Full Text of HB2030 101st General Assembly
HB2030 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2030 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/33G-3 | | 720 ILCS 5/48-1 | was 720 ILCS 5/26-5 |
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Amends the Criminal Code of 2012. Includes as a predicate offense under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law (or "RICO") a Class 2 felony or higher violation of the dog fighting statute. Increases the penalties for dog fighting by one class.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 2012 is amended by changing | 5 | | Sections 33G-3 and 48-1 as follows: | 6 | | (720 ILCS 5/33G-3) | 7 | | (Section scheduled to be repealed on June 11, 2022) | 8 | | Sec. 33G-3. Definitions. As used in this Article: | 9 | | (a) "Another state" means any State of the United States | 10 | | (other than the State of Illinois), or the District of | 11 | | Columbia, or the Commonwealth of Puerto Rico, or any territory | 12 | | or possession of the United States, or any political | 13 | | subdivision, or any department, agency, or instrumentality | 14 | | thereof. | 15 | | (b) "Enterprise" includes: | 16 | | (1) any partnership, corporation, association, | 17 | | business or charitable trust, or other legal entity; and | 18 | | (2) any group of individuals or other legal entities, | 19 | | or any combination thereof, associated in fact although not | 20 | | itself a legal entity. An association in fact must be held | 21 | | together by a common purpose of engaging in a course of | 22 | | conduct, and it may be associated together for purposes | 23 | | that are both legal and illegal. An association in fact |
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| 1 | | must: | 2 | | (A) have an ongoing organization or structure, | 3 | | either formal or informal; | 4 | | (B) the various members of the group must function | 5 | | as a continuing unit, even if the group changes | 6 | | membership by gaining or losing members over time; and | 7 | | (C) have an ascertainable structure distinct from | 8 | | that inherent in the conduct of a pattern of predicate | 9 | | activity. | 10 | | As used in this Article, "enterprise" includes licit and | 11 | | illicit enterprises. | 12 | | (c) "Labor organization" includes any organization, labor | 13 | | union, craft union, or any voluntary unincorporated | 14 | | association designed to further the cause of the rights of | 15 | | union labor that is constituted for the purpose, in whole or in | 16 | | part, of collective bargaining or of dealing with employers | 17 | | concerning grievances, terms or conditions of employment, or | 18 | | apprenticeships or applications for apprenticeships, or of | 19 | | other mutual aid or protection in connection with employment, | 20 | | including apprenticeships or applications for apprenticeships. | 21 | | (d) "Operation or management" means directing or carrying | 22 | | out the enterprise's affairs and is limited to any person who | 23 | | knowingly serves as a leader, organizer, operator, manager, | 24 | | director, supervisor, financier, advisor, recruiter, supplier, | 25 | | or enforcer of an enterprise in violation of this Article. | 26 | | (e) "Predicate activity" means any act that is a Class 2 |
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| 1 | | felony or higher and constitutes a violation or violations of | 2 | | any of the following provisions of the laws of the State of | 3 | | Illinois (as amended or revised as of the date the activity | 4 | | occurred or, in the instance of a continuing offense, the date | 5 | | that charges under this Article are filed in a particular | 6 | | matter in the State of Illinois) or any act under the law of | 7 | | another jurisdiction for an offense that could be charged as a | 8 | | Class 2 felony or higher in this State: | 9 | | (1) under the Criminal Code of 1961 or the Criminal | 10 | | Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 | 11 | | (first degree murder), 9-3.3 (drug-induced homicide), 10-1 | 12 | | (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 | 13 | | (aggravated unlawful restraint), 10-4 (forcible | 14 | | detention), 10-5(b)(10) (child abduction), 10-9 | 15 | | (trafficking in persons, involuntary servitude, and | 16 | | related offenses), 11-1.20 (criminal sexual assault), | 17 | | 11-1.30 (aggravated criminal sexual assault), 11-1.40 | 18 | | (predatory criminal sexual assault of a child), 11-1.60 | 19 | | (aggravated criminal sexual abuse), 11-6 (indecent | 20 | | solicitation of a child), 11-6.5 (indecent solicitation of | 21 | | an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting | 22 | | prostitution), 11-14.4 (promoting juvenile prostitution), | 23 | | 11-18.1 (patronizing a minor engaged in prostitution; | 24 | | patronizing a juvenile prostitute), 12-3.05 (aggravated | 25 | | battery), 12-6.4 (criminal street gang recruitment), | 26 | | 12-6.5 (compelling organization membership of persons), |
