96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5790


 
Introduced 2/10/2010, by Rep. Karen A. Yarbrough
 
SYNOPSIS AS INTRODUCED:
 		





 








720 ILCS 5/26-5










     Amends the Criminal Code of 1961.  Increases the penalty for a  parent, legal guardian, or other person who is 18 years of age or older who brings a person under 13 years of age to a dog fighting show, exhibition, program, or other activity from a Class 4 to a Class 3 felony for a first violation and from a Class 3 to a Class 2 felony for a second or subsequent violation.  Provides that a person is guilty of a Class 3 (rather than a Class 4) felony for a first violation and a Class 2 felony for a second or subsequent violation if the person conducts the dog fighting show 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. Provides that a person who ties or attaches or fastens 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 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.
  















LRB096 16744 RLC 33899 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB5790

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    AN ACT concerning criminal law.
  
 
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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 Criminal Code of 1961 is amended  by changing 
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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 
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apply to dog
fighting, see the Humane Care for Animals Act.  For 
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provisions similar to this
Section that apply to animals other 
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than dogs, see in particular Section 4.01
of the Humane Care 
11
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, 
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exhibition, program, or other activity featuring or otherwise

15
involving a fight between the dog and any other animal or 
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human, or the
intentional killing of any dog for the purpose of 
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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 
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of
any show, exhibition, program, or other activity involving
a 
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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 
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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

5
purposes of sport, wagering, or entertainment.

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    (c-5) No person may solicit a minor to violate this 
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Section.

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    (d) No person may manufacture for sale, shipment, 
9
transportation,
or delivery any device or equipment which he or 
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she knows or should know
is intended for use in any show, 
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exhibition, program, or other activity
featuring or otherwise 
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involving a fight between 2 or more dogs, or any
human and dog, 
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or the intentional killing of any dog for purposes of
sport, 
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wagering, or entertainment.

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    (e) No person may own, possess, sell or offer for sale, 
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ship,
transport, or otherwise move any equipment or device 
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which he or she
knows or should know is intended for use in 
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connection with any show,
exhibition, program, or activity 
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featuring or otherwise involving a fight
between 2 or more 
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dogs, or any dog and human, or the intentional
killing of any 
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dog for purposes of sport, wagering or entertainment.

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    (f) No person may knowingly make available any site, 
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structure, or
facility, whether enclosed or not, that he or she 
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knows is intended to be
used for the purpose of conducting any 
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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, 
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distribute, or
deliver fittings to be used in a fight between 2 
3
or more dogs or a dog and
human.

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    (g) No person may knowingly attend or otherwise patronize 
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any show, exhibition,
program, or other activity featuring or 
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otherwise involving a fight between
2 or more dogs, or any dog 
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and human, or the intentional killing of
any dog for purposes 
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of sport, wagering, or entertainment.

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    (h) No person may tie or attach or fasten any live animal 
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to any
machine or device propelled by any power for the purpose 
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of causing the
animal to be pursued by a dog or dogs.  This 
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subsection (h) applies only
when the dog is intended to be used 
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in a dog fight.

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    (i) Penalties for violations of this Section shall be as 
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follows:


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        (1) Any person convicted of violating subsection (a), 
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    (b), or (c), or (h)
of this Section is guilty of a Class
4 
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    felony for a first violation and a
Class
3 felony for a 
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    second or subsequent violation, and may be fined an
amount 
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    not to exceed $50,000.


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        (1.5) A person who knowingly owns a dog for fighting 
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    purposes or for
producing a fight between 2 or more dogs or 
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    a dog and human or who knowingly
offers for sale or sells a 
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    dog bred for fighting is guilty of a Class
3 felony
and may 
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    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 
 


 






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    is present:


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            (i) the dogfight is performed in the presence of a 
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        person under 18
years of age;


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            (ii) the dogfight is performed for the purpose of 
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        or in the presence
of illegal wagering activity; or


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            (iii) the dogfight is performed in furtherance of 
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        streetgang related
activity as defined in Section 10 of 
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        the Illinois Streetgang Terrorism Omnibus
Prevention 
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        Act.


