Illinois General Assembly - Full Text of HB4238
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Full Text of HB4238  94th General Assembly

HB4238eng 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning animals.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by changing Section
5 5-1071 as follows:
 
6     (55 ILCS 5/5-1071)  (from Ch. 34, par. 5-1071)
7     Sec. 5-1071. Dogs running at large. The county board of
8 each county may regulate and prohibit the running at large of
9 dogs in unincorporated areas of the county which have been
10 subdivided for residence purposes. The county board may impose
11 such fines or penalties as are deemed proper to effectuate any
12 such regulation or prohibition of dogs running at large, except
13 when a fine or penalty is already allowed by law. No fine or
14 penalty may exceed $50 for any one offense.
15 (Source: P.A. 86-962.)
 
16     Section 10. The Animal Control Act is amended by changing
17 Section 26 and by adding Section 9.5 as follows:
 
18     (510 ILCS 5/9.5 new)
19     Sec. 9.5. Dogs hunting; in dog parks. A dog that is
20 actively engaged in a legal hunting activity, including
21 training, is not considered to be running at large if the dog
22 is monitored or supervised by a person and the dog is on land
23 that is open to hunting or on land with respect to which the
24 person has obtained written permission to hunt or train a dog.
25 A dog that is in a dog-friendly area of a park or in a dog park
26 is not considered to be running at large if the dog is
27 monitored or supervised by a person.
 
28     (510 ILCS 5/26)  (from Ch. 8, par. 376)
29     Sec. 26. (a) Except as otherwise provided in this Act, any

 

 

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1 Any person violating or aiding in or abetting the violation of
2 any provision of this Act, or counterfeiting or forging any
3 certificate, permit, or tag, or making any misrepresentation in
4 regard to any matter prescribed by this Act, or resisting,
5 obstructing, or impeding the Administrator or any authorized
6 officer in enforcing this Act, or refusing to produce for
7 inoculation any dog in his possession, or who removes a tag
8 from a dog for purposes of destroying or concealing its
9 identity, is guilty of a Class C misdemeanor for a first
10 offense and for a subsequent offense, is guilty of a Class B
11 misdemeanor.
12     Each day a person fails to comply constitutes a separate
13 offense. Each State's Attorney to whom the Administrator
14 reports any violation of this Act shall cause appropriate
15 proceedings to be instituted in the proper courts without delay
16 and to be prosecuted in the manner provided by law.
17     (b) If the owner of a vicious dog subject to enclosure:
18         (1) fails to maintain or keep the dog in an enclosure
19     or fails to spay or neuter the dog within the time period
20     prescribed; and
21         (2) the dog inflicts serious physical injury upon any
22     other person or causes the death of another person; and
23         (3) the attack is unprovoked in a place where such
24     person is peaceably conducting himself or herself and where
25     such person may lawfully be;
26 the owner shall be guilty of a Class 3 Class 4 felony, unless
27 the owner knowingly allowed the dog to run at large or failed
28 to take steps to keep the dog in an enclosure then the owner
29 shall be guilty of a Class 2 Class 3 felony. The penalty
30 provided in this paragraph shall be in addition to any other
31 criminal or civil sanction provided by law.
32     (c) If the owner of a dangerous dog knowingly fails to
33 comply with any order regarding the dog and the dog inflicts
34 serious physical injury on a person or a companion animal, the
35 owner shall be guilty of a Class 4 felony Class A misdemeanor.
36 If the owner of a dangerous dog knowingly fails to comply with

 

 

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1 any order regarding the dog and the dog kills a person the
2 owner shall be guilty of a Class 3 Class 4 felony.
3     (d) If the owner of a dog knowingly allows it to run at
4 large in violation of this Act as specified in Section 9 and
5 the dog inflicts serious physical injury, as defined in this
6 Act, or death to a person, the owner is guilty of a Class A
7 misdemeanor. This subsection does not apply to a police dog
8 that inflicts physical or serious physical injury to a person
9 in the course of its duties. A good faith effort to retrieve
10 the dog in a timely fashion is an affirmative defense to this
11 subsection (d).
12 (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
13     Section 15. The Unified Code of Corrections is amended by
14 changing Section 5-5-3.2 as follows:
 
