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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_HB2440eng HB2440 Engrossed LRB9206780RCcd 1 AN ACT in relation to criminal law. 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 5 by changing Sections 4.01, 4.02, and 16 as follows: 6 (510 ILCS 70/4.01) (from Ch. 8, par. 704.01) 7 Sec. 4.01. (a) No person may own, capture, breed, train, 8 or lease any animal which he or she knows or should know is 9 intended for use in any show, exhibition, program, or other 10 activity featuring or otherwise involving a fight between 11 such animal and any other animal or human, or the intentional 12 killing of any animal for the purpose of sport, wagering, or 13 entertainment. 14 (b) No person shall promote, conduct, carry on, 15 advertise, collect money for or in any other manner assist 16 or aid in the presentation for purposes of sport, wagering, 17 or entertainment, any show, exhibition, program, or other 18 activity involving a fight between 2 or more animals or any 19 animal and human, or the intentional killing of any animal. 20 (c) No person shall sell or offer for sale, ship, 21 transport, or otherwise move, or deliver or receive any 22 animal which he or she knows or should know has been 23 captured, bred, or trained, or will be used, to fight another 24 animal or human or be intentionally killed, for the purpose 25 of sport, wagering, or entertainment. 26 (d) No person shall manufacture for sale, shipment, 27 transportation or delivery any device or equipment which that 28 person knows or should know is intended for use in any show, 29 exhibition, program, or other activity featuring or otherwise 30 involving a fight between 2 or more animals, or any human and 31 animal, or the intentional killing of any animal for purposes HB2440 Engrossed -2- LRB9206780RCcd 1 of sport, wagering or entertainment. 2 (e) No person shall own, possess, sell or offer for 3 sale, ship, transport, or otherwise move any equipment or 4 device which such person knows or should know is intended for 5 use in connection with any show, exhibition, program, or 6 activity featuring or otherwise involving a fight between 2 7 or more animals, or any animal and human, or the intentional 8 killing of any animal for purposes of sport, wagering or 9 entertainment. 10 (f) No person shall make available any site, structure, 11 or facility, whether enclosed or not, which he or she knows 12 or should know is intended to be used for the purpose of 13 conducting any show, exhibition, program, or other activity 14 involving a fight between 2 or more animals, or any animal 15 and human, or the intentional killing of any animal. 16 (g) No person shall attend or otherwise patronize any 17 show, exhibition, program, or other activity featuring or 18 otherwise involving a fight between 2 or more animals, or any 19 animal and human, or the intentional killing of any animal 20 for the purposes of sport, wagering or entertainment. 21 (h) (Blank).No person shall tie or attach or fasten any22live animal to any machine or device propelled by any power23for the purpose of causing such animal to be pursued by a dog24or dogs. This subsection (h) shall apply only when such dog25is intended to be used in a dog fight.26 (i) This Section does not apply to dogs. 27 (Source: P.A. 87-819.) 28 (510 ILCS 70/4.02) (from Ch. 8, par. 704.02) 29 Sec. 4.02. (a) Any law enforcement officer making an 30 arrest for an offense involving one or more animalsdogs31 under Section 4.01 of this Act shall lawfully take possession 32 of all animalsdogsand all paraphernalia, implements, or 33 other property or things used or employed, or about to be HB2440 Engrossed -3- LRB9206780RCcd 1 employed in the violation of any of the provisions of Section 2 4.01 of this Act. Such officer, after taking possession of 3 such animalsdogs, paraphernalia, implements or other 4 property or things, shall file with the court before whom the 5 complaint is made against any person so arrested an affidavit 6 stating therein the name of the person charged in such 7 complaint, a description of the property so taken and the 8 time and place of the taking thereof together with the name 9 of the person from whom the same was taken and name of the 10 person who claims to own such property, if known, and that 11 the affiant has reason to believe and does believe, stating 