18 | requested,
in
completing routine investigations and filing | ||||||
19 | reports of violations of this Act
received by the Department.
| ||||||
20 | Employees of the Department may be assigned as Department | ||||||
21 | investigators. | ||||||
22 | Section 90. Investigation of complaints.
| ||||||
23 | (a) Upon receiving a complaint of a suspected violation of |
| |||||||
| |||||||
1 | this Act, a
Department investigator, any law enforcement | ||||||
2 | official, or an approved
humane investigator may, for the | ||||||
3 | purpose of investigating the allegations
of the complaint, | ||||||
4 | enter during normal business hours upon any premises
where the | ||||||
5 | equidae described in the complaint are housed or kept,
provided | ||||||
6 | such entry shall not be made into any building which is a | ||||||
7 | person's
residence, except by search warrant or court order.
| ||||||
8 | Institutions operating under federal license to conduct | ||||||
9 | laboratory
experimentation using equidae for research or | ||||||
10 | medical purposes are,
however, exempt from the provisions of | ||||||
11 | this Section. State's Attorneys and
law enforcement officials | ||||||
12 | shall provide such assistance as may be required
in the conduct | ||||||
13 | of such investigations. Any such investigation requiring
legal | ||||||
14 | procedures shall be immediately reported to the Department.
No | ||||||
15 | employee or representative of the Department shall enter a | ||||||
16 | livestock
management facility unless sanitized footwear is | ||||||
17 | used, or unless the owner
or operator of the facility waives | ||||||
18 | this requirement. The employee or
representative must also use | ||||||
19 | any other reasonable disease prevention
procedures or | ||||||
20 | equipment provided by the owner or operator of the facility.
| ||||||
21 | (b) Any veterinarian acting in good faith is immune
from | ||||||
22 | any civil or criminal liability resulting from his or her | ||||||
23 | actions under
this
Section. The good faith on the part of the
| ||||||
24 | veterinarian is presumed. | ||||||
25 | Section 95. Notice of violation. |
| |||||||
| |||||||
1 | (a) If an investigation discloses that a
violation of this | ||||||
2 | Act has been committed, the approved humane investigator
shall | ||||||
3 | furnish the
violator, if known, with a notice of violation, and | ||||||
4 | state what action
is necessary to come into compliance with | ||||||
5 | this Act and that a maximum of
48 hours may be granted in which | ||||||
6 | to take corrective action.
| ||||||
7 | (b) If the violator fails or refuses to take corrective | ||||||
8 | action necessary
for compliance or if the violator is still | ||||||
9 | unknown after an attempt to identify
ownership, the humane | ||||||
10 | investigator shall contact the Department and request
| ||||||
11 | authorization to impound the equidae. The Department will | ||||||
12 | authorize
impoundment if a review of facts gathered by the | ||||||
13 | humane investigator indicates
a violation of Section 10 of this | ||||||
14 | Act has occurred and the violator, if known,
has failed or | ||||||
15 | refused to take corrective action necessary for compliance.
| ||||||
16 | Section 100. Impounding equidae.
| ||||||
17 | (a) When an approved humane investigator, a Department | ||||||
18 | investigator or a
veterinarian finds that a violation of this | ||||||
19 | Act has rendered an equid in
such a condition that no remedy or | ||||||
20 | corrective action by the owner is
possible, the Department must | ||||||
21 | impound or order the impoundment of the equid.
If the violator
| ||||||
22 | fails or refuses to
take corrective action necessary for | ||||||
23 | compliance with this Act,
the Department may impound the equid. | ||||||
24 | If the equid is ordered
impounded, it
shall be impounded in a
| ||||||
25 | facility or at another location where the
elements of good care |
| |||||||
| |||||||
1 | can be
provided, and where such
equid shall be examined and | ||||||
2 | treated by a licensed veterinarian or, if
the equid is severely | ||||||
3 | injured, diseased, or suffering, humanely euthanized.
Any | ||||||
4 | expense incurred in the impoundment shall become a lien on the | ||||||
5 | equid.
| ||||||
6 | (b) Emergency impoundment may be exercised in a | ||||||
7 | life-threatening situation
and the subject equid shall be | ||||||
8 | conveyed directly to a licensed veterinarian
for medical | ||||||
9 | services necessary to sustain life or to be humanely euthanized | ||||||
10 | as
determined by the veterinarian. If such emergency procedure | ||||||
11 | is taken by an
animal control officer, the Department shall be | ||||||
12 | notified.
| ||||||
13 | (c) A notice of impoundment shall be given by the | ||||||
14 | investigator
to the violator, if known, in person or sent by | ||||||
15 | certified or registered
mail.