15     (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
16     Sec. 5-5-3.2. Factors in Aggravation.
17     (a) The following factors shall be accorded weight in favor
18 of imposing a term of imprisonment or may be considered by the
19 court as reasons to impose a more severe sentence under Section
20 5-8-1:
21         (1) the defendant's conduct caused or threatened
22     serious harm;
23         (2) the defendant received compensation for committing
24     the offense;
25         (3) the defendant has a history of prior delinquency or
26     criminal activity;
27         (4) the defendant, by the duties of his office or by
28     his position, was obliged to prevent the particular offense
29     committed or to bring the offenders committing it to
30     justice;
31         (5) the defendant held public office at the time of the
32     offense, and the offense related to the conduct of that
33     office;
34         (6) the defendant utilized his professional reputation

 

 

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1     or position in the community to commit the offense, or to
2     afford him an easier means of committing it;
3         (7) the sentence is necessary to deter others from
4     committing the same crime;
5         (8) the defendant committed the offense against a
6     person 60 years of age or older or such person's property;
7         (9) the defendant committed the offense against a
8     person who is physically handicapped or such person's
9     property;
10         (10) by reason of another individual's actual or
11     perceived race, color, creed, religion, ancestry, gender,
12     sexual orientation, physical or mental disability, or
13     national origin, the defendant committed the offense
14     against (i) the person or property of that individual; (ii)
15     the person or property of a person who has an association
16     with, is married to, or has a friendship with the other
17     individual; or (iii) the person or property of a relative
18     (by blood or marriage) of a person described in clause (i)
19     or (ii). For the purposes of this Section, "sexual
20     orientation" means heterosexuality, homosexuality, or
21     bisexuality;
22         (11) the offense took place in a place of worship or on
23     the grounds of a place of worship, immediately prior to,
24     during or immediately following worship services. For
25     purposes of this subparagraph, "place of worship" shall
26     mean any church, synagogue or other building, structure or
27     place used primarily for religious worship;
28         (12) the defendant was convicted of a felony committed
29     while he was released on bail or his own recognizance
30     pending trial for a prior felony and was convicted of such
31     prior felony, or the defendant was convicted of a felony
32     committed while he was serving a period of probation,
33     conditional discharge, or mandatory supervised release
34     under subsection (d) of Section 5-8-1 for a prior felony;
35         (13) the defendant committed or attempted to commit a
36     felony while he was wearing a bulletproof vest. For the

 

 

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1     purposes of this paragraph (13), a bulletproof vest is any
2     device which is designed for the purpose of protecting the
3     wearer from bullets, shot or other lethal projectiles;
4         (14) the defendant held a position of trust or
5     supervision such as, but not limited to, family member as
6     defined in Section 12-12 of the Criminal Code of 1961,
7     teacher, scout leader, baby sitter, or day care worker, in
8     relation to a victim under 18 years of age, and the
9     defendant committed an offense in violation of Section
10     11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
11     12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
12     against that victim;
13         (15) the defendant committed an offense related to the
14     activities of an organized gang. For the purposes of this
15     factor, "organized gang" has the meaning ascribed to it in
16     Section 10 of the Streetgang Terrorism Omnibus Prevention
17     Act;
18         (16) the defendant committed an offense in violation of
19     one of the following Sections while in a school, regardless
20     of the time of day or time of year; on any conveyance
21     owned, leased, or contracted by a school to transport
22     students to or from school or a school related activity; on
23     the real property of a school; or on a public way within
24     1,000 feet of the real property comprising any school:
25     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
26     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
27     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
28     33A-2 of the Criminal Code of 1961;
29         (16.5) the defendant committed an offense in violation
30     of one of the following Sections while in a day care
31     center, regardless of the time of day or time of year; on
32     the real property of a day care center, regardless of the
33     time of day or time of year; or on a public way within
34     1,000 feet of the real property comprising any day care
35     center, regardless of the time of day or time of year:
36     Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,

 

 

