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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB2440enr HB2440 Enrolled 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 knowsor should knowis 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 knowsor should knowhas 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 Enrolled -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 12or should knowis 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 or 16 knowingly manufacture, distribute, or deliver fittings to be 17 used in a fight between 2 or more dogs or a dog and a human. 18 (g) No person shall attend or otherwise patronize any 19 show, exhibition, program, or other activity featuring or 20 otherwise involving a fight between 2 or more animals, or any 21 animal and human, or the intentional killing of any animal 22 for the purposes of sport, wagering or entertainment. 23 (h) No person shall tie or attach or fasten any live 24 animal to any machine or device propelled by any power for 25 the purpose of causing such animal to be pursued by a dog or 26 dogs. This subsection (h) shall apply only when such dog is 27 intended to be used in a dog fight. 28 (Source: P.A. 87-819.) 29 (510 ILCS 70/4.02) (from Ch. 8, par. 704.02) 30 Sec. 4.02. (a) Any law enforcement officer making an 31 arrest for an offense involving one or more animalsdogs32 under Section 4.01 of this Act shall lawfully take possession 33 of all animalsdogsand all paraphernalia, implements, or HB2440 Enrolled -3- LRB9206780RCcd 1 other property or things used or employed, or about to be 2 employed in the violation of any of the provisions of Section 3 4.01 of this Act. Such officer, after taking possession of 4 such animalsdogs, paraphernalia, implements or other 5 property or things, shall file with the court before whom the 6 complaint is made against any person so arrested an affidavit 7 stating therein the name of the person charged in such 8 complaint, a description of the property so taken and the 9 time and place of the taking thereof together with the name 10 of the person from whom the same was taken and name of the 11 person who claims to own such property, if known, and that 12 the affiant has reason to believe and does believe, stating 13 the ground of such belief, that the property so taken was 14 used or employed, or was about to be used or employed, in 15 such violation of Section 4.01 of this Act. He shall 16 thereupon deliver the property so taken to the court, which 17 shall, by order, place the same in custody of an officer or 18 other proper person named and designated in such order, to be 19 kept by him until the conviction or final discharge of such 20 person complained against, and shall send a copy of such 21 order without delay to the State's attorney of the county and 22 the Department. The officer or person so named and 23 designated in such order shall immediately thereupon assume 24 the custody of such property and shall retain the same, 25 subject to the order of the court before which such person so 26 complained against may be required to appear for trial. Upon 27 the conviction of the person so charged, all property so 28 seized shall be adjudged by the court to be forfeited and 29 shall thereupon be destroyed or otherwise disposed of as the 30 court may order. In the event of the acquittal or final 31 discharge without conviction of the person so charged such 32 court shall, on demand, direct the delivery of such property 33 so held in custody to the owner thereof. 34 (b) Any veterinarian in this State who is presented with HB2440 Enrolled -4- LRB9206780RCcd 1 an animal for treatment of injuries or wounds resulting from 2 fighting where there is a reasonable possibility that the 3 animal was engaged in or utilized for a fighting event shall 4 file a report with the Department and cooperate by furnishing 5 the owners' names, dates and descriptions of the animal or 6 animals involved. Any veterinarian who in good faith makes a 7 report, as required by this subsection (b), shall have 8 immunity from any liability, civil, criminal or that 9 otherwise might result by reason of such actions. For the 10 purposes of any proceedings, civil or criminal, the good 11 faith of any such veterinarian shall be presumed. 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 Enrolled -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) Any person convicted of violating subsection 8 (a), (b) or (c) of Section 4.01 of this Act or any rule, 9 regulation or order of the Department pursuant thereto is 10 guilty of a Class 4 felony and may be fined an amount not 11 to exceed $50,000. A person who knowingly owns a dog for 12 fighting purposes or for producing a fight between 2 or 13 more dogs or a dog and human or who knowingly offers for 14 sale or sells a dog bred for fighting is guilty of a 15 Class 3 felony if any of the following factors is 16 present: 17 (i) the dogfight is performed in the presence of a 18 person under 18 years of age; 19 (ii) the dogfight is performed for the purpose of 20 or