[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
[ Introduced ] | [ Engrossed ] | [ Enrolled ] |
92_HB2440sam001 LRB9206780ARsbam02 1 AMENDMENT TO HOUSE BILL 2440 2 AMENDMENT NO. . Amend House Bill 2440 as follows: 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Humane Care for Animals Act is amended 6 by changing Sections 4.01, 4.02, and 16 as follows: 7 (510 ILCS 70/4.01) (from Ch. 8, par. 704.01) 8 Sec. 4.01. (a) No person may own, capture, breed, train, 9 or lease any animal which he or she knowsor should knowis 10 intended for use in any show, exhibition, program, or other 11 activity featuring or otherwise involving a fight between 12 such animal and any other animal or human, or the intentional 13 killing of any animal for the purpose of sport, wagering, or 14 entertainment. 15 (b) No person shall promote, conduct, carry on, 16 advertise, collect money for or in any other manner assist 17 or aid in the presentation for purposes of sport, wagering, 18 or entertainment, any show, exhibition, program, or other 19 activity involving a fight between 2 or more animals or any 20 animal and human, or the intentional killing of any animal. 21 (c) No person shall sell or offer for sale, ship, 22 transport, or otherwise move, or deliver or receive any -2- LRB9206780ARsbam02 1 animal which he or she knowsor should knowhas been 2 captured, bred, or trained, or will be used, to fight another 3 animal or human or be intentionally killed, for the purpose 4 of sport, wagering, or entertainment. 5 (d) No person shall manufacture for sale, shipment, 6 transportation or delivery any device or equipment which that 7 person knows or should know is intended for use in any show, 8 exhibition, program, or other activity featuring or otherwise 9 involving a fight between 2 or more animals, or any human and 10 animal, or the intentional killing of any animal for purposes 11 of sport, wagering or entertainment. 12 (e) No person shall own, possess, sell or offer for 13 sale, ship, transport, or otherwise move any equipment or 14 device which such person knows or should know is intended for 15 use in connection with any show, exhibition, program, or 16 activity featuring or otherwise involving a fight between 2 17 or more animals, or any animal and human, or the intentional 18 killing of any animal for purposes of sport, wagering or 19 entertainment. 20 (f) No person shall make available any site, structure, 21 or facility, whether enclosed or not, which he or she knows 22or should knowis intended to be used for the purpose of 23 conducting any show, exhibition, program, or other activity 24 involving a fight between 2 or more animals, or any animal 25 and human, or the intentional killing of any animal or 26 knowingly manufacture, distribute, or deliver fittings to be 27 used in a fight between 2 or more dogs or a dog and a human. 28 (g) No person shall attend or otherwise patronize any 29 show, exhibition, program, or other activity featuring or 30 otherwise involving a fight between 2 or more animals, or any 31 animal and human, or the intentional killing of any animal 32 for the purposes of sport, wagering or entertainment. 33 (h) No person shall tie or attach or fasten any live 34 animal to any machine or device propelled by any power for -3- LRB9206780ARsbam02 1 the purpose of causing such animal to be pursued by a dog or 2 dogs. This subsection (h) shall apply only when such dog is 3 intended to be used in a dog fight. 4 (Source: P.A. 87-819.) 5 (510 ILCS 70/4.02) (from Ch. 8, par. 704.02) 6 Sec. 4.02. (a) Any law enforcement officer making an 7 arrest for an offense involving one or more animalsdogs8 under Section 4.01 of this Act shall lawfully take possession 9 of all animalsdogsand all paraphernalia, implements, or 10 other property or things used or employed, or about to be 11 employed in the violation of any of the provisions of Section 12 4.01 of this Act. Such officer, after taking possession of 13 such animalsdogs, paraphernalia, implements or other 14 property or things, shall file with the court before whom the 15 complaint is made against any person so arrested an affidavit 16 stating therein the name of the person charged in such 17 complaint, a description of the property so taken and the 18 time and place of the taking thereof together with the name 19 of the person from whom the same was taken and name of the 20 person who claims to own such property, if known, and that 21 the affiant has reason to believe and does believe, stating 22 the ground of such belief, that the property so taken was 23 used or employed, or was about to be used or employed, in 24 such violation of Section 4.01 of this Act. He shall 25 thereupon deliver the property so taken to the court, which 26 shall, by order, place the same in custody of an officer or 27 other proper person named and designated in such order, to be 28 kept by him until the conviction or final discharge of such 29 person complained against, and shall send a copy of such 30 order without delay to the State's attorney of the county and 31 the Department. The officer or person so named and 32 designated in such order shall immediately thereupon assume 33 the custody of such property and shall retain the same, -4- LRB9206780ARsbam02 1 subject to the order of the court before which such person so 2 complained against may be required to appear for trial. Upon 3 the conviction of the person so charged, all property so 4 seized shall be adjudged by the court to be forfeited and 5 shall thereupon be destroyed or otherwise disposed of as the 6 court may order. In the event of the acquittal or final 7 discharge without conviction of the person so charged such 8 court shall, on demand, direct the delivery of such property 9 so held in custody to the owner thereof. 