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1     11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
2     12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
3     33A-2 of the Criminal Code of 1961;
4         (17) the defendant committed the offense by reason of
5     any person's activity as a community policing volunteer or
6     to prevent any person from engaging in activity as a
7     community policing volunteer. For the purpose of this
8     Section, "community policing volunteer" has the meaning
9     ascribed to it in Section 2-3.5 of the Criminal Code of
10     1961;
11         (18) the defendant committed the offense in a nursing
12     home or on the real property comprising a nursing home. For
13     the purposes of this paragraph (18), "nursing home" means a
14     skilled nursing or intermediate long term care facility
15     that is subject to license by the Illinois Department of
16     Public Health under the Nursing Home Care Act;
17         (19) the defendant was a federally licensed firearm
18     dealer and was previously convicted of a violation of
19     subsection (a) of Section 3 of the Firearm Owners
20     Identification Card Act and has now committed either a
21     felony violation of the Firearm Owners Identification Card
22     Act or an act of armed violence while armed with a firearm;
23     or
24         (20) the defendant (i) committed the offense of
25     reckless homicide under Section 9-3 of the Criminal Code of
26     1961 or the offense of driving under the influence of
27     alcohol, other drug or drugs, intoxicating compound or
28     compounds or any combination thereof under Section 11-501
29     of the Illinois Vehicle Code or a similar provision of a
30     local ordinance and (ii) was operating a motor vehicle in
31     excess of 20 miles per hour over the posted speed limit as
32     provided in Article VI of Chapter 11 of the Illinois
33     Vehicle Code; or .
34         (21) (20) the defendant (i) committed the offense of
35     reckless driving or aggravated reckless driving under
36     Section 11-503 of the Illinois Vehicle Code and (ii) was

 

 

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1     operating a motor vehicle in excess of 20 miles per hour
2     over the posted speed limit as provided in Article VI of
3     Chapter 11 of the Illinois Vehicle Code.
4     For the purposes of this Section:
5     "School" is defined as a public or private elementary or
6 secondary school, community college, college, or university.
7     "Day care center" means a public or private State certified
8 and licensed day care center as defined in Section 2.09 of the
9 Child Care Act of 1969 that displays a sign in plain view
10 stating that the property is a day care center.
11     (b) The following factors may be considered by the court as
12 reasons to impose an extended term sentence under Section 5-8-2
13 upon any offender:
14         (1) When a defendant is convicted of any felony, after
15     having been previously convicted in Illinois or any other
16     jurisdiction of the same or similar class felony or greater
17     class felony, when such conviction has occurred within 10
18     years after the previous conviction, excluding time spent
19     in custody, and such charges are separately brought and
20     tried and arise out of different series of acts; or
21         (2) When a defendant is convicted of any felony and the
22     court finds that the offense was accompanied by
23     exceptionally brutal or heinous behavior indicative of
24     wanton cruelty; or
25         (3) When a defendant is convicted of voluntary
26     manslaughter, second degree murder, involuntary
27     manslaughter or reckless homicide in which the defendant
28     has been convicted of causing the death of more than one
29     individual; or
30         (4) When a defendant is convicted of any felony
31     committed against:
32             (i) a person under 12 years of age at the time of
33         the offense or such person's property;
34             (ii) a person 60 years of age or older at the time
35         of the offense or such person's property; or
36             (iii) a person physically handicapped at the time

 

 