in the presence of illegal wagering activity; or 21 (iii) the dogfight is performed in furtherance of 22 streetgang related activity as defined in Section 10 of 23 the Illinois Streetgang Terrorism Omnibus Prevention Act. 24 (3) Any person convicted of violating subsection 25 (d),or (e)or (f)of Section 4.01 of this Act or any 26 rule, regulation or order of the Department pursuant 27 thereto is guilty of Class A misdemeanor, if such person 28 knew or should have known that the device or equipment 29 under subsection (d) or (e) of that Sectionor the site,30structure or facility under subsection (f) of that31Sectionwas to be used to carry out a violation where the 32 only animals involved were dogs. Where such person did 33 not know or should not reasonably have been expected to 34 know that the only animals involved in the violation were HB2440 Enrolled -6- LRB9206780RCcd 1 dogs, the penalty shall be same as that provided for in 2 paragraph (4) of subsection (b). 3 (3.5) Any person convicted of violating subsection 4 (f) of Section 4.01 is guilty of a Class 4 felony. 5 (4) Any person convicted of violating subsection 6 (g) of Section 4.01 of this Act or any rule, regulation 7 or order of the Department pursuant thereto is guilty of 8 a Class C misdemeanor. 9 (5) A second or subsequent violation of subsection 10 (a), (b) or (c) of Section 4.01 of this Act or any rule, 11 regulation or order of the Department pursuant thereto is 12 a Class 3 felony. A second or subsequent violation of 13 subsection (d),or (e)or (f)of Section 4.01 of this Act 14 or any rule, regulation or order of the Department 15 adopted pursuant thereto is a Class 3 felony, if in each 16 violation the person knew or should have known that the 17 device or equipment under subsection (d) or (e) of that 18 Sectionor the site, structure or facility under19subsection (f) of that Sectionwas to be used to carry 20 out a violation where the only animals involved were 21 dogs. Where such person did not know or should not 22 reasonably have been expected to know that the only 23 animals involved in the violation were dogs, a second or 24 subsequent violation of subsection (d),or (e)or (f)of 25 Section 4.01 of this Act or any rule, regulation or order 26 of the Department adopted pursuant thereto is a Class A 27 misdemeanor. A second or subsequent violation of 28 subsection (g) is a Class B misdemeanor. 29 (6) Any person convicted of violating Section 3.01 30 of this Act is guilty of a Class C misdemeanor. A second 31 conviction for a violation of Section 3.01 is a Class B 32 misdemeanor. A third or subsequent conviction for a 33 violation of Section 3.01 is a Class A misdemeanor. 34 (7) Any person convicted of violating Section 4.03 HB2440 Enrolled -7- LRB9206780RCcd 1 is guilty of a Class B misdemeanor. 2 (8) Any person convicted of violating Section 4.04 3 is guilty of a Class A misdemeanor where the animal is 4 not killed or totally disabled, but if the animal is 5 killed or totally disabled such person shall be guilty of 6 a Class 4 felony. 7 (8.5) A person convicted of violating subsection 8 (a) of Section 7.15 is guilty of a Class B misdemeanor. 9 A person convicted of violating subsection (b) or (c) of 10 Section 7.15 is (i) guilty of a Class A misdemeanor if 11 the dog is not killed or totally disabled and (ii) if the 12 dog is killed or totally disabled, guilty of a Class 4 13 felony and may be ordered by the court to make 14 restitution to the disabled person having custody or 15 ownership of the dog for veterinary bills and replacement 16 costs of the dog. 17 (9) Any person convicted of violating any other 18 provision of this Act, or any rule, regulation, or order 19 of the Department pursuant thereto, is guilty of a Class 20 C misdemeanor with every day that a violation continues 21 constituting a separate offense. 22 (d) Any person convicted of violating Section 7.1 is 23 guilty of a petty offense. A second or subsequent conviction 24 for a violation of Section 7.1 is a Class C misdemeanor. 25 (e) Any person convicted of violating Section 3.02 is 26 guilty of a Class A misdemeanor. A second or subsequent 27 violation is a Class 4 felony. 28 (f) The Department may enjoin a person from a continuing 29 violation of this Act. 30 (g) Any person convicted of violating Section 3.03 is 31 guilty of a Class 4 felony. A second or subsequent offense 32 is a Class 3 felony. As a condition of the sentence imposed 33 under this Section, the court shall order the offender to 34 undergo a psychological or psychiatric evaluation and to HB2440 Enrolled -8- LRB9206780RCcd 1 undergo treatment that the court determines to be appropriate 2 after due consideration of the evaluation. 3 (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; 4 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff. 5 7-29-99; revised 8-30-99.) 6 Section 10. The Criminal Code of 1961 is amended by 7 adding Section 26-5 as follows: 8 (720 ILCS 5/26-5 new) 9 Sec. 26-5. Dog fighting. 