12 the ground of such belief, that the property so taken was 13 used or employed, or was about to be used or employed, in 14 such violation of Section 4.01 of this Act. He shall 15 thereupon deliver the property so taken to the court, which 16 shall, by order, place the same in custody of an officer or 17 other proper person named and designated in such order, to be 18 kept by him until the conviction or final discharge of such 19 person complained against, and shall send a copy of such 20 order without delay to the State's attorney of the county and 21 the Department. The officer or person so named and 22 designated in such order shall immediately thereupon assume 23 the custody of such property and shall retain the same, 24 subject to the order of the court before which such person so 25 complained against may be required to appear for trial. Upon 26 the conviction of the person so charged, all property so 27 seized shall be adjudged by the court to be forfeited and 28 shall thereupon be destroyed or otherwise disposed of as the 29 court may order. In the event of the acquittal or final 30 discharge without conviction of the person so charged such 31 court shall, on demand, direct the delivery of such property 32 so held in custody to the owner thereof. 33 (b) Any veterinarian in this State who is presented with 34 an animal for treatment of injuries or wounds resulting from HB2440 Engrossed -4- LRB9206780RCcd 1 fighting where there is a reasonable possibility that the 2 animal was engaged in or utilized for a fighting event shall 3 file a report with the Department and cooperate by furnishing 4 the owners' names, dates and descriptions of the animal or 5 animals involved. Any veterinarian who in good faith makes a 6 report, as required by this subsection (b), shall have 7 immunity from any liability, civil, criminal or that 8 otherwise might result by reason of such actions. For the 9 purposes of any proceedings, civil or criminal, the good 10 faith of any such veterinarian shall be presumed. 11 (c) This Section does not apply to dogs. 12 (Source: P.A. 84-723.) 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, 31 regulation, or order of the Department pursuant thereto, 32 is guilty of a Class B misdemeanor. 33 (5) Any person convicted of violating subsection HB2440 Engrossed -5- LRB9206780RCcd 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 (c)(1) This subsection (c) applies exclusively 5 where the only animals involved in the violation are 6 dogs. 7 (2) (Blank).Any person convicted of violating8subsection (a), (b) or (c) of Section 4.01 of this Act or9any rule, regulation or order of the Department pursuant10thereto is guilty of a Class 4 felony and may be fined an11amount not to exceed $50,000.12 (3) (Blank).Any person convicted of violating13subsection (d), (e) or (f) of Section 4.01 of this Act or14any rule, regulation or order of the Department pursuant15thereto is guilty of Class A misdemeanor, if such person16knew or should have known that the device or equipment17under subsection (d) or (e) of that Section or the site,18structure or facility under subsection (f) of that19Section was to be used to carry out a violation where the20only animals involved were dogs. Where such person did21not know or should not reasonably have been expected to22know that the only animals involved in the violation were23dogs, the penalty shall be same as that provided for in24paragraph (4) of subsection (b).25 (4) (Blank).Any person convicted of violating26subsection (g) of Section 4.01 of this Act or any rule,27regulation or order of the Department pursuant thereto is28guilty of a Class C misdemeanor.29 (5) (Blank).A second or subsequent violation of30subsection (a), (b) or (c) of Section 4.01 of this Act or31any rule, regulation or order of the Department pursuant32thereto is a Class 3 felony. A second or subsequent33violation of subsection (d), (e) or (f) of Section 4.0134of this Act or any rule, regulation or order of theHB2440 Engrossed -6- LRB9206780RCcd 1Department adopted pursuant thereto is a Class 3 felony,2if in each violation the person knew or should have known3that the device or equipment under subsection (d) or (e)4of that Section or the site, structure or facility under5subsection (f) of that Section was to be used to carry6out a violation where the only animals involved were7dogs. Where such person did