State of Illinois
92nd General Assembly
Legislation

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92_HB0053

 
                                               LRB9200809TAtm

 1        AN ACT to amend  the  Humane  Care  for  Animals  Act  by
 2    changing Section 16 and adding Section 4.05.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Humane Care for Animals Act is amended by
 6    changing Section 16 and adding Section 4.05 as follows:

 7        (510 ILCS 70/4.05 new)
 8        Sec. 4.05.  Dog racing prohibited.  No person shall hold,
 9    conduct, or operate any greyhound race for public  exhibition
10    in this State for monetary remuneration.

11        (510 ILCS 70/16) (from Ch. 8, par. 716)
12        Sec. 16.  Violations; punishment; injunctions.
13        (a)  Any  person convicted of violating Sections 5, 5.01,
14    or 6 of this Act  or any rule, regulation, or  order  of  the
15    Department   pursuant   thereto,  is  guilty  of  a  Class  C
16    misdemeanor.
17             (b)(1)  This subsection (b) does not apply where the
18        only animals involved in the violation are dogs.
19             (2)  Any person convicted  of  violating  subsection
20        (a),  (b),  (c) or (h) of Section 4.01 of this Act or any
21        rule, regulation, or order  of  the  Department  pursuant
22        thereto, is guilty of a Class A misdemeanor.
23             (3)  A  second  or  subsequent offense involving the
24        violation of subsection (a), (b) or (c) of  Section  4.01
25        of  this  Act  or  any  rule, regulation, or order of the
26        Department pursuant thereto is a Class 4 felony.
27             (4)  Any person convicted  of  violating  subsection
28        (d),  (e) or (f) of Section 4.01 of this Act or any rule,
29        regulation, or order of the Department pursuant  thereto,
30        is guilty of a Class B misdemeanor.

 
                            -2-                LRB9200809TAtm
 1             (5)  Any  person  convicted  of violating subsection
 2        (g) of Section 4.01 of this Act or any rule,  regulation,
 3        or  order of the Department pursuant thereto is guilty of
 4        a Class C misdemeanor.
 5             (c)(1)  This  subsection  (c)  applies   exclusively
 6        where  the  only  animals  involved  in the violation are
 7        dogs.
 8             (2)  Any person convicted  of  violating  subsection
 9        (a),  (b) or (c) of Section 4.01 of this Act or any rule,
10        regulation or order of the Department pursuant thereto is
11        guilty of a Class 4 felony and may be fined an amount not
12        to exceed $50,000.
13             (3)  Any person convicted  of  violating  subsection
14        (d),  (e) or (f) of Section 4.01 of this Act or any rule,
15        regulation or order of the Department pursuant thereto is
16        guilty of Class A misdemeanor, if  such  person  knew  or
17        should  have  known  that  the  device or equipment under
18        subsection (d) or  (e)  of  that  Section  or  the  site,
19        structure  or  facility  under  subsection  (f)  of  that
20        Section was to be used to carry out a violation where the
21        only  animals  involved were dogs.  Where such person did
22        not know or should not reasonably have been  expected  to
23        know that the only animals involved in the violation were
24        dogs,  the  penalty shall be same as that provided for in
25        paragraph (4) of subsection (b).
26             (4)  Any person convicted  of  violating  subsection
27        (g)  of  Section 4.01 of this Act or any rule, regulation
28        or order of the Department pursuant thereto is  guilty of
29        a Class C misdemeanor.
30             (5)  A second or subsequent violation of  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        a Class 3 felony.  A second or  subsequent  violation  of
34        subsection (d), (e) or (f) of Section 4.01 of this Act or
 
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 1        any  rule,  regulation or order of the Department adopted
 2        pursuant  thereto  is  a  Class  3  felony,  if  in  each
 3        violation the person knew or should have known  that  the
 4        device  or  equipment under subsection (d) or (e) of that
 5        Section  or  the  site,  structure  or   facility   under
 6        subsection  (f)  of  that Section was to be used to carry
 7        out a violation where  the  only  animals  involved  were
 8        dogs.    Where  such  person  did  not know or should not
 9        reasonably have been  expected  to  know  that  the  only
10        animals  involved in the violation were dogs, a second or
11        subsequent violation of subsection (d),  (e)  or  (f)  of
12        Section 4.01 of this Act or any rule, regulation or order
13        of  the  Department adopted pursuant thereto is a Class A
14        misdemeanor.   A  second  or  subsequent   violation   of
15        subsection (g) is a Class B misdemeanor.
16             (6)  Any  person convicted of violating Section 3.01
17        of this Act is guilty of a Class C misdemeanor.  A second
18        conviction for a violation of Section 3.01 is a  Class  B
19        misdemeanor.   A  third  or  subsequent  conviction for a
20        violation of Section 3.01 is a Class  A misdemeanor.
21             (7)  Any person convicted of violating Section  4.03
22        is guilty of a Class B misdemeanor.
23             (8)  Any  person convicted of violating Section 4.04
24        is guilty of a Class A misdemeanor where  the  animal  is
25        not  killed  or  totally  disabled,  but if the animal is
26        killed or totally disabled such person shall be guilty of
27        a Class 4 felony.
28             (8.5)  A person convicted  of  violating  subsection
29        (a)  of  Section 7.15 is guilty of a Class B misdemeanor.
30        A person convicted of violating subsection (b) or (c)  of
31        Section  7.15  is  (i) guilty of a Class A misdemeanor if
32        the dog is not killed or totally disabled and (ii) if the
33        dog is killed or totally disabled, guilty of  a  Class  4
34        felony   and   may  be  ordered  by  the  court  to  make
 
                            -4-                LRB9200809TAtm
 1        restitution to the  disabled  person  having  custody  or
 2        ownership of the dog for veterinary bills and replacement
 3        costs of the dog.
 4             (9)  Any  person  convicted  of  violating any other
 5        provision of this Act, or any rule, regulation, or  order
 6        of  the Department pursuant thereto, is guilty of a Class
 7        C misdemeanor with every day that a  violation  continues
 8        constituting a separate offense.
 9             (10)  Any  person  who violates Section 4.05 of this
10        Act shall be guilty of a Class A misdemeanor.
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.   A  second  or  subsequent
16    violation is a Class 4 felony.
17        (f)  The Department may enjoin a person from a continuing
18    violation of this Act.
19        (g)  Any  person  convicted  of violating Section 3.03 is
20    guilty of a Class 4 felony.  A second or  subsequent  offense
21    is  a Class 3 felony.  As a condition of the sentence imposed
22    under this Section, the court shall  order  the  offender  to
23    undergo  a  psychological  or  psychiatric  evaluation and to
24    undergo treatment that the court determines to be appropriate
25    after due consideration of the evaluation.
26    (Source:  P.A.  90-14,  eff.  7-1-97;  90-80,  eff.  7-10-97;
27    91-291, eff.  1-1-00;  91-351,  eff.  7-29-99;  91-357,  eff.
28    7-29-99; revised 8-30-99.)

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