Full Text of HB4044 94th General Assembly
HB4044 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4044
Introduced 2/28/2005, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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510 ILCS 70/4.01 |
from Ch. 8, par. 704.01 |
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Amends the Humane Care for Animals Act. Provides that restrictions concerning animals in entertainment shall not be construed to refer to activities covered under the Wildlife Code. Effective immediately.
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A BILL FOR
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HB4044 |
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LRB094 11595 RCE 42654 b |
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| AN ACT concerning animals.
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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 Humane Care for Animals Act is amended by | 5 |
| changing Section 4.01 as follows:
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| (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
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| Sec. 4.01. Animals in entertainment. This Section shall not | 8 |
| be construed to refer to activities covered under the Wildlife | 9 |
| Code. This Section does not apply when
the only animals | 10 |
| involved are dogs. (Section 26-5 of the Criminal Code of
1961, | 11 |
| rather than this Section, applies when the only animals | 12 |
| involved are
dogs.)
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| (a) No person may own, capture, breed, train, or lease any | 14 |
| animal which he
or she knows or should know is intended for use | 15 |
| in any show, exhibition,
program, or other activity featuring | 16 |
| or otherwise involving a fight between
such animal and any | 17 |
| other animal or human, or the intentional killing of any
animal | 18 |
| for the purpose of sport, wagering, or entertainment.
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| (b) No person shall promote, conduct, carry on, advertise, | 20 |
| collect money for
or in any other manner assist or aid in the | 21 |
| presentation for purposes of sport,
wagering, or | 22 |
| entertainment, any show, exhibition, program, or other | 23 |
| activity
involving a fight between 2 or more animals or any | 24 |
| animal and human, or the
intentional killing of any animal.
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| (c) No person shall sell or offer for sale, ship, | 26 |
| transport, or otherwise
move, or deliver or receive any animal | 27 |
| which he or she knows or should know
has been captured, bred, | 28 |
| or trained, or will be used, to fight another animal
or human | 29 |
| or be intentionally killed, for the purpose of sport, wagering, | 30 |
| or
entertainment.
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| (d) No person shall manufacture for sale, shipment, | 32 |
| transportation
or delivery any device or equipment which that |
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HB4044 |
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LRB094 11595 RCE 42654 b |
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| person 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 animals, or any
human and | 4 |
| animal, or the intentional killing of any animal for purposes | 5 |
| of
sport, wagering or entertainment.
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| (e) No person shall own, possess, sell or offer for sale, | 7 |
| ship,
transport, or otherwise move any equipment or device | 8 |
| which such person
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 |
| animals, or any animal and human, or the intentional
killing of | 12 |
| any animal for purposes of sport, wagering or entertainment.
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| (f) No person shall make available any site, structure, or | 14 |
| facility,
whether enclosed or not, which he or she knows or | 15 |
| should know is intended
to be used for the purpose of | 16 |
| conducting any show, exhibition, program, or
other activity | 17 |
| involving a fight between 2 or more animals, or any animal and
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| human, or the intentional killing of any animal.
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| (g) No person shall attend or otherwise patronize any show, | 20 |
| exhibition,
program, or other activity featuring or otherwise | 21 |
| involving a fight between
2 or more animals, or any animal and | 22 |
| human, or the intentional killing of
any animal for the | 23 |
| purposes of sport, wagering or entertainment.
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| (h) (Blank).
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| (i) Any animals or equipment involved in a violation of | 26 |
| this Section shall
be immediately seized and impounded under | 27 |
| Section 12 by the Department when
located at any show, | 28 |
| exhibition, program, or other activity featuring or
otherwise | 29 |
| involving an animal fight for the purposes of sport, wagering, | 30 |
| or
entertainment.
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| (j) Any vehicle or conveyance other than a common carrier | 32 |
| that is used
in violation of this Section shall be seized, | 33 |
| held, and offered for sale at
public auction by the sheriff's | 34 |
| department of the proper jurisdiction, and
the proceeds from | 35 |
| the sale shall be remitted to the general fund of the
county | 36 |
| where the violation took place.
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LRB094 11595 RCE 42654 b |
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| (k) Any veterinarian in this State who is presented with an | 2 |
| animal for
treatment of injuries or wounds resulting from | 3 |
| fighting where there is a
reasonable possibility that the | 4 |
| animal was engaged in or utilized for a
fighting event for the | 5 |
| purposes of sport, wagering, or entertainment shall
file a | 6 |
| report with the Department and cooperate by furnishing the | 7 |
| owners'
names, dates, and descriptions of the animal or animals | 8 |
| involved. Any
veterinarian who in good faith complies with the | 9 |
| requirements of this
subsection has immunity from any | 10 |
| liability, civil, criminal, or otherwise,
that may result from | 11 |
| his or her actions. For the purposes of any proceedings,
civil | 12 |
| or criminal, the good faith of the veterinarian shall be | 13 |
| rebuttably
presumed.
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| (l) No person shall solicit a minor to violate this | 15 |
| Section.
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| (m) The penalties for violations of this Section shall be | 17 |
| as follows:
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| (1) A person convicted of violating subsection (a), | 19 |
| (b), or (c) of this
Section or any rule, regulation, or | 20 |
| order of the Department pursuant thereto
is guilty of a | 21 |
| Class A misdemeanor for the first offense. A second or
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| subsequent offense involving the violation of subsection | 23 |
| (a), (b), or (c) of
this Section or any rule, regulation, | 24 |
| or order of the Department pursuant
thereto is a Class 4 | 25 |
| felony.
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| (2) A person convicted of violating subsection (d), | 27 |
| (e), or (f) of this
Section or any rule, regulation, or | 28 |
| order of the Department pursuant thereto
is guilty of a | 29 |
| Class A misdemeanor for the first offense. A second or
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| subsequent violation is a Class 4 felony.
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| (3) A person convicted of violating subsection (g) of | 32 |
| this Section or
any rule, regulation, or order of the | 33 |
| Department pursuant thereto is guilty
of a Class C | 34 |
| misdemeanor.
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| (4) A person convicted of violating subsection (l) of | 36 |
| this Section is
guilty of a Class A misdemeanor.
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| (Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | 2 |
| eff.
7-11-02; 92-651, eff. 7-11-02; revised 11-21-02.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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