not know or should not8reasonably have been expected to know that the only9animals involved in the violation were dogs, a second or10subsequent violation of subsection (d), (e) or (f) of11Section 4.01 of this Act or any rule, regulation or order12of the Department adopted pursuant thereto is a Class A13misdemeanor. A second or subsequent violation of14subsection (g) is a Class B misdemeanor.15 (6) Any person convicted of violating Section 3.01 16 of this Act is guilty of a Class C misdemeanor. A second 17 conviction for a violation of Section 3.01 is a Class B 18 misdemeanor. A third or subsequent conviction for a 19 violation of Section 3.01 is a Class A misdemeanor. 20 (7) Any person convicted of violating Section 4.03 21 is guilty of a Class B misdemeanor. 22 (8) Any person convicted of violating Section 4.04 23 is guilty of a Class A misdemeanor where the animal is 24 not killed or totally disabled, but if the animal is 25 killed or totally disabled such person shall be guilty of 26 a Class 4 felony. 27 (8.5) A person convicted of violating subsection 28 (a) of Section 7.15 is guilty of a Class B misdemeanor. 29 A person convicted of violating subsection (b) or (c) of 30 Section 7.15 is (i) guilty of a Class A misdemeanor if 31 the dog is not killed or totally disabled and (ii) if the 32 dog is killed or totally disabled, guilty of a Class 4 33 felony and may be ordered by the court to make 34 restitution to the disabled person having custody or HB2440 Engrossed -7- LRB9206780RCcd 1 ownership of the dog for veterinary bills and replacement 2 costs of the dog. 3 (9) Any person convicted of violating any other 4 provision of this Act, or any rule, regulation, or order 5 of the Department pursuant thereto, is guilty of a Class 6 C misdemeanor with every day that a violation continues 7 constituting a separate offense. 8 (d) Any person convicted of violating Section 7.1 is 9 guilty of a petty offense. A second or subsequent conviction 10 for a violation of Section 7.1 is a Class C misdemeanor. 11 (e) Any person convicted of violating Section 3.02 is 12 guilty of a Class A misdemeanor. A second or subsequent 13 violation is a Class 4 felony. 14 (f) The Department may enjoin a person from a continuing 15 violation of this Act. 16 (g) Any person convicted of violating Section 3.03 is 17 guilty of a Class 4 felony. A second or subsequent offense 18 is a Class 3 felony. As a condition of the sentence imposed 19 under this Section, the court shall order the offender to 20 undergo a psychological or psychiatric evaluation and to 21 undergo treatment that the court determines to be appropriate 22 after due consideration of the evaluation. 23 (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; 24 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff. 25 7-29-99; revised 8-30-99.) 26 Section 10. The Criminal Code of 1961 is amended by 27 adding Section 26-5 as follows: 28 (720 ILCS 5/26-5 new) 29 Sec. 26-5. Dog fighting. (a) No person may own, capture, 30 breed, train, or lease any dog which he or she knows or 31 should know is intended for use in any show, exhibition, 32 program, or other activity featuring or otherwise involving a HB2440 Engrossed -8- LRB9206780RCcd 1 fight between such dog and any other animal or human, or the 2 intentional killing of any dog for the purpose of sport, 3 wagering, or entertainment. 4 (b) No person shall promote, conduct, carry on, 5 advertise, collect money for or in any other manner assist 6 or aid in the presentation for purposes of sport, wagering, 7 or entertainment, any show, exhibition, program, or other 8 activity involving a fight between 2 or more dogs or any dog 9 and human, or the intentional killing of any dog. 10 (c) No person shall sell or offer for sale, ship, 11 transport, or otherwise move, or deliver or receive any dog 12 which he or she knows or should know has been captured, bred, 13 or trained, or will be used, to fight another dog or human or 14 be intentionally killed, for the purpose of sport, wagering, 15 or entertainment. 16 (d) No person shall manufacture for sale, shipment, 17 transportation or delivery any device or equipment which that 18 person knows or should know is intended for use in any show, 19 exhibition, program, or other activity featuring or otherwise 20 involving a fight between 2 or more dogs, or any human and 21 dog, or the intentional killing of any dog for purposes of 22 sport, wagering or entertainment. 