10 (b) Any veterinarian in this State who is presented with 11 an animal for treatment of injuries or wounds resulting from 12 fighting where there is a reasonable possibility that the 13 animal was engaged in or utilized for a fighting event shall 14 file a report with the Department and cooperate by furnishing 15 the owners' names, dates and descriptions of the animal or 16 animals involved. Any veterinarian who in good faith makes a 17 report, as required by this subsection (b), shall have 18 immunity from any liability, civil, criminal or that 19 otherwise might result by reason of such actions. For the 20 purposes of any proceedings, civil or criminal, the good 21 faith of any such veterinarian shall be presumed. 22 (Source: P.A. 84-723.) 23 (510 ILCS 70/16) (from Ch. 8, par. 716) 24 Sec. 16. Violations; punishment; injunctions. 25 (a) Any person convicted of violating Sections 5, 5.01, 26 or 6 of this Act or any rule, regulation, or order of the 27 Department pursuant thereto, is guilty of a Class C 28 misdemeanor. 29 (b)(1) This subsection (b) does not apply where the 30 only animals involved in the violation are dogs. 31 (2) Any person convicted of violating subsection 32 (a), (b), (c) or (h) of Section 4.01 of this Act or any 33 rule, regulation, or order of the Department pursuant -5- LRB9206780ARsbam02 1 thereto, is guilty of a Class A misdemeanor. 2 (3) A second or subsequent offense involving the 3 violation of subsection (a), (b) or (c) of Section 4.01 4 of this Act or any rule, regulation, or order of the 5 Department pursuant thereto is a Class 4 felony. 6 (4) Any person convicted of violating subsection 7 (d), (e) or (f) of Section 4.01 of this Act or any rule, 8 regulation, or order of the Department pursuant thereto, 9 is guilty of a Class B misdemeanor. 10 (5) Any person convicted of violating subsection 11 (g) of Section 4.01 of this Act or any rule, regulation, 12 or order of the Department pursuant thereto is guilty of 13 a Class C misdemeanor. 14 (c)(1) This subsection (c) applies exclusively 15 where the only animals involved in the violation are 16 dogs. 17 (2) Any person convicted of violating subsection 18 (a), (b) or (c) of Section 4.01 of this Act or any rule, 19 regulation or order of the Department pursuant thereto is 20 guilty of a Class 4 felony and may be fined an amount not 21 to exceed $50,000. A person who knowingly owns a dog for 22 fighting purposes or for producing a fight between 2 or 23 more dogs or a dog and human or who knowingly offers for 24 sale or sells a dog bred for fighting is guilty of a 25 Class 3 felony if any of the following factors is 26 present: 27 (i) the dogfight is performed in the presence of a 28 person under 18 years of age; 29 (ii) the dogfight is performed for the purpose of 30 or in the presence of illegal wagering activity; or 31 (iii) the dogfight is performed in furtherance of 32 streetgang related activity as defined in Section 10 of 33 the Illinois Streetgang Terrorism Omnibus Prevention Act. 34 (3) Any person convicted of violating subsection -6- LRB9206780ARsbam02 1 (d),or (e)or (f)of Section 4.01 of this Act or any 2 rule, regulation or order of the Department pursuant 3 thereto is guilty of Class A misdemeanor, if such person 4 knew or should have known that the device or equipment 5 under subsection (d) or (e) of that Sectionor the site,6structure or facility under subsection (f) of that7Sectionwas to be used to carry out a violation where the 8 only animals involved were dogs. Where such person did 9 not know or should not reasonably have been expected to 10 know that the only animals involved in the violation were 11 dogs, the penalty shall be same as that provided for in 12 paragraph (4) of subsection (b). 13 (3.5) Any person convicted of violating subsection 14 (f) of Section 4.01 is guilty of a Class 4 felony. 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),or (e)or (f)of Section 4.01 of this Act 24 or any rule, regulation or order of the Department 25 adopted 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 Sectionor the site, structure or facility under29subsection (f) of that Sectionwas 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),or (e)or (f)of -7- LRB9206780ARsbam02 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. -8- LRB9206780ARsbam02 1 (e) Any person convicted of violating Section 3.02 is 2 guilty of a Class A misdemeanor. A second or subsequent 3 violation is a Class 4 felony. 4 (f) The Department may enjoin a person from a continuing 5 violation of this Act. 6 (g) Any person convicted of violating Section 3.03 is 7 guilty of a Class 4 felony. A second or subsequent offense 8 is a Class 3 felony. As a condition of the sentence imposed 9 under this Section, the court shall order the offender to 10 undergo a psychological or psychiatric evaluation and to 11 undergo treatment that the court determines to be appropriate 12 after due consideration of the evaluation. 13 (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; 14 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff. 15 7-29-99; revised 8-30-99.) 