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1         of the offense or such person's property; or
2         (5) In the case of a defendant convicted of aggravated
3     criminal sexual assault or criminal sexual assault, when
4     the court finds that aggravated criminal sexual assault or
5     criminal sexual assault was also committed on the same
6     victim by one or more other individuals, and the defendant
7     voluntarily participated in the crime with the knowledge of
8     the participation of the others in the crime, and the
9     commission of the crime was part of a single course of
10     conduct during which there was no substantial change in the
11     nature of the criminal objective; or
12         (6) When a defendant is convicted of any felony and the
13     offense involved any of the following types of specific
14     misconduct committed as part of a ceremony, rite,
15     initiation, observance, performance, practice or activity
16     of any actual or ostensible religious, fraternal, or social
17     group:
18             (i) the brutalizing or torturing of humans or
19         animals;
20             (ii) the theft of human corpses;
21             (iii) the kidnapping of humans;
22             (iv) the desecration of any cemetery, religious,
23         fraternal, business, governmental, educational, or
24         other building or property; or
25             (v) ritualized abuse of a child; or
26         (7) When a defendant is convicted of first degree
27     murder, after having been previously convicted in Illinois
28     of any offense listed under paragraph (c)(2) of Section
29     5-5-3, when such conviction has occurred within 10 years
30     after the previous conviction, excluding time spent in
31     custody, and such charges are separately brought and tried
32     and arise out of different series of acts; or
33         (8) When a defendant is convicted of a felony other
34     than conspiracy and the court finds that the felony was
35     committed under an agreement with 2 or more other persons
36     to commit that offense and the defendant, with respect to

 

 

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1     the other individuals, occupied a position of organizer,
2     supervisor, financier, or any other position of management
3     or leadership, and the court further finds that the felony
4     committed was related to or in furtherance of the criminal
5     activities of an organized gang or was motivated by the
6     defendant's leadership in an organized gang; or
7         (9) When a defendant is convicted of a felony violation
8     of Section 24-1 of the Criminal Code of 1961 and the court
9     finds that the defendant is a member of an organized gang;
10     or
11         (10) When a defendant committed the offense using a
12     firearm with a laser sight attached to it. For purposes of
13     this paragraph (10), "laser sight" has the meaning ascribed
14     to it in Section 24.6-5 of the Criminal Code of 1961; or
15         (11) When a defendant who was at least 17 years of age
16     at the time of the commission of the offense is convicted
17     of a felony and has been previously adjudicated a
18     delinquent minor under the Juvenile Court Act of 1987 for
19     an act that if committed by an adult would be a Class X or
20     Class 1 felony when the conviction has occurred within 10
21     years after the previous adjudication, excluding time
22     spent in custody; or
23         (12) When a defendant commits an offense involving the
24     illegal manufacture of a controlled substance under
25     Section 401 of the Illinois Controlled Substances Act, the
26     illegal manufacture of methamphetamine under Section 25 of
27     the Methamphetamine Control and Community Protection Act,
28     or the illegal possession of explosives and an emergency
29     response officer in the performance of his or her duties is
30     killed or injured at the scene of the offense while
31     responding to the emergency caused by the commission of the
32     offense. In this paragraph (12), "emergency" means a
33     situation in which a person's life, health, or safety is in
34     jeopardy; and "emergency response officer" means a peace
35     officer, community policing volunteer, fireman, emergency
36     medical technician-ambulance, emergency medical

 

 

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1     technician-intermediate, emergency medical
2     technician-paramedic, ambulance driver, other medical
3     assistance or first aid personnel, or hospital emergency
4     room personnel; or .
5         (13) When a defendant commits any felony and the
6     defendant used, possessed, exercised control over, or
7     otherwise directed an animal to assault a law enforcement
8     officer engaged in the execution of his or her official
9     duties or in furtherance of the criminal activities of an
10     organized gang in which the defendant is engaged.
11     (b-1) For the purposes of this Section, "organized gang"
12 has the meaning ascribed to it in Section 10 of the Illinois
13 Streetgang Terrorism Omnibus Prevention Act.
14     (c) The court may impose an extended term sentence under
15 Section 5-8-2 upon any offender who was convicted of aggravated
16 criminal sexual assault or predatory criminal sexual assault of
17 a child under subsection (a)(1) of Section 12-14.1 of the
18 Criminal Code of 1961 where the victim was under 18 years of
19 age at the time of the commission of the offense.
20     (d) The court may impose an extended term sentence under
21 Section 5-8-2 upon any offender who was convicted of unlawful
22 use of weapons under Section 24-1 of the Criminal Code of 1961
23 for possessing a weapon that is not readily distinguishable as
24 one of the weapons enumerated in Section 24-1 of the Criminal
25 Code of 1961.
26 (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556,
27 eff. 9-11-05; revised 8-19-05.)
 
28     Section 99. Effective date. This Act takes effect upon
29 becoming law.