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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0374
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1 AN ACT concerning animal torture.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Humane Care for Animals Act is amended by
5 changing Section 16 and adding Section 3.03 as follows:
6 (510 ILCS 70/3.03 new)
7 Sec. 3.03. Animal torture. A person commits animal
8 torture when that person without legal justification
9 knowingly or intentionally tortures an animal. For purposes
10 of this Section, "torture" means infliction of or subjection
11 to extreme physical pain, motivated by an intent to increase
12 or prolong the pain, suffering, or agony of the animal.
13 (510 ILCS 70/16) (from Ch. 8, par. 716)
14 Sec. 16. Violations; punishment; injunctions.
15 (a) Any person convicted of violating Sections 5, 5.01,
16 or 6 of this Act or any rule, regulation, or order of the
17 Department pursuant thereto, is guilty of a Class C
18 misdemeanor.
19 (b)(1) This subsection (b) does not apply where the
20 only animals involved in the violation are dogs.
21 (2) Any person convicted of violating subsection
22 (a), (b), (c) or (h) of Section 4.01 of this Act or any
23 rule, regulation, or order of the Department pursuant
24 thereto, is guilty of a Class A misdemeanor.
25 (3) A second or subsequent offense involving the
26 violation of subsection (a), (b) or (c) of Section 4.01
27 of this Act or any rule, regulation, or order of the
28 Department pursuant thereto is a Class 4 felony.
29 (4) Any person convicted of violating subsection
30 (d), (e) or (f) of Section 4.01 of this Act or any rule,
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1 regulation, or order of the Department pursuant thereto,
2 is guilty of a Class B misdemeanor.
3 (5) Any person convicted of violating subsection
4 (g) of Section 4.01 of this Act or any rule, regulation,
5 or order of the Department pursuant thereto is guilty of
6 a Class C misdemeanor.
7 (c)(1) This subsection (c) applies exclusively
8 where the only animals involved in the violation are
9 dogs.
10 (2) Any person convicted of violating subsection
11 (a), (b) or (c) of Section 4.01 of this Act or any rule,
12 regulation or order of the Department pursuant thereto is
13 guilty of a Class 4 felony and may be fined an amount not
14 to exceed $50,000.
15 (3) Any person convicted of violating subsection
16 (d), (e) or (f) of Section 4.01 of this Act or any rule,
17 regulation or order of the Department pursuant thereto is
18 guilty of Class A misdemeanor, if such person knew or
19 should have known that the device or equipment under
20 subsection (d) or (e) of that Section or the site,
21 structure or facility under subsection (f) of that
22 Section was to be used to carry out a violation where the
23 only animals involved were dogs. Where such person did
24 not know or should not reasonably have been expected to
25 know that the only animals involved in the violation were
26 dogs, the penalty shall be same as that provided for in
27 paragraph (4) of subsection (b).
28 (4) Any person convicted of violating subsection
29 (g) of Section 4.01 of this Act or any rule, regulation
30 or order of the Department pursuant thereto is guilty of
31 a Class C misdemeanor.
32 (5) A second or subsequent violation of subsection
33 (a), (b) or (c) of Section 4.01 of this Act or any rule,
34 regulation or order of the Department pursuant thereto is
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1 a Class 3 felony. A second or subsequent violation of
2 subsection (d), (e) or (f) of Section 4.01 of this Act or
3 any rule, regulation or order of the Department adopted
4 pursuant thereto is a Class 3 felony, if in each
5 violation the person knew or should have known that the
6 device or equipment under subsection (d) or (e) of that
7 Section or the site, structure or facility under
8 subsection (f) of that Section was to be used to carry
9 out a violation where the only animals involved were
10 dogs. Where such person did not know or should not
11 reasonably have been expected to know that the only
12 animals involved in the violation were dogs, a second or
13 subsequent violation of subsection (d), (e) or (f) of
14 Section 4.01 of this Act or any rule, regulation or order
15 of the Department adopted pursuant thereto is a Class A
16 misdemeanor. A second or subsequent violation of
17 subsection (g) is a Class B misdemeanor.
18 (6) Any person convicted of violating Section 3.01
19 of this Act is guilty of a Class C misdemeanor. A second
20 conviction for a violation of Section 3.01 is a Class B
21 misdemeanor. A third or subsequent conviction for a
22 violation of Section 3.01 is a Class A misdemeanor.
23 (7) Any person convicted of violating Section 4.03
24 is guilty of a Class B misdemeanor.
25 (8) Any person convicted of violating Section 4.04
26 is guilty of a Class A misdemeanor where the animal is
27 not killed or totally disabled, but if the animal is
28 killed or totally disabled such person shall be guilty of
29 a Class 4 felony.
30 (8.5) A person convicted of violating subsection
31 (a) of Section 7.15 is guilty of a Class B misdemeanor.
32 A person convicted of violating subsection (b) or (c) of
33 Section 7.15 is (i) guilty of a Class A misdemeanor if
34 the dog is not killed or totally disabled and (ii) if the
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1 dog is killed or totally disabled, guilty of a Class 4
2 felony and may be ordered by the court to make
3 restitution to the disabled person having custody or
4 ownership of the dog for veterinary bills and replacement
5 costs of the dog.
6 (9) Any person convicted of violating any other
7 provision of this Act, or any rule, regulation, or order
8 of the Department pursuant thereto, is guilty of a Class
9 C misdemeanor with every day that a violation continues
10 constituting a separate offense.
11 (d) Any person convicted of violating Section 7.1 is
12 guilty of a petty offense. A second or subsequent conviction
13 for a violation of Section 7.1 is a Class C misdemeanor.
14 (e) Any person convicted of violating Section 3.02 is
15 guilty of a Class A misdemeanor.
16 (f) The Department may enjoin a person from a continuing
17 violation of this Act.
18 (g) Any person convicted of violating Section 3.03 is
19 guilty of a Class 4 felony. A second or subsequent offense
20 is a Class 3 felony. As a condition of the sentence imposed
21 under this Section, the court shall order the offender to
22 undergo a psychological or psychiatric evaluation and to
23 undergo treatment that the court determines to be appropriate
24 after due consideration of the evaluation.
25 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
26 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)
27 Section 99. This Act takes effect upon becoming law.