HB5790 Enrolled

LRB096 16744 RLC 33899 b





  
1
    AN ACT concerning criminal law.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Section 26-5 as follows:
 



6
    (720 ILCS 5/26-5)



7
    Sec. 26-5. Dog fighting. (For other provisions that may 
8
apply to dog
fighting, see the Humane Care for Animals Act.  For 
9
provisions similar to this
Section that apply to animals other 
10
than dogs, see in particular Section 4.01
of the Humane Care 
11
for Animals Act.)

12
    (a) No person may own, capture, breed, train, or lease any

13
dog which he or she knows is intended for use in any
show, 
14
exhibition, program, or other activity featuring or otherwise

15
involving a fight between the dog and any other animal or 
16
human, or the
intentional killing of any dog for the purpose of 
17
sport, wagering, or
entertainment.

18
    (b) No person may promote, conduct, carry on, advertise,

19
collect money for or in any other manner assist or aid in the

20
presentation for purposes of sport, wagering, or entertainment 
21
of
any show, exhibition, program, or other activity involving
a 
22
fight between 2 or more dogs or any dog and human,
or the 
23
intentional killing of any dog.

 


 






HB5790 Enrolled
- 2 -
LRB096 16744 RLC 33899 b




1
    (c) No person may sell or offer for sale, ship, transport,

2
or otherwise move, or deliver or receive any dog which he or 
3
she
knows has been captured, bred, or trained, or will be used,

4
to fight another dog or human or be intentionally killed for

5
purposes of sport, wagering, or entertainment.

6
    (c-5) No person may solicit a minor to violate this 
7
Section.

8
    (d) No person may manufacture for sale, shipment, 
9
transportation,
or delivery any device or equipment which he or 
10
she knows or should know
is intended for use in any show, 
11
exhibition, program, or other activity
featuring or otherwise 
12
involving a fight between 2 or more dogs, or any
human and dog, 
13
or the intentional killing of any dog for purposes of
sport, 
14
wagering, or entertainment.

15
    (e) No person may own, possess, sell or offer for sale, 
16
ship,
transport, or otherwise move any equipment or device 
17
which he or she
knows or should know is intended for use in 
18
connection with any show,
exhibition, program, or activity 
19
featuring or otherwise involving a fight
between 2 or more 
20
dogs, or any dog and human, or the intentional
killing of any 
21
dog for purposes of sport, wagering or entertainment.

22
    (f) No person may knowingly make available any site, 
23
structure, or
facility, whether enclosed or not, that he or she 
24
knows is intended to be
used for the purpose of conducting any 
25
show, exhibition, program, or other
activity involving a fight 
26
between 2 or more dogs, or any dog and human, or the

 


 






HB5790 Enrolled
- 3 -
LRB096 16744 RLC 33899 b




1
intentional killing of any dog or knowingly manufacture, 
2
distribute, or
deliver fittings to be used in a fight between 2 
3
or more dogs or a dog and
human.

4
    (g) No person may knowingly attend or otherwise patronize 
5
any show, exhibition,
program, or other activity featuring or 
6
otherwise involving a fight between
2 or more dogs, or any dog 
7
and human, or the intentional killing of
any dog for purposes 
8
of sport, wagering, or entertainment.

9
    (h) No person may tie or attach or fasten any live animal 
10
to any
machine or device propelled by any power for the purpose 
11
of causing the
animal to be pursued by a dog or dogs.  This 
12
subsection (h) applies only
when the dog is intended to be used 
13
in a dog fight.

14
    (i) Penalties for violations of this Section shall be as 
15
follows:


16
        (1) Any person convicted of violating subsection (a), 
17
    (b), or (c), or (h)
of this Section is guilty of a Class
4 
18
    felony for a first violation and a
Class
3 felony for a 
19
    second or subsequent violation, and may be fined an
amount 
20
    not to exceed $50,000.


21
        (1.5) A person who knowingly owns a dog for fighting 
22
    purposes or for
producing a fight between 2 or more dogs or 
23
    a dog and human or who knowingly
offers for sale or sells a 
24
    dog bred for fighting is guilty of a Class
3 felony
and may 
25
    be fined an amount not to exceed $50,000, if the dog 
26
    participates
in a dogfight and any of the following factors 
 


 






HB5790 Enrolled
- 4 -
LRB096 16744 RLC 33899 b




1
    is present:


2
            (i) the dogfight is performed in the presence of a 
3
        person under 18
years of age;


4
            (ii) the dogfight is performed for the purpose of 
5
        or in the presence
of illegal wagering activity; or


6
            (iii) the dogfight is performed in furtherance of 
7
        streetgang related
activity as defined in Section 10 of 
8
        the Illinois Streetgang Terrorism Omnibus
Prevention 
9
        Act.


10
        (1.7) A person convicted of violating subsection (c-5) 
11
    of this Section
is guilty of a Class 4 felony.