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        (1.7) A person convicted of violating subsection (c-5) 
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    of this Section
is guilty of a Class 4 felony.


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        (2) Any person convicted of violating subsection (d) or 
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    (e) of this
Section is guilty of a
Class 4 felony for a 
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    first violation.
A second or subsequent violation of 
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    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) 
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    of this Section
is guilty of a Class
4 felony. Any person  
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    convicted of violating  subsection (f) of this Section in 
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    which the site, structure, or facility made available to 
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    violate subsection (f) is located within 1,000 feet of a 
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    school, public park, playground, child care institution, 
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    day care center, part day child care facility, day care 
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    home, group day care home, or a facility providing programs 
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    or services
exclusively directed toward persons under 18 
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    years of age is guilty of a Class 3 felony for a first 
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    violation and a Class 2 felony for a second or subsequent 
 


 






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    violation.


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        (3) Any person convicted of violating subsection (g) of 
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    this Section
is guilty of a Class 4 felony for a first 
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    violation.  A second or
subsequent violation of subsection 
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    (g) of this Section is a Class 3 felony.  If a person under 
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    13 years of age is present at any show, exhibition,

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    program, or other activity prohibited in subsection (g), 
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    the parent, legal guardian, or other person who is 18 years 
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    of age or older who brings that person under 13 years of 
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    age to that show, exhibition, program, or other activity is 
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    guilty of a Class 3 4 felony for a first violation and a 
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    Class 2 3 felony for a second or subsequent violation.

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    (i-5) A person who commits a felony violation of this 
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Section is subject to the property forfeiture provisions set 
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forth in Article 124B of the Code of Criminal Procedure of 
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1963. 
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    (j) Any dog or equipment involved in a violation of this 
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Section shall
be immediately seized and impounded under Section 
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12 of the Humane Care for
Animals Act when located at any show, 
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exhibition, program, or other activity
featuring or otherwise 
21
involving a dog fight for the purposes of sport,
wagering, or 
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entertainment.

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    (k) Any vehicle or conveyance other than a common carrier 
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that is used
in violation of this Section shall be seized, 
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held, and offered for sale at
public auction by the sheriff's 
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department of the proper jurisdiction, and
the proceeds from 
 


 






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the sale shall be remitted to the general fund of the
county 
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where the violation took place.

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    (l) Any veterinarian in this State who is presented with a 
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dog for treatment
of injuries or wounds resulting from fighting 
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where there is a reasonable
possibility that the dog was 
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engaged in or utilized for a fighting event for
the purposes of 
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sport, wagering, or entertainment shall file a report with the

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Department of Agriculture and cooperate by furnishing the 
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owners' names, dates,
and descriptions of the dog or dogs 
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involved.  Any veterinarian who in good
faith complies with the 
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requirements of this subsection has immunity from any

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liability, civil, criminal, or otherwise, that may result from 
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his or her
actions.  For the purposes of any proceedings, civil 
14
or criminal, the good
faith of the veterinarian shall be 
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rebuttably presumed.

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    (m) In addition to any other penalty provided by law, upon 
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conviction for
violating this Section, the court may order that 
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the convicted person and
persons dwelling in the same household 
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as the convicted person who conspired,
aided, or abetted in the 
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unlawful act that was the basis of the conviction,
or who knew 
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or should have known of the unlawful act, may not own, harbor, 
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or
have custody or control of any dog or other animal for a 
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period of time that
the court deems reasonable.

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    (n) A violation of subsection (a) of this Section may be 
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inferred from evidence that the accused possessed any device or 
26
equipment described in subsection (d), (e), or (h) of this 
 


 






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Section, and also possessed any dog.

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    (o) When no longer required for investigations or court 
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proceedings relating to the events described or depicted 
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therein, evidence relating to convictions for violations of 
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this Section shall be retained and made available for use in 
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training peace officers in detecting and identifying 
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violations of this Section.  Such evidence shall be made 
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available upon request to other law enforcement agencies and to 
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schools certified under the Illinois  Police Training Act.

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