10 (a) No person may own, capture, breed, train, or lease 11 any dog which he or she knows is intended for use in any 12 show, exhibition, program, or other activity featuring or 13 otherwise involving a fight between the dog and any other 14 animal or human, or the intentional killing of any dog for 15 the purpose of sport, wagering, or entertainment. 16 (b) No person may promote, conduct, carry on, advertise, 17 collect money for or in any other manner assist or aid in the 18 presentation for purposes of sport, wagering, or 19 entertainment of any show, exhibition, program, or other 20 activity involving a fight between 2 or more dogs or any dog 21 and human, or the intentional killing of any dog. 22 (c) No person may sell or offer for sale, ship, 23 transport, or otherwise move, or deliver or receive any dog 24 which he or she knows has been captured, bred, or trained, or 25 will be used, to fight another dog or human or be 26 intentionally killed for purposes of sport, wagering, or 27 entertainment. 28 (d) No person may manufacture for sale, shipment, 29 transportation, or delivery any device or equipment which he 30 or she knows or should know is intended for use in any show, 31 exhibition, program, or other activity featuring or otherwise 32 involving a fight between 2 or more dogs, or any human and HB2440 Enrolled -9- LRB9206780RCcd 1 dog, or the intentional killing of any dog for purposes of 2 sport, wagering, or entertainment. 3 (e) No person may own, possess, sell or offer for sale, 4 ship, transport, or otherwise move any equipment or device 5 which he or she knows or should know is intended for use in 6 connection with any show, exhibition, program, or activity 7 featuring or otherwise involving a fight between 2 or more 8 dogs, or any dog and human, or the intentional killing of any 9 dog for purposes of sport, wagering or entertainment. 10 (f) No person may knowingly make available any site, 11 structure, or facility, whether enclosed or not, that he or 12 she knows 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 dogs, or any dog and 15 human, or the intentional killing of any dog or knowingly 16 manufacture, distribute, or deliver fittings to be used in a 17 fight between 2 or more dogs or a dog and human. 18 (g) No person may attend or otherwise patronize any 19 show, exhibition, program, or other activity featuring or 20 otherwise involving a fight between 2 or more dogs, or any 21 dog and human, or the intentional killing of any dog for 22 purposes of sport, wagering, or entertainment. 23 (h) No person may tie or attach or fasten any live 24 animal to any machine or device propelled by any power for 25 the purpose of causing the animal to be pursued by a dog or 26 dogs. This subsection (h) applies only when the dog is 27 intended to be used in a dog fight. 28 (i)(1) Any person convicted of violating subsection (a), 29 (b) or (c) of this Section is guilty of a Class 4 felony and 30 may be fined an amount not to exceed $50,000. A person who 31 knowingly owns a dog for fighting purposes or for producing a 32 fight between 2 or more dogs or a dog and human or who 33 knowingly offers for sale or sells a dog bred for fighting is 34 guilty of a Class 3 felony if any of the following factors is HB2440 Enrolled -10- LRB9206780RCcd 1 present: 2 (i) the dogfight is performed in the presence of a 3 person under 18 years of age; 4 (ii) the dogfight is performed for the purpose of 5 or in the presence of illegal wagering activity; or 6 (iii) the dogfight is performed in furtherance of 7 streetgang related activity as defined in Section 10 of 8 the Illinois Streetgang Terrorism Omnibus Prevention Act. 9 (2) Any person convicted of violating subsection (d) or 10 (e) of this Section is guilty of Class A misdemeanor if he or 11 she knew or should have known that the device or equipment 12 under subsection (d) or (e) of this Section was to be used to 13 carry out a violation where the only animals involved were 14 dogs. If the person did not know or should not reasonably 15 have been expected to know that the only animals involved in 16 the violation were dogs, the penalty is a Class B 17 misdemeanor. 18 (2.5) Any person convicted of violating subsection (f) 19 of this Section is guilty of a Class 4 felony. 20 (3) Any person convicted of violating subsection (g) of 21 this Section is guilty of a Class C misdemeanor. 22 (4) A second or subsequent violation of subsection (a), 23 (b), or (c) of this Section is a Class 3 felony. A second or 24 subsequent violation of subsection (d) or (e) of this Section 25 is a Class 3 felony, if in each violation the person knew or 26 should have known that the device or equipment under 27 subsection (d) or (e) of this Section was to be used to carry 28 out a violation where the only animals involved were dogs. 29 If the person did not know or should not reasonably have been 30 expected to know that the only animals involved in the 31 violation were dogs, a second or subsequent violation of 32 subsection (d) or (e) of this Section is a Class A 33 misdemeanor. A second or subsequent violation of subsection 34 (g) of this Section is a Class B misdemeanor.