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| 1 | | 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 | 2 | | (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or | 3 | | 18-6 (vehicular invasion), 18-1 (robbery; aggravated | 4 | | robbery), 18-2 (armed robbery), 18-3 (vehicular | 5 | | hijacking), 18-4 (aggravated vehicular hijacking), 18-5 | 6 | | (aggravated robbery), 19-1 (burglary), 19-3 (residential | 7 | | burglary), 20-1 (arson; residential arson; place of | 8 | | worship arson), 20-1.1 (aggravated arson), 20-1.2 | 9 | | (residential arson), 20-1.3 (place of worship arson), | 10 | | 24-1.2 (aggravated discharge of a firearm), 24-1.2-5 | 11 | | (aggravated discharge of a machine gun or silencer equipped | 12 | | firearm), 24-1.8 (unlawful possession of a firearm by a | 13 | | street gang member), 24-3.2 (unlawful discharge of firearm | 14 | | projectiles), 24-3.9 (aggravated possession of a stolen | 15 | | firearm), 24-3A (gunrunning), 26-5 or 48-1 (dog-fighting), | 16 | | 29D-14.9 (terrorism), 29D-15 (soliciting support for | 17 | | terrorism), 29D-15.1 (causing a catastrophe), 29D-15.2 | 18 | | (possession of a deadly substance), 29D-20 (making a | 19 | | terrorist threat), 29D-25 (falsely making a terrorist | 20 | | threat), 29D-29.9 (material support for terrorism), 29D-35 | 21 | | (hindering prosecution of terrorism), 31A-1.2 | 22 | | (unauthorized contraband in a penal institution), or 33A-3 | 23 | | (armed violence) , or 48-1 (dog fighting) ; | 24 | | (2) under the Cannabis Control Act: Sections 5 | 25 | | (manufacture or delivery of cannabis), 5.1 (cannabis | 26 | | trafficking), or 8 (production or possession of cannabis |
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| 1 | | plants), provided the offense either involves more than 500 | 2 | | grams of any substance containing cannabis or involves more | 3 | | than 50 cannabis sativa plants; | 4 | | (3) under the Illinois Controlled Substances Act: | 5 | | Sections 401 (manufacture or delivery of a controlled | 6 | | substance), 401.1 (controlled substance trafficking), 405 | 7 | | (calculated criminal drug conspiracy), or 405.2 (street | 8 | | gang criminal drug conspiracy); or | 9 | | (4) under the Methamphetamine Control and Community | 10 | | Protection Act: Sections 15 (methamphetamine | 11 | | manufacturing), or 55 (methamphetamine delivery). | 12 | | (f) "Pattern of predicate activity" means: | 13 | | (1) at least 3 occurrences of predicate activity that | 14 | | are in some way related to each other and that have | 15 | | continuity between them, and that are separate acts. Acts | 16 | | are related to each other if they are not isolated events, | 17 | | including if they have similar purposes, or results, or | 18 | | participants, or victims, or are committed a similar way, | 19 | | or have other similar distinguishing characteristics, or | 20 | | are part of the affairs of the same enterprise. There is | 21 | | continuity between acts if they are ongoing over a | 22 | | substantial period, or if they are part of the regular way | 23 | | some entity does business or conducts its affairs; and | 24 | | (2) which occurs after the effective date of this | 25 | | Article, and the last of which falls within 3 years | 26 | | (excluding any period of imprisonment) after the first |
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| 1 | | occurrence of predicate activity. | 2 | | (g) "Unlawful death" includes the following offenses: | 3 | | under the Code of 1961 or the Criminal Code of 2012: Sections | 4 | | 9-1 (first degree murder) or 9-2 (second degree murder).
| 5 | | (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .)
| 6 | | (720 ILCS 5/48-1)
(was 720 ILCS 5/26-5)
| 7 | | Sec. 48-1. 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.