23 (e) No person shall own, possess, sell or offer for 24 sale, ship, transport, or otherwise move any equipment or 25 device which such person knows or should know is intended for 26 use in connection with any show, exhibition, program, or 27 activity featuring or otherwise involving a fight between 2 28 or more dogs, or any dog and human, or the intentional 29 killing of any dog for purposes of sport, wagering or 30 entertainment. 31 (f) No person shall make available any site, structure, 32 or facility, whether enclosed or not, which he or she knows 33 or should know is intended to be used for the purpose of 34 conducting any show, exhibition, program, or other activity HB2440 Engrossed -9- LRB9206780RCcd 1 involving a fight between 2 or more dogs, or any dog and 2 human, or the intentional killing of any dog. 3 (g) No person shall attend or otherwise patronize any 4 show, exhibition, program, or other activity featuring or 5 otherwise involving a fight between 2 or more dogs, or any 6 dog and human, or the intentional killing of any dog for the 7 purposes of sport, wagering or entertainment. 8 (h) No person shall tie or attach or fasten any live 9 animal to any machine or device propelled by any power for 10 the purpose of causing such animal to be pursued by a dog or 11 dogs. This subsection (h) shall apply only when such dog is 12 intended to be used in a dog fight. 13 (i)(1) Any person convicted of violating subsection (a), 14 (b) or (c) of this Section is guilty of a Class 4 felony and 15 may be fined an amount not to exceed $50,000. 16 (2) Any person convicted of violating subsection (d), 17 (e) or (f) of this Section is guilty of Class A misdemeanor, 18 if such person knew or should have known that the device or 19 equipment under subsection (d) or (e) of this Section or the 20 site, structure or facility under subsection (f) of this 21 Section was to be used to carry out a violation where the 22 only animals involved were dogs. Where such person did not 23 know or should not reasonably have been expected to know that 24 the only animals involved in the violation were dogs, the 25 penalty is a Class B misdemeanor. 26 (3) Any person convicted of violating subsection (g) of 27 this Section is guilty of a Class C misdemeanor. 28 (4) A second or subsequent violation of subsection (a), 29 (b) or (c) of this Section is a Class 3 felony. A second or 30 subsequent violation of subsection (d), (e) or (f) of this 31 Section is a Class 3 felony, if in each violation the person 32 knew or should have known that the device or equipment under 33 subsection (d) or (e) of this Section or the site, structure 34 or facility under subsection (f) of this Section was to be HB2440 Engrossed -10- LRB9206780RCcd 1 used to carry out a violation where the only animals involved 2 were dogs. Where such person did not know or should not 3 reasonably have been expected to know that the only animals 4 involved in the violation were dogs, a second or subsequent 5 violation of subsection (d), (e) or (f) of this Section is a 6 Class A misdemeanor. A second or subsequent violation of 7 subsection (g) is a Class B misdemeanor. 8 (5) A person who knowingly makes available any site, 9 structure, or facility, whether enclosed or not, that he or 10 she knows or should know is intended to be used for the 11 purpose of conducting any show, exhibition, program, or other 12 activity involving a fight between 2 or more dogs, or any dog 13 and human, or the intentional killing of any dog or who 14 knowingly manufactures, distributes, or delivers fittings to 15 be used in a fight between 2 or more dogs or a dog and human 16 is guilty of a Class 4 felony. 17 (6) A person who knowingly owns a dog for fighting 18 purposes or for producing a fight between 2 or more dogs or a 19 dog and human or who knowingly offers for sale or sells a dog 20 bred for fighting is guilty of a Class 3 felony if any of the 21 following factors is present: 22 (i) the dogfight is performed in the presence of a 23 person under 18 years of age; 24 (ii) the dogfight is performed for the purpose of 25 or in the presence of illegal wagering activity; or 26 (iii) the dogfight is performed in furtherance of 27 streetgang related activity as defined in Section 10 of 28 the Illinois Streetgang Terrorism Omnibus Prevention Act.