Full Text of HB0613 101st General Assembly
HB0613 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0613 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/48-1 |
was 720 ILCS 5/26-5) |
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Amends the Criminal Code of 2012. Makes a technical change in a Section concerning dog fighting.
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| | 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 | | Section 48-1 as follows:
| 6 | | (720 ILCS 5/48-1)
(was 720 ILCS 5/26-5)
| 7 | | Sec. 48-1. Dog fighting. (For other provisions that
that | 8 | | may apply to dog
fighting, see the Humane Care for Animals Act. | 9 | | For provisions similar to this
Section that apply to animals | 10 | | other than dogs, see in particular Section 4.01
of the Humane | 11 | | Care 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.
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| 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
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| 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) Sentence.
| 15 | | (1) Any person convicted of violating subsection (a), | 16 | | (b), (c), or (h)
of this Section is guilty of a Class
4 | 17 | | felony for a first violation and a
Class
3 felony for a | 18 | | second or subsequent violation, and may be fined an
amount | 19 | | not to exceed $50,000.
| 20 | | (1.5) A person who knowingly owns a dog for fighting | 21 | | purposes or for
producing a fight between 2 or more dogs or | 22 | | a dog and human or who knowingly
offers for sale or sells a | 23 | | dog bred for fighting is guilty of a Class
3 felony
and may | 24 | | be fined an amount not to exceed $50,000, if the dog | 25 | | participates
in a dogfight and any of the following factors | 26 | | is present:
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| 1 | | (i) the dogfight is performed in the presence of a | 2 | | person under 18
years of age;
| 3 | | (ii) the dogfight is performed for the purpose of | 4 | | or in the presence
of illegal wagering activity; or
| 5 | | (iii) the dogfight is performed in furtherance of | 6 | | streetgang related
activity as defined in Section 10 of | 7 | | the Illinois Streetgang Terrorism Omnibus
Prevention | 8 | | Act.
| 9 | | (1.7) A person convicted of violating subsection (c-5) | 10 | | of this Section
is guilty of a Class 4 felony.
| 11 | | (2) Any person convicted of violating subsection (d) or | 12 | | (e) of this
Section is guilty of a
Class 4 felony for a | 13 | | first violation.
A second or subsequent violation of | 14 | | subsection (d) or (e) of this Section
is a Class
3 felony.
| 15 | | (2.5) Any person convicted of violating subsection (f) | 16 | | of this Section
is guilty of a Class
4 felony. Any person | 17 | | convicted of violating subsection (f) of this Section in | 18 | | which the site, structure, or facility made available to | 19 | | violate subsection (f) is located within 1,000 feet of a | 20 | | school, public park, playground, child care institution, | 21 | | day care center, part day child care facility, day care | 22 | | home, group day care home, or a facility providing programs | 23 | | or services
exclusively directed toward persons under 18 | 24 | | years of age is guilty of a Class 3 felony for a first | 25 | | violation and a Class 2 felony for a second or subsequent | 26 | | violation.
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| 1 | | (3) Any person convicted of violating subsection (g) of | 2 | | this Section
is guilty of a Class 4 felony for a first | 3 | | violation. A second or
subsequent violation of subsection | 4 | | (g) of this Section is a Class 3 felony. If a person under | 5 | | 13 years of age is present at any show, exhibition,
| 6 | | program, or other activity prohibited in subsection (g), | 7 | | the parent, legal guardian, or other person who is 18 years | 8 | | of age or older who brings that person under 13 years of | 9 | | age to that show, exhibition, program, or other activity is | 10 | | guilty of a Class 3 felony for a first violation and a | 11 | | Class 2 felony for a second or subsequent violation.
| 12 | | (i-5) A person who commits a felony violation of this | 13 | | Section is subject to the property forfeiture provisions set | 14 | | forth in Article 124B of the Code of Criminal Procedure of | 15 | | 1963. | 16 | | (j) Any dog or equipment involved in a violation of this | 17 | | Section shall
be immediately seized and impounded under Section | 18 | | 12 of the Humane Care for
Animals Act when located at any show, | 19 | | exhibition, program, or other activity
featuring or otherwise | 20 | | involving a dog fight for the purposes of sport,
wagering, or | 21 | | entertainment.
| 22 | | (k) Any vehicle or conveyance other than a common carrier | 23 | | that is used
in violation of this Section shall be seized, | 24 | | held, and offered for sale at
public auction by the sheriff's | 25 | | department of the proper jurisdiction, and
the proceeds from | 26 | | the sale shall be remitted to the general fund of the
county |
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| 1 | | where the violation took place.
| 2 | | (l) Any veterinarian in this State who is presented with a | 3 | | dog for treatment
of injuries or wounds resulting from fighting | 4 | | where there is a reasonable
possibility that the dog was | 5 | | engaged in or utilized for a fighting event for
the purposes of | 6 | | sport, wagering, or entertainment shall file a report with the
| 7 | | Department of Agriculture and cooperate by furnishing the | 8 | | owners' names, dates,
and descriptions of the dog or dogs | 9 | | involved. Any veterinarian who in good
faith complies with the | 10 | | requirements of this subsection has immunity from any
| 11 | | liability, civil, criminal, or otherwise, that may result from | 12 | | his or her
actions. For the purposes of any proceedings, civil | 13 | | or criminal, the good
faith of the veterinarian shall be | 14 | | rebuttably presumed.
| 15 | | (m) In addition to any other penalty provided by law, upon | 16 | | conviction for
violating this Section, the court may order that | 17 | | the convicted person and
persons dwelling in the same household | 18 | | as the convicted person who conspired,
aided, or abetted in the | 19 | | unlawful act that was the basis of the conviction,
or who knew | 20 | | or should have known of the unlawful act, may not own, harbor, | 21 | | or
have custody or control of any dog or other animal for a | 22 | | period of time that
the court deems reasonable.
| 23 | | (n) A violation of subsection (a) of this Section may be | 24 | | inferred from evidence that the accused possessed any device or | 25 | | equipment described in subsection (d), (e), or (h) of this | 26 | | Section, and also possessed any dog.
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| 1 | | (o) When no longer required for investigations or court | 2 | | proceedings relating to the events described or depicted | 3 | | therein, evidence relating to convictions for violations of | 4 | | this Section shall be retained and made available for use in | 5 | | training peace officers in detecting and identifying | 6 | | violations of this Section. Such evidence shall be made | 7 | | available upon request to other law enforcement agencies and to | 8 | | schools certified under the Illinois Police Training Act.
| 9 | | (p) For the purposes of this Section, "school" has the | 10 | | meaning ascribed to it in Section 11-9.3 of this Code; and | 11 | | "public park", "playground", "child care institution", "day | 12 | | care center", "part day child care facility", "day care home", | 13 | | "group day care home", and "facility providing programs or | 14 | | services
exclusively directed toward persons under 18 years of | 15 | | age" have the meanings ascribed to them in Section 11-9.4 of | 16 | | this Code. | 17 | | (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; | 18 | | 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff. | 19 | | 1-1-13.)
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