| 24 | | (c) No person may sell or offer for sale, ship, transport,
| 25 | | or otherwise move, or deliver or receive any dog which he or |
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| 1 | | she
knows has been captured, bred, or trained, or will be used,
| 2 | | to fight another dog or human or be intentionally killed for
| 3 | | purposes of sport, wagering, or entertainment.
| 4 | | (c-5) No person may solicit a minor to violate this | 5 | | Section.
| 6 | | (d) No person may manufacture for sale, shipment, | 7 | | transportation,
or delivery any device or equipment which he or | 8 | | she knows or should know
is intended for use in any show, | 9 | | exhibition, program, or other activity
featuring or otherwise | 10 | | involving a fight between 2 or more dogs, or any
human and dog, | 11 | | or the intentional killing of any dog for purposes of
sport, | 12 | | wagering, or entertainment.
| 13 | | (e) No person may own, possess, sell or offer for sale, | 14 | | ship,
transport, or otherwise move any equipment or device | 15 | | which he or she
knows or should know is intended for use in | 16 | | connection with any show,
exhibition, program, or activity | 17 | | featuring or otherwise involving a fight
between 2 or more | 18 | | dogs, or any dog and human, or the intentional
killing of any | 19 | | dog for purposes of sport, wagering or entertainment.
| 20 | | (f) No person may knowingly make available any site, | 21 | | structure, or
facility, whether enclosed or not, that he or she | 22 | | knows is intended to be
used for the purpose of conducting any | 23 | | show, exhibition, program, or other
activity involving a fight | 24 | | between 2 or more dogs, or any dog and human, or the
| 25 | | intentional killing of any dog or knowingly manufacture, | 26 | | distribute, or
deliver fittings to be used in a fight between 2 |
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| 1 | | or more dogs or a dog and
human.
| 2 | | (g) No person may knowingly attend or otherwise patronize | 3 | | any show, exhibition,
program, or other activity featuring or | 4 | | otherwise involving a fight between
2 or more dogs, or any dog | 5 | | and human, or the intentional killing of
any dog for purposes | 6 | | of sport, wagering, or entertainment.
| 7 | | (h) No person may tie or attach or fasten any live animal | 8 | | to any
machine or device propelled by any power for the purpose | 9 | | of causing the
animal to be pursued by a dog or dogs. This | 10 | | subsection (h) applies only
when the dog is intended to be used | 11 | | in a dog fight.
| 12 | | (i) Sentence.
| 13 | | (1) Any person convicted of violating subsection (a), | 14 | | (b), (c), or (h)
of this Section is guilty of a Class
3 4 | 15 | | felony for a first violation and a
Class
2 3 felony for a | 16 | | second or subsequent violation, and may be fined an
amount | 17 | | not to exceed $50,000.
| 18 | | (1.5) A person who knowingly owns a dog for fighting | 19 | | purposes or for
producing a fight between 2 or more dogs or | 20 | | a dog and human or who knowingly
offers for sale or sells a | 21 | | dog bred for fighting is guilty of a Class
2 3 felony
and | 22 | | may be fined an amount not to exceed $50,000, if the dog | 23 | | participates
in a dogfight and any of the following factors | 24 | | is present:
| 25 | | (i) the dogfight is performed in the presence of a | 26 | | person under 18
years of age;
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| 1 | | (ii) the dogfight is performed for the purpose of | 2 | | or in the presence
of illegal wagering activity; or
| 3 | | (iii) the dogfight is performed in furtherance of | 4 | | streetgang related
activity as defined in Section 10 of | 5 | | the Illinois Streetgang Terrorism Omnibus
Prevention | 6 | | Act.
| 7 | | (1.7) A person convicted of violating subsection (c-5) | 8 | | of this Section
is guilty of a Class 3 4 felony.
| 9 | | (2) Any person convicted of violating subsection (d) or | 10 | | (e) of this
Section is guilty of a
Class 3 4 felony for a | 11 | | first violation.