12
        (2) Any person convicted of violating subsection (d) or 
13
    (e) of this
Section is guilty of a
Class 4 felony for a 
14
    first violation.
A second or subsequent violation of 
15
    subsection (d) or (e) of this Section
is a Class
3 felony.


16
        (2.5) Any person convicted of violating subsection (f) 
17
    of this Section
is guilty of a Class
4 felony. Any person  
18
    convicted of violating  subsection (f) of this Section in 
19
    which the site, structure, or facility made available to 
20
    violate subsection (f) is located within 1,000 feet of a 
21
    school, public park, playground, child care institution, 
22
    day care center, part day child care facility, day care 
23
    home, group day care home, or a facility providing programs 
24
    or services
exclusively directed toward persons under 18 
25
    years of age is guilty of a Class 3 felony for a first 
26
    violation and a Class 2 felony for a second or subsequent 
 


 






HB5790 Enrolled
- 5 -
LRB096 16744 RLC 33899 b




1
    violation.


2
        (3) Any person convicted of violating subsection (g) of 
3
    this Section
is guilty of a Class 4 felony for a first 
4
    violation.  A second or
subsequent violation of subsection 
5
    (g) of this Section is a Class 3 felony.  If a person under 
6
    13 years of age is present at any show, exhibition,

7
    program, or other activity prohibited in subsection (g), 
8
    the parent, legal guardian, or other person who is 18 years 
9
    of age or older who brings that person under 13 years of 
10
    age to that show, exhibition, program, or other activity is 
11
    guilty of a Class 3 4 felony for a first violation and a 
12
    Class 2 3 felony for a second or subsequent violation.

13
    (i-5) A person who commits a felony violation of this 
14
Section is subject to the property forfeiture provisions set 
15
forth in Article 124B of the Code of Criminal Procedure of 
16
1963. 
17
    (j) Any dog or equipment involved in a violation of this 
18
Section shall
be immediately seized and impounded under Section 
19
12 of the Humane Care for
Animals Act when located at any show, 
20
exhibition, program, or other activity
featuring or otherwise 
21
involving a dog fight for the purposes of sport,
wagering, or 
22
entertainment.

23
    (k) Any vehicle or conveyance other than a common carrier 
24
that is used
in violation of this Section shall be seized, 
25
held, and offered for sale at
public auction by the sheriff's 
26
department of the proper jurisdiction, and
the proceeds from 
 


 






HB5790 Enrolled
- 6 -
LRB096 16744 RLC 33899 b




1
the sale shall be remitted to the general fund of the
county 
2
where the violation took place.

3
    (l) Any veterinarian in this State who is presented with a 
4
dog for treatment
of injuries or wounds resulting from fighting 
5
where there is a reasonable
possibility that the dog was 
6
engaged in or utilized for a fighting event for
the purposes of 
7
sport, wagering, or entertainment shall file a report with the

8
Department of Agriculture and cooperate by furnishing the 
9
owners' names, dates,
and descriptions of the dog or dogs 
10
involved.  Any veterinarian who in good
faith complies with the 
11
requirements of this subsection has immunity from any

12
liability, civil, criminal, or otherwise, that may result from 
13
his or her
actions.  For the purposes of any proceedings, civil 
14
or criminal, the good
faith of the veterinarian shall be 
15
rebuttably presumed.

16
    (m) In addition to any other penalty provided by law, upon 
17
conviction for
violating this Section, the court may order that 
18
the convicted person and
persons dwelling in the same household 
19
as the convicted person who conspired,
aided, or abetted in the 
20
unlawful act that was the basis of the conviction,
or who knew 
21
or should have known of the unlawful act, may not own, harbor, 
22
or
have custody or control of any dog or other animal for a 
23
period of time that
the court deems reasonable.

24
    (n) A violation of subsection (a) of this Section may be 
25
inferred from evidence that the accused possessed any device or 
26
equipment described in subsection (d), (e), or (h) of this 
 


 






HB5790 Enrolled
- 7 -
LRB096 16744 RLC 33899 b




1
Section, and also possessed any dog.

2
    (o) When no longer required for investigations or court 
3
proceedings relating to the events described or depicted 
4
therein, evidence relating to convictions for violations of 
5
this Section shall be retained and made available for use in 
6
training peace officers in detecting and identifying 
7
violations of this Section.  Such evidence shall be made 
8
available upon request to other law enforcement agencies and to 
9
schools certified under the Illinois  Police Training Act.

10
    (p)  For the purposes of this Section, "school" has the 
11
meaning ascribed to it in Section 11-9.3 of this Code; and 
12
"public park", "playground", "child care institution", "day 
13
care center", "part day child care facility", "day care home", 
14
"group day care home", and "facility providing programs or 
15
services
exclusively directed toward persons under 18 years of 
16
age" have the meanings ascribed to them in Section 11-9.4 of 
17
this Code. 
18
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 
19
revised 10-1-09.)