If the investigator is not able | ||||||
16 | to serve the violator in person or by
registered or
certified | ||||||
17 | mail, the notice may be given by publication in a newspaper of
| ||||||
18 | general
circulation in the county in which the violator's last | ||||||
19 | known address is
located.
A copy of the notice shall be | ||||||
20 | retained by the investigator
and a copy forwarded immediately | ||||||
21 | to the Department. The notice of impoundment
shall include the | ||||||
22 | following:
| ||||||
23 | (1) A number assigned by the Department which will also | ||||||
24 | be given to the
impounding facility accepting the | ||||||
25 | responsibility of the
equidae.
| ||||||
26 | (2) Listing of deficiencies noted.
|
| |||||||
| |||||||
1 | (3) An accurate description of the equidae involved.
| ||||||
2 | (4) Date on which the equidae were impounded.
| ||||||
3 | (5) Signature of the investigator.
| ||||||
4 | (6) A statement that: "The violator may request a | ||||||
5 | hearing to appeal the
impoundment. A person desiring a | ||||||
6 | hearing shall contact the Department of
Agriculture within | ||||||
7 | 7 days from the date of impoundment" and the Department
| ||||||
8 | must hold an administrative hearing within 7 business days
| ||||||
9 | after receiving a request
to appeal the impoundment. If the | ||||||
10 | hearing cannot be held prior to the
expiration
of the 7-day | ||||||
11 | impoundment period, the Department shall notify the | ||||||
12 | impounding
facility that it cannot sell, offer for | ||||||
13 | adoption, or dispose of the equidae until a final
decision | ||||||
14 | is rendered and all of the appeal processes have expired.
| ||||||
15 | If a hearing is requested by any owner of impounded | ||||||
16 | equidae, the Hearing
Officer shall, after hearing the testimony | ||||||
17 | of all
interested
parties, render a decision within 5 business | ||||||
18 | days regarding
the disposition of the impounded equidae.
This | ||||||
19 | decision by the Hearing Officer shall have no effect on the | ||||||
20 | criminal
charges that may be filed with the appropriate | ||||||
21 | authorities.
| ||||||
22 | If an owner of an animal used for fighting purposes
| ||||||
23 | requests a hearing, the animal control having
control of the | ||||||
24 | equid may file a petition with the court in the
county where | ||||||
25 | the impoundment took place requesting that the person from whom
| ||||||
26 | the equidae were seized or the owner of the equidae be
ordered |
| |||||||
| |||||||
1 | to post security pursuant to this Act.
| ||||||
2 | If the court orders the posting of security, the security | ||||||
3 | must be posted
with the clerk of the court within 5 business | ||||||
4 | days after the hearing. If the
person ordered to post security | ||||||
5 | does not do so, the court must order the
Department of | ||||||
6 | Agriculture to hold a hearing on the impoundment within 5
| ||||||
7 | business days. If, upon final administrative or judicial | ||||||
8 | determination, it is
found that it is not in the best
interest | ||||||
9 | of the equidae to be returned to the person from whom
they were | ||||||
10 | seized, the equidae are forfeited to the animal control or
| ||||||
11 | having control of the equidae. If no petition for the
posting | ||||||
12 | of security is filed or a
petition was filed and granted but | ||||||
13 | the person failed to post security, any
expense incurred in the | ||||||
14 | impoundment shall remain outstanding until satisfied by
the | ||||||
15 | owner or the person from whom the equidae were impounded.