16 Section 10. The Criminal Code of 1961 is amended by 17 adding Section 26-5 as follows: 18 (720 ILCS 5/26-5 new) 19 Sec. 26-5. Dog fighting. 20 (a) No person may own, capture, breed, train, or lease 21 any dog which he or she knows is intended for use in any 22 show, exhibition, program, or other activity featuring or 23 otherwise involving a fight between the dog and any other 24 animal or human, or the intentional killing of any dog for 25 the purpose of sport, wagering, or entertainment. 26 (b) No person may promote, conduct, carry on, advertise, 27 collect money for or in any other manner assist or aid in the 28 presentation for purposes of sport, wagering, or 29 entertainment of any show, exhibition, program, or other 30 activity involving a fight between 2 or more dogs or any dog 31 and human, or the intentional killing of any dog. 32 (c) No person may sell or offer for sale, ship, -9- LRB9206780ARsbam02 1 transport, or otherwise move, or deliver or receive any dog 2 which he or she knows has been captured, bred, or trained, or 3 will be used, to fight another dog or human or be 4 intentionally killed for purposes of sport, wagering, or 5 entertainment. 6 (d) No person may manufacture for sale, shipment, 7 transportation, or delivery any device or equipment which he 8 or she knows or should know is intended for use in any show, 9 exhibition, program, or other activity featuring or otherwise 10 involving a fight between 2 or more dogs, or any human and 11 dog, or the intentional killing of any dog for purposes of 12 sport, wagering, or entertainment. 13 (e) No person may own, possess, sell or offer for sale, 14 ship, transport, or otherwise move any equipment or device 15 which he or she knows or should know is intended for use in 16 connection with any show, exhibition, program, or activity 17 featuring or otherwise involving a fight between 2 or more 18 dogs, or any dog and human, or the intentional killing of any 19 dog for purposes of sport, wagering or entertainment. 20 (f) No person may knowingly make available any site, 21 structure, or facility, whether enclosed or not, that he or 22 she knows is intended to be used for the purpose of 23 conducting any show, exhibition, program, or other activity 24 involving a fight between 2 or more dogs, or any dog and 25 human, or the intentional killing of any dog or knowingly 26 manufacture, distribute, or deliver fittings to be used in a 27 fight between 2 or more dogs or a dog and human. 28 (g) No person may attend or otherwise patronize any 29 show, exhibition, program, or other activity featuring or 30 otherwise involving a fight between 2 or more dogs, or any 31 dog and human, or the intentional killing of any dog for 32 purposes of sport, wagering, or entertainment. 33 (h) No person may tie or attach or fasten any live 34 animal to any machine or device propelled by any power for -10- LRB9206780ARsbam02 1 the purpose of causing the animal to be pursued by a dog or 2 dogs. This subsection (h) applies only when the dog is 3 intended to be used in a dog fight. 4 (i)(1) Any person convicted of violating subsection (a), 5 (b) or (c) of this Section is guilty of a Class 4 felony and 6 may be fined an amount not to exceed $50,000. A person who 7 knowingly owns a dog for fighting purposes or for producing a 8 fight between 2 or more dogs or a dog and human or who 9 knowingly offers for sale or sells a dog bred for fighting is 10 guilty of a Class 3 felony if any of the following factors is 11 present: 12 (i) the dogfight is performed in the presence of a 13 person under 18 years of age; 14 (ii) the dogfight is performed for the purpose of 15 or in the presence of illegal wagering activity; or 16 (iii) the dogfight is performed in furtherance of 17 streetgang related activity as defined in Section 10 of 18 the Illinois Streetgang Terrorism Omnibus Prevention Act. 19 (2) Any person convicted of violating subsection (d) of 20 (e) of this Section is guilty of Class A misdemeanor if he or 21 she knew or should have known that the device or equipment 22 under subsection (d) or (e) of this Section was to be used to 23 carry out a violation where the only animals involved were 24 dogs. If the person did not know or should not reasonably 25 have been expected to know that the only animals involved in 26 the violation were dogs, the penalty is a Class B 27 misdemeanor. 28 (2.5) Any person convicted of violating subsection (f) 29 of this Section is guilty of a Class 4 felony. 30 (3) Any person convicted of violating subsection (g) of 31 this Section is guilty of a Class C misdemeanor. 32 (4) A second or subsequent violation of subsection (a), 33 (b), or (c) of this Section is a Class 3 felony. A second or 34 subsequent violation of subsection (d) or (e) of this Section -11- LRB9206780ARsbam02 1 is a Class 3 felony, if in each violation the person knew or 2 should have known that the device or equipment under 3 subsection (d) or (e) of this Section was to be used to carry 4 out a violation where the only animals involved were dogs. 5 If the person did not know or should not reasonably have been 6 expected to know that the only animals involved in the 7 violation were dogs, a second or subsequent violation of 8 subsection (d) or (e) of this Section is a Class A 9 misdemeanor. A second or subsequent violation of subsection 10 (g) of this Section is a Class B misdemeanor.".