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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0374enr SB374 Enrolled LRB9102498DHmg 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. 8 (a) A person commits animal torture when that person 9 without legal justification knowingly or intentionally 10 tortures an animal. For purposes of this Section, and 11 subject to subsection (b), "torture" means infliction of or 12 subjection to extreme physical pain, motivated by an intent 13 to increase or prolong the pain, suffering, or agony of the 14 animal. 15 (b) For the purposes of this Section, "animal torture" 16 does not include any death, harm, or injury caused to any 17 animal by any of the following activities: 18 (1) any hunting, fishing, trapping, or other 19 activity allowed under the Wildlife Code, the Wildlife 20 Habitat Management Areas Act, or the Fish and Aquatic 21 Life Code; 22 (2) any alteration or destruction of any animal 23 done by any person or unit of government pursuant to 24 statute, ordinance, court order, or the direction of a 25 licensed veterinarian; 26 (3) any alteration or destruction of any animal by 27 any person for any legitimate purpose, including, but not 28 limited to: castration, culling, declawing, defanging, 29 ear cropping, euthanasia, gelding, grooming, neutering, 30 polling, shearing, shoeing, slaughtering, spaying, tail 31 docking, and vivisection; and SB374 Enrolled -2- LRB9102498DHmg 1 (4) any other activity that may be lawfully done to 2 an animal. 3 (510 ILCS 70/16) (from Ch. 8, par. 716) 4 Sec. 16. Violations; punishment; injunctions. 5 (a) Any person convicted of violating Sections 5, 5.01, 6 or 6 of this Act or any rule, regulation, or order of the 7 Department pursuant thereto, is guilty of a Class C 8 misdemeanor. 9 (b)(1) This subsection (b) does not apply where the 10 only animals involved in the violation are dogs. 11 (2) Any person convicted of violating subsection 12 (a), (b), (c) or (h) of Section 4.01 of this Act or any 13 rule, regulation, or order of the Department pursuant 14 thereto, is guilty of a Class A misdemeanor. 15 (3) A second or subsequent offense involving the 16 violation of subsection (a), (b) or (c) of Section 4.01 17 of this Act or any rule, regulation, or order of the 18 Department pursuant thereto is a Class 4 felony. 19 (4) Any person convicted of violating subsection 20 (d), (e) or (f) of Section 4.01 of this Act or any rule, 21 regulation, or order of the Department pursuant thereto, 22 is guilty of a Class B misdemeanor. 23 (5) Any person convicted of violating subsection 24 (g) of Section 4.01 of this Act or any rule, regulation, 25 or order of the Department pursuant thereto is guilty of 26 a Class C misdemeanor. 27 (c)(1) This subsection (c) applies exclusively 28 where the only animals involved in the violation are 29 dogs. 30 (2) Any person convicted of violating subsection 31 (a), (b) or (c) of Section 4.01 of this Act or any rule, 32 regulation or order of the Department pursuant thereto is 33 guilty of a Class 4 felony and may be fined an amount not SB374 Enrolled -3- LRB9102498DHmg 1 to exceed $50,000. 2 (3) Any person convicted of violating subsection 3 (d), (e) or (f) of Section 4.01 of this Act or any rule, 4 regulation or order of the Department pursuant thereto is 5 guilty of Class A misdemeanor, if such person knew or 6 should have known that the device or equipment under 7 subsection (d) or (e) of that Section or the site, 8 structure or facility under subsection (f) of that 9 Section was to be used to carry out a violation where the 10 only animals involved were dogs. Where such person did 11 not know or should not reasonably have been expected to 12 know that the only animals involved in the violation were 13 dogs, the penalty shall be same as that provided for in 14 paragraph (4) of subsection (b). 15 (4) Any person convicted of violating subsection 16 (g) of Section 4.01 of this Act or any rule, regulation 17 or order of the Department pursuant thereto is guilty of 18 a Class C misdemeanor. 19 (5) A second or subsequent violation of subsection 20 (a), (b) or (c) of Section 4.01 of this Act or any rule, 21 regulation or order of the Department pursuant thereto is 22 a Class 3 felony. A second or subsequent violation of 23 subsection (d), (e) or (f) of Section 4.01 of this Act or 24 any rule, regulation or order of the Department adopted 25 pursuant thereto is a Class 3 felony, if in each 26 violation the person knew or should have known that the 27 device or equipment under subsection (d) or (e) of that 28 Section or the site, structure or facility under 29 subsection (f) of that Section was to be used to carry 30 out a violation where the only animals involved were 31 dogs. Where such person did not know or should not 32 reasonably have been expected to know that the only 33 animals involved in the violation were dogs, a second or 34 subsequent violation of subsection (d), (e) or (f) of SB374 Enrolled -4- LRB9102498DHmg 1 Section 4.01 of this Act or any rule, regulation or order 2 of the Department adopted pursuant thereto is a Class A 3 misdemeanor. A second or subsequent violation of 4 subsection (g) is a Class B misdemeanor. 5 (6) Any person convicted of violating Section 3.01 6 of this Act is guilty of a Class C misdemeanor. A second 7 conviction for a violation of Section 3.01 is a Class B 8 misdemeanor. A third or subsequent conviction for a 9 violation of Section 3.01 is a Class A misdemeanor. 10 (7) Any person convicted of violating Section 4.03 11 is guilty of a Class B misdemeanor. 12 (8) Any person convicted of violating Section 4.04 13 is guilty of a Class A misdemeanor where the animal is 14 not killed or totally disabled, but if the animal is 15 killed or totally disabled such person shall be guilty of 16 a Class 4 felony. 17 (8.5) A person convicted of violating subsection 18 (a) of Section 7.15 is guilty of a Class B misdemeanor. 19 A person convicted of violating subsection (b) or (c) of 20 Section 7.15 is (i) guilty of a Class A misdemeanor if 21 the dog is not killed or totally disabled and (ii) if the 22 dog is killed or totally disabled, guilty of a Class 4 23 felony and may be ordered by the court to make 24 restitution to the disabled person having custody or 25 ownership of the dog for veterinary bills and replacement 26 costs of the dog. 27 (9) Any person convicted of violating any other 28 provision of this Act, or any rule, regulation, or order 29 of the Department pursuant thereto, is guilty of a Class 30 C misdemeanor with every day that a violation continues 31 constituting a separate offense. 32 (d) Any person convicted of violating Section 7.1 is 33 guilty of a petty offense. A second or subsequent conviction 34 for a violation of Section 7.1 is a Class C misdemeanor. SB374 Enrolled -5- LRB9102498DHmg 1 (e) Any person convicted of violating Section 3.02 is 2 guilty of a Class A misdemeanor. 3 (f) The Department may enjoin a person from a continuing 4 violation of this Act. 5 (g) Any person convicted of violating Section 3.03 is 6 guilty of a Class 4 felony. A second or subsequent offense 7 is a Class 3 felony. As a condition of the sentence imposed 8 under this Section, the court shall order the offender to 9 undergo a psychological or psychiatric evaluation and to 10 undergo treatment that the court determines to be appropriate 11 after due consideration of the evaluation. 12 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96; 13 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.) 14 Section 99. This Act takes effect upon becoming law.