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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 26-5 as follows:
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6 | (720 ILCS 5/26-5)
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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.)
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12 | (a) No person may own, capture, breed, train, or lease any
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13 | dog which he or she knows is intended for use in any
show, | ||||||
14 | exhibition, program, or other activity featuring or otherwise
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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.
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18 | (b) No person may promote, conduct, carry on, advertise,
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19 | collect money for or in any other manner assist or aid in the
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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.
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24 | (c) No person may sell or offer for sale, ship, transport,
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25 | or otherwise move, or deliver or receive any dog which he or | ||||||
26 | she
knows has been captured, bred, or trained, or will be used,
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27 | to fight another dog or human or be intentionally killed for
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28 | purposes of sport, wagering, or entertainment.
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29 | (c-5) No person may solicit a minor to violate this | ||||||
30 | Section.
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31 | (d) No person may manufacture for sale, shipment, | ||||||
32 | transportation,
or delivery any device or equipment which he or |
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1 | she knows or should know
is intended for use in any show, | ||||||
2 | exhibition, program, or other activity
featuring or otherwise | ||||||
3 | involving a fight between 2 or more dogs, or any
human and dog, | ||||||
4 | or the intentional killing of any dog for purposes of
sport, | ||||||
5 | wagering, or entertainment.
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6 | (e) No person may own, possess, sell or offer for sale, | ||||||
7 | ship,
transport, or otherwise move any equipment or device | ||||||
8 | which he or she
knows or should know is intended for use in | ||||||
9 | connection with any show,
exhibition, program, or activity | ||||||
10 | featuring or otherwise involving a fight
between 2 or more | ||||||
11 | dogs, or any dog and human, or the intentional
killing of any | ||||||
12 | dog for purposes of sport, wagering or entertainment.
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13 | (f) No person may knowingly make available any site, | ||||||
14 | structure, or
facility, whether enclosed or not, that he or she | ||||||
15 | knows is intended to be
used for the purpose of conducting any | ||||||
16 | show, exhibition, program, or other
activity involving a fight | ||||||
17 | between 2 or more dogs, or any dog and human, or the
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18 | intentional killing of any dog or knowingly manufacture, | ||||||
19 | distribute, or
deliver fittings to be used in a fight between 2 | ||||||
20 | or more dogs or a dog and
human.
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21 | (g) No person may attend or otherwise patronize any show, | ||||||
22 | exhibition,
program, or other activity featuring or otherwise | ||||||
23 | involving a fight between
2 or more dogs, or any dog and human, | ||||||
24 | or the intentional killing of
any dog for purposes of sport, | ||||||
25 | wagering, or entertainment.
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26 | (h) No person may tie or attach or fasten any live animal | ||||||
27 | to any
machine or device propelled by any power for the purpose | ||||||
28 | of causing the
animal to be pursued by a dog or dogs. This | ||||||
29 | subsection (h) applies only
when the dog is intended to be used | ||||||
30 | in a dog fight.
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31 | (i) Penalties for violations of this Section shall be as | ||||||
32 | follows:
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33 | (1) Any person convicted of violating subsection (a), | ||||||
34 | (b), or (c)
of this Section is guilty of a Class
4 felony | ||||||
35 | for a first violation and a
Class
3 felony for a second or | ||||||
36 | subsequent violation, and may be fined an
amount not to |
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1 | exceed $50,000.
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2 | (1.5) A person who knowingly owns a dog for fighting | ||||||
3 | purposes or for
producing a fight between 2 or more dogs or | ||||||
4 | a dog and human or who knowingly
offers for sale or sells a | ||||||
5 | dog bred for fighting is guilty of a Class
3 felony
and may | ||||||
6 | be fined an amount not to exceed $50,000, if the dog | ||||||
7 | participates
in a dogfight and any of the following factors | ||||||
8 | is present:
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9 | (i) the dogfight is performed in the presence of a | ||||||
10 | person under 18
years of age;
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11 | (ii) the dogfight is performed for the purpose of | ||||||
12 | or in the presence
of illegal wagering activity; or
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13 | (iii) the dogfight is performed in furtherance of | ||||||
14 | streetgang related
activity as defined in Section 10 of | ||||||
15 | the Illinois Streetgang Terrorism Omnibus
Prevention | ||||||
16 | Act.