A second or subsequent violation of | 12 | | subsection (d) or (e) of this Section
is a Class
2 3 | 13 | | felony.
| 14 | | (2.5) Any person convicted of violating subsection (f) | 15 | | of this Section
is guilty of a Class
3 4 felony. Any person | 16 | | convicted of violating subsection (f) of this Section in | 17 | | which the site, structure, or facility made available to | 18 | | violate subsection (f) is located within 1,000 feet of a | 19 | | school, public park, playground, child care institution, | 20 | | day care center, part day child care facility, day care | 21 | | home, group day care home, or a facility providing programs | 22 | | or services
exclusively directed toward persons under 18 | 23 | | years of age is guilty of a Class 2 3 felony for a first | 24 | | violation and a Class 1 2 felony for a second or subsequent | 25 | | violation.
| 26 | | (3) Any person convicted of violating subsection (g) of |
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| 1 | | this Section
is guilty of a Class 3 4 felony for a first | 2 | | violation. A second or
subsequent violation of subsection | 3 | | (g) of this Section is a Class 2 3 felony. If a person | 4 | | under 13 years of age is present at any show, exhibition,
| 5 | | program, or other activity prohibited in subsection (g), | 6 | | the parent, legal guardian, or other person who is 18 years | 7 | | of age or older who brings that person under 13 years of | 8 | | age to that show, exhibition, program, or other activity is | 9 | | guilty of a Class 2 3 felony for a first violation and a | 10 | | Class 1 2 felony for a second or subsequent violation.
| 11 | | (i-5) A person who commits a felony violation of this | 12 | | Section is subject to the property forfeiture provisions set | 13 | | forth in Article 124B of the Code of Criminal Procedure of | 14 | | 1963. | 15 | | (j) Any dog or equipment involved in a violation of this | 16 | | Section shall
be immediately seized and impounded under Section | 17 | | 12 of the Humane Care for
Animals Act when located at any show, | 18 | | exhibition, program, or other activity
featuring or otherwise | 19 | | involving a dog fight for the purposes of sport,
wagering, or | 20 | | entertainment.
| 21 | | (k) Any vehicle or conveyance other than a common carrier | 22 | | that is used
in violation of this Section shall be seized, | 23 | | held, and offered for sale at
public auction by the sheriff's | 24 | | department of the proper jurisdiction, and
the proceeds from | 25 | | the sale shall be remitted to the general fund of the
county | 26 | | where the violation took place.
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| 1 | | (l) Any veterinarian in this State who is presented with a | 2 | | dog for treatment
of injuries or wounds resulting from fighting | 3 | | where there is a reasonable
possibility that the dog was | 4 | | engaged in or utilized for a fighting event for
the purposes of | 5 | | sport, wagering, or entertainment shall file a report with the
| 6 | | Department of Agriculture and cooperate by furnishing the | 7 | | owners' names, dates,
and descriptions of the dog or dogs | 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.
| 14 | | (m) In addition to any other penalty provided by law, upon | 15 | | conviction for
violating this Section, the court may order that | 16 | | the convicted person and
persons dwelling in the same household | 17 | | as the convicted person who conspired,
aided, or abetted in the | 18 | | unlawful act that was the basis of the conviction,
or who knew | 19 | | or should have known of the unlawful act, may not own, harbor, | 20 | | or
have custody or control of any dog or other animal for a | 21 | | period of time that
the court deems reasonable.
| 22 | | (n) A violation of subsection (a) of this Section may be | 23 | | inferred from evidence that the accused possessed any device or | 24 | | equipment described in subsection (d), (e), or (h) of this | 25 | | Section, and also possessed any dog.
| 26 | | (o) When no longer required for investigations or court |
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| 1 | | proceedings relating to the events described or depicted | 2 | | therein, evidence relating to convictions for violations of | 3 | | this Section shall be retained and made available for use in | 4 | | training peace officers in detecting and identifying | 5 | | violations of this Section. Such evidence shall be made | 6 | | available upon request to other law enforcement agencies and to | 7 | | schools certified under the Illinois Police Training Act.
| 8 | | (p) For the purposes of this Section, "school" has the | 9 | | meaning ascribed to it in Section 11-9.3 of this Code; and | 10 | | "public park", "playground", "child care institution", "day | 11 | | care center", "part day child care facility", "day care home", | 12 | | "group day care home", and "facility providing programs or | 13 | | services
exclusively directed toward persons under 18 years of | 14 | | age" have the meanings ascribed to them in Section 11-9.4 of | 15 | | this Code. | 16 | | (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; | 17 | | 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff. | 18 | | 1-1-13.)
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