| ||||||
16 | When
the impoundment is not appealed, the equidae are | ||||||
17 | forfeited and the
animal control in charge of the equidae may
| ||||||
18 | lawfully
and without liability provide for adoption of the | ||||||
19 | equidae by a person
other than the person who forfeited the | ||||||
20 | equidae, or any person or
persons dwelling in the same | ||||||
21 | household as the person who forfeited the equidae, or it may | ||||||
22 | humanely euthanize the equidae. | ||||||
23 | Section 105. Scope of Act. Nothing in this Act affects | ||||||
24 | normal, good husbandry practices used
by any person in the | ||||||
25 | production of food, work animals, or
in the extermination of |
| |||||||
| |||||||
1 | undesirable pests. In case of any alleged
conflict between this | ||||||
2 | Act, or regulations adopted hereunder, and the
Humane Care for | ||||||
3 | Animals Act, the provisions of this Act shall prevail. | ||||||
4 | Section 110. Judicial review. Any person affected by a | ||||||
5 | final administrative decision of the Department
may have such | ||||||
6 | decision reviewed judicially by the circuit court of the
county | ||||||
7 | wherein the person resides, or in the case of a corporation, | ||||||
8 | the
county where its registered office is located. If the | ||||||
9 | plaintiff in the
review proceeding is not a resident of this | ||||||
10 | State, the venue shall be in
Sangamon County. The | ||||||
11 | Administrative Review Law, and
all amendments and | ||||||
12 | modifications thereof, and the rules adopted pursuant
thereto, | ||||||
13 | apply to and govern all proceedings for the judicial review of
| ||||||
14 | final administrative decisions of the Department hereunder. | ||||||
15 | The term
"administrative decision" is defined in Section 3-101 | ||||||
16 | of the Code of Civil Procedure.
| ||||||
17 | The Department may not be required to certify the record of | ||||||
18 | the
proceeding unless the plaintiff in the review proceedings | ||||||
19 | first pays the
sum of 75ยข per page of such record. Exhibits | ||||||
20 | shall be certified without
cost. | ||||||
21 | Section 115. Severability. If any provision of this Act is | ||||||
22 | declared unconstitutional, or the
applicability thereof to any | ||||||
23 | person or circumstance is held invalid, by a
court of competent | ||||||
24 | jurisdiction, the constitutionality of the remainder of
this |
| |||||||
| |||||||
1 | Act and the applicability thereof to other persons and | ||||||
2 | circumstances
shall not be affected thereby. | ||||||
3 | Section 120. Defenses. It is not a defense to violations of | ||||||
4 | this Act for the
person committing
the violation to assert that | ||||||
5 | he or she had rights of ownership in the equidae
that was the | ||||||
6 | victim of the violation. | ||||||
7 | Section 125. Corporations. Corporations may be charged | ||||||
8 | with violations of
this Act for the acts of their employees or | ||||||
9 | agents who violate this Act in the
course of their employment | ||||||
10 | or agency. | ||||||
11 | Section 130. Emergency care to an equid; immunity from | ||||||
12 | civil liability. Any person, including without limitation any | ||||||
13 | person licensed under the Veterinary Medicine and Surgery | ||||||
14 | Practice Act of 2004 or licensed as a veterinarian in any other | ||||||
15 | state or territory of the United States, who in good faith | ||||||
16 | provides emergency care or treatment without fee to an injured | ||||||
17 | equid or an equid separated from its owner due to an emergency | ||||||
18 | or a disaster is not liable for civil damages as a result of | ||||||
19 | his or her acts or omissions in providing or arranging further | ||||||
20 | care or treatment, except for willful or wanton misconduct. | ||||||
21 | Section 135. Penalties. | ||||||
22 | (a) Any person convicted of any act of abuse or neglect
or |
| |||||||
| |||||||
1 | of violating any other provision of this Act,
for which a | ||||||
2 | penalty is not otherwise provided, or any rule, regulation, or | ||||||
3 | order of the Department pursuant thereto, is
guilty of a Class | ||||||
4 | B misdemeanor. A second or subsequent violation
is a Class 4 | ||||||
5 | felony with every day that a violation continues
constituting a | ||||||
6 | separate offense. | ||||||
7 | (b) The Department may enjoin a person from a continuing | ||||||
8 | violation of this Act.
| ||||||
9 | Section 280. The Humane Care for Animals Act is amended by | ||||||
10 | changing Section 2.01 as follows:
| ||||||
11 | (510 ILCS 70/2.01) (from Ch. 8, par. 702.01)
| ||||||
12 | Sec. 2.01.
| ||||||
13 | "Animal" means every living creature, domestic or wild, but | ||||||
14 | does not
include man and does not include equidae protected | ||||||
15 | under the Equine Welfare Act .
| ||||||
16 | (Source: P.A. 78-905.)
| ||||||
17 | (510 ILCS 70/5 rep.)
| ||||||
18 | (510 ILCS 70/5.01 rep.)
| ||||||
19 | Section 285. The Humane Care for Animals Act is amended by | ||||||
20 | repealing Sections 5 and 5.01.
|