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17 | (1.7) A person convicted of violating subsection (c-5) | ||||||
18 | of this Section
is guilty of a Class 4 felony
A | ||||||
19 | misdemeanor .
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20 | (2) Any person convicted of violating subsection (d) or | ||||||
21 | (e) of this
Section is guilty of a
Class A misdemeanor for | ||||||
22 | a first violation.
A second or subsequent violation of | ||||||
23 | subsection (d) or (e) of this Section
is a Class
3 felony.
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24 | (2.5) Any person convicted of violating subsection (f) | ||||||
25 | of this Section
is guilty of a Class
4 felony.
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26 | (3) Any person convicted of violating subsection (g) of | ||||||
27 | this Section
is guilty of a Class A
C misdemeanor for a | ||||||
28 | first violation. A second or
subsequent violation of | ||||||
29 | subsection (g) of this Section is a Class 4 felony. If a | ||||||
30 | person under 13 years of age is present at any show, | ||||||
31 | exhibition,
program, or other activity prohibited in | ||||||
32 | subsection (g), the parent, legal guardian, or other person | ||||||
33 | who is 18 years of age or older who brings that person | ||||||
34 | under 13 years of age to that show, exhibition, program, or | ||||||
35 | other activity is guilty of a Class 4 felony for a first | ||||||
36 | violation and a Class 3 felony for a second or subsequent |
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1 | violation
B
misdemeanor .
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2 | (j) Any dog or equipment involved in a violation of this | ||||||
3 | Section shall
be immediately seized and impounded under Section | ||||||
4 | 12 of the Humane Care for
Animals Act when located at any show, | ||||||
5 | exhibition, program, or other activity
featuring or otherwise | ||||||
6 | involving a dog fight for the purposes of sport,
wagering, or | ||||||
7 | entertainment.
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8 | (k) Any vehicle or conveyance other than a common carrier | ||||||
9 | that is used
in violation of this Section shall be seized, | ||||||
10 | held, and offered for sale at
public auction by the sheriff's | ||||||
11 | department of the proper jurisdiction, and
the proceeds from | ||||||
12 | the sale shall be remitted to the general fund of the
county | ||||||
13 | where the violation took place.
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14 | (l) Any veterinarian in this State who is presented with a | ||||||
15 | dog for treatment
of injuries or wounds resulting from fighting | ||||||
16 | where there is a reasonable
possibility that the dog was | ||||||
17 | engaged in or utilized for a fighting event for
the purposes of | ||||||
18 | sport, wagering, or entertainment shall file a report with the
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19 | Department of Agriculture and cooperate by furnishing the | ||||||
20 | owners' names, dates,
and descriptions of the dog or dogs | ||||||
21 | involved. Any veterinarian who in good
faith complies with the | ||||||
22 | requirements of this subsection has immunity from any
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23 | liability, civil, criminal, or otherwise, that may result from | ||||||
24 | his or her
actions. For the purposes of any proceedings, civil | ||||||
25 | or criminal, the good
faith of the veterinarian shall be | ||||||
26 | rebuttably presumed.
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27 | (m) In addition to any other penalty provided by law, upon | ||||||
28 | conviction for
violating this Section, the court may order that | ||||||
29 | the convicted person and
persons dwelling in the same household | ||||||
30 | as the convicted person who conspired,
aided, or abetted in the | ||||||
31 | unlawful act that was the basis of the conviction,
or who knew | ||||||
32 | or should have known of the unlawful act, may not own, harbor, | ||||||
33 | or
have custody or control of any dog or other animal for a | ||||||
34 | period of time that
the court deems reasonable.
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35 | (n) A fact finder may infer a violation of this Section | ||||||
36 | from evidence that the offender possessed any treadmill wheel, |
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1 | hot walker, or other paraphernalia, together with evidence that | ||||||
2 | the paraphernalia is being used or intended for use in the | ||||||
3 | unlawful training of a dog to fight with another dog, along | ||||||
4 | with the possession of any such dog. | ||||||
5 | (o) A law enforcement agency shall obtain evidence of a | ||||||
6 | violation of this Section as the agency deems appropriate | ||||||
7 | through videotape, written police reports, or observation of | ||||||
8 | activities occurring on the property or at the residence of an | ||||||
9 | offender and shall use this evidence to train peace officers in | ||||||
10 | recognizing violations of this Section.
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11 | (Source: P.A. 92-425, eff. 1-1-02; 92-650, eff. 7-11-02.)
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