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| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
91_SB0459ham001
LRB9103104DHpkam
1 AMENDMENT TO SENATE BILL 459
2 AMENDMENT NO. . Amend Senate Bill 459 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Humane Care for Animals Act."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Humane Care for Animals Act is amended
8 by changing Section 16 and adding Sections 16.1 and 20 as
9 follows:
10 (510 ILCS 70/16) (from Ch. 8, par. 716)
11 Sec. 16. Violations; punishment; injunctions.
12 (a) Any person convicted of violating Sections 5, 5.01,
13 or 6 of this Act or any rule, regulation, or order of the
14 Department pursuant thereto, is guilty of a Class C
15 misdemeanor.
16 (b)(1) This subsection (b) does not apply where the
17 only animals involved in the violation are dogs.
18 (2) Any person convicted of violating subsection
19 (a), (b), (c) or (h) of Section 4.01 of this Act or any
20 rule, regulation, or order of the Department pursuant
21 thereto, is guilty of a Class A misdemeanor.
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1 (3) A second or subsequent offense involving the
2 violation of subsection (a), (b) or (c) of Section 4.01
3 of this Act or any rule, regulation, or order of the
4 Department pursuant thereto is a Class 4 felony.
5 (4) Any person convicted of violating subsection
6 (d), (e) or (f) of Section 4.01 of this Act or any rule,
7 regulation, or order of the Department pursuant thereto,
8 is guilty of a Class B misdemeanor.
9 (5) Any person convicted of violating subsection
10 (g) of Section 4.01 of this Act or any rule, regulation,
11 or order of the Department pursuant thereto is guilty of
12 a Class C misdemeanor.
13 (c)(1) This subsection (c) applies exclusively
14 where the only animals involved in the violation are
15 dogs.
16 (2) Any person convicted of violating subsection
17 (a), (b) or (c) of Section 4.01 of this Act or any rule,
18 regulation or order of the Department pursuant thereto is
19 guilty of a Class 4 felony and may be fined an amount not
20 to exceed $50,000.
21 (3) Any person convicted of violating subsection
22 (d), (e) or (f) of Section 4.01 of this Act or any rule,
23 regulation or order of the Department pursuant thereto is
24 guilty of Class A misdemeanor, if such person knew or
25 should have known that the device or equipment under
26 subsection (d) or (e) of that Section or the site,
27 structure or facility under subsection (f) of that
28 Section was to be used to carry out a violation where the
29 only animals involved were dogs. Where such person did
30 not know or should not reasonably have been expected to
31 know that the only animals involved in the violation were
32 dogs, the penalty shall be same as that provided for in
33 paragraph (4) of subsection (b).
34 (4) Any person convicted of violating subsection
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1 (g) of Section 4.01 of this Act or any rule, regulation
2 or order of the Department pursuant thereto is guilty of
3 a Class C misdemeanor.
4 (5) A second or subsequent violation of subsection
5 (a), (b) or (c) of Section 4.01 of this Act or any rule,
6 regulation or order of the Department pursuant thereto is
7 a Class 3 felony. A second or subsequent violation of
8 subsection (d), (e) or (f) of Section 4.01 of this Act or
9 any rule, regulation or order of the Department adopted
10 pursuant thereto is a Class 3 felony, if in each
11 violation the person knew or should have known that the
12 device or equipment under subsection (d) or (e) of that
13 Section or the site, structure or facility under
14 subsection (f) of that Section was to be used to carry
15 out a violation where the only animals involved were
16 dogs. Where such person did not know or should not
17 reasonably have been expected to know that the only
18 animals involved in the violation were dogs, a second or
19 subsequent violation of subsection (d), (e) or (f) of
20 Section 4.01 of this Act or any rule, regulation or order
21 of the Department adopted pursuant thereto is a Class A
22 misdemeanor. A second or subsequent violation of
23 subsection (g) is a Class B misdemeanor.
24 (6) Any person convicted of violating Section 3.01
25 of this Act is guilty of a Class C misdemeanor. A second
26 conviction for a violation of Section 3.01 is a Class B
27 misdemeanor. A third or subsequent conviction for a
28 violation of Section 3.01 is a Class A misdemeanor.
29 (7) Any person convicted of violating Section 4.03
30 is guilty of a Class B misdemeanor.
31 (8) Any person convicted of violating Section 4.04
32 is guilty of a Class A misdemeanor where the animal is
33 not killed or totally disabled, but if the animal is
34 killed or totally disabled such person shall be guilty of
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1 a Class 4 felony.
2 (8.5) A person convicted of violating subsection
3 (a) of Section 7.15 is guilty of a Class B misdemeanor.
4 A person convicted of violating subsection (b) or (c) of
5 Section 7.15 is (i) guilty of a Class A misdemeanor if
6 the dog is not killed or totally disabled and (ii) if the
7 dog is killed or totally disabled, guilty of a Class 4
8 felony and may be ordered by the court to make
9 restitution to the disabled person having custody or
10 ownership of the dog for veterinary bills and replacement
11 costs of the dog.
12 (9) Any person convicted of violating any other
13 provision of this Act, or any rule, regulation, or order
14 of the Department pursuant thereto, is guilty of a Class
15 C misdemeanor with every day that a violation continues
16 constituting a separate offense.
17 (d) Any person convicted of violating Section 7.1 is
18 guilty of a petty offense. A second or subsequent conviction
19 for a violation of Section 7.1 is a Class C misdemeanor.
20 (e) Any person convicted of violating Section 3.02 is
21 guilty of a Class A misdemeanor. A second or subsequent
22 conviction for a violation of Section 3.02 is a Class 4
23 felony.
24 (f) The Department may enjoin a person from a continuing
25 violation of this Act.
26 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
27 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)
28 (510 ILCS 70/16.1 new)
29 Sec. 16.1. Violator must pay costs of aggravated
30 cruelty. In addition to the other penalties, a person
31 convicted of violating Section 3.02 must pay all costs
32 necessary to restore the animal to good health, if injured,
33 or to compensate the owner for the value of the animal, if
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1 the animal was killed.
2 (510 ILCS 70/20 new)
3 Sec. 20. Civil right of action. Any person who has a
4 right of ownership in a companion animal which is subjected
5 to an act of aggravated cruelty in violation of Section 3.02
6 may bring a civil action to recover the damages sustained by
7 that owner. Damages may include but are not limited to the
8 monetary value of the animal, veterinary expenses incurred on
9 behalf of the animal, any other expenses incurred by the
10 owner in rectifying the effects of the cruelty, pain and
11 suffering of the animal, and emotional distress suffered by
12 the owner. In addition to damages that may be proven, the
13 owner also is entitled to punitive or exemplary damages of
14 not less than $500 nor more than $25,000 for each act of
15 aggravated cruelty to which each animal of the owner was
16 subjected. In addition, the court shall award reasonable
17 attorney's fees and costs actually incurred by the owner in
18 the prosecution of any action under this Section. The
19 remedies provided in this Section are in addition to any
20 other remedies allowed by law. In an action under this
21 Section, the court may enter any injunctive orders reasonably
22 necessary to protect animals from any further acts of cruelty
23 or harassment by a defendant. Trespass is not a defense to
24 any action under this Section.
25 The statute of limitations for a civil right of action
26 for aggravated cruelty shall be 2 years.
27 Section 99. Effective date. This Act takes effect
28 January 1, 2000.".