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92_SB0629enr SB629 Enrolled LRB9208026ARsb 1 AN ACT concerning animals. 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 by 5 changing Sections 2.01a, 2.07, 4.01, 4.02, 4.03, 4.04, 10, 6 12, and 16 and by adding Sections 2.01b, 2.01c, 2.01d, 2.01e, 7 2.01f, 2.01g, 2.01h, 2.09, 2.10, 3.04, 3.05, 3.06, 3.07, 8 16.1, 16.2, 16.3, and 16.4 as follows: 9 (510 ILCS 70/2.01a) 10 Sec. 2.01a. Companion animal. "Companion animal" means 11 an animal that is commonly considered to be, or is considered 12 by the owner to beto be used as, a pet. "Companion animal" 13 includes, but is not limited to, canines, felines, and 14 equines. 15 (Source: P.A. 88-600, eff. 9-1-94.) 16 (510 ILCS 70/2.01b new) 17 Sec. 2.01b. Exigent circumstances. "Exigent 18 circumstances" means a licensed veterinarian cannot be 19 secured without undue delay and, in the opinion of the animal 20 control warden, animal control administrator, Department of 21 Agriculture investigator, approved humane investigator, or 22 animal shelter employee, the animal is so severely injured, 23 diseased, or suffering that it is unfit for any useful 24 purpose and to delay humane euthanasia would continue to 25 cause the animal extreme suffering. 26 (510 ILCS 70/2.01c new) 27 Sec. 2.01c. Service animal. "Service animal" means an 28 animal trained in obedience and task skills to meet the needs 29 of a disabled person. SB629 Enrolled -2- LRB9208026ARsb 1 (510 ILCS 70/2.01d new) 2 Sec. 2.01d. Search and rescue dog. "Search and rescue 3 dog" means any dog that is trained or is certified to locate 4 persons lost on land or in water. 5 (510 ILCS 70/2.01e new) 6 Sec. 2.01e. Animal Control Administrator. "Animal 7 Control Administrator" means a veterinarian licensed by the 8 State of Illinois and appointed pursuant to the Animal 9 Control Act, or his duly authorized representative. 10 (510 ILCS 70/2.01f new) 11 Sec. 2.01f. Animal control facility. "Animal control 12 facility" means any facility operated by or under contract 13 for the State, county, or any municipal corporation or 14 political subdivision of the State for the purpose of 15 impounding or harboring seized, stray, homeless, abandoned or 16 unwanted dogs, cats, and other animals. 17 (510 ILCS 70/2.01g new) 18 Sec. 2.01g. Animal Control Warden. "Animal Control 19 Warden" means any person appointed by the Administrator and 20 approved by the Board to perform duties as assigned by the 21 Administrator to effectuate the Animal Control Act. 22 (510 ILCS 70/2.01h new) 23 Sec. 2.01h. Animal shelter. "Animal shelter" means a 24 facility operated, owned, or maintained by a duly 25 incorporated humane society, animal welfare society, or other 26 non-profit organization for the purpose of providing for and 27 promoting the welfare, protection, and humane treatment of 28 animals. "Animal shelter" also means any veterinary hospital 29 or clinic operated by a veterinarian or veterinarians 30 licensed under the Veterinary Medicine and Surgery Practice SB629 Enrolled -3- LRB9208026ARsb 1 Act of 1994 which operates for the above mentioned purpose in 2 addition to its customary purposes. 3 (510 ILCS 70/2.07) (from Ch. 8, par. 702.07) 4 Sec. 2.07. Person. "Person" means any individual, 5 minor, firm, corporation, partnership, other business unit, 6 society, association, or other legal entity, any public or 7 private institution, the State of Illinois, or any municipal 8 corporation or political subdivision of the State. 9 (Source: P.A. 78-905.) 10 (510 ILCS 70/2.09 new) 11 Sec. 2.09. Humanely euthanized. "Humanely euthanized" 12 means the painless administration of a lethal dose of an 13 agent or method of euthanasia as prescribed in the Report of 14 the American Veterinary Medical Association Panel on 15 Euthanasia published in the Journal of the American 16 Veterinary Medical Association, March 1, 2001 (or any 17 successor version of that Report), that causes the painless 18 death of an animal. Animals must be handled prior to 19 administration of the agent or method of euthanasia in a 20 manner to avoid undue apprehension by the animal. 21 (510 ILCS 70/2.10 new) 22 Sec. 2.10. Companion animal hoarder. "Companion animal 23 hoarder" means a person who (i) possesses a large number of 24 companion animals; (ii) fails to or is unable to provide what 25 he or she is required to provide under Section 3 of this Act; 26 (iii) keeps the companion animals in a severely overcrowded 27 environment; and (iv) displays an inability to recognize or 28 understand the nature of or has a reckless disregard for the 29 conditions under which the companion animals are living and 30 the deleterious impact they have on the companion animals' 31 and owner's health and well-being. SB629 Enrolled -4- LRB9208026ARsb 1 (510 ILCS 70/3.04 new) 2 Sec. 3.04. Arrests and seizures. 3 (a) Any law enforcement officer making an arrest for an 4 offense involving one or more companion animals under Section 5 3.01, 3.02, or 3.03 of this Act may lawfully take possession 6 of some or all of the companion animals in the possession of 7 the person arrested. The officer, after taking possession of 8 the companion animals, must file with the court before whom 9 the complaint is made against any person so arrested an 10 affidavit stating the name of the person charged in the 11 complaint, a description of the condition of the companion 12 animal or companion animals taken, and the time and place the 13 companion animal or companion animals were taken, together 14 with the name of the person from whom the companion animal or 15 companion animals were taken and name of the person who 16 claims to own the companion animal or companion animals if 17 different from the person from whom the companion animal or 18 companion animals were seized. He or she must at the same 19 time deliver an inventory of the companion animal or 20 companion animals taken to the court of competent 21 jurisdiction. The officer must place the companion animal or 22 companion animals in the custody of an animal control or 23 animal shelter and the agency must retain custody of the 24 companion animal or companion animals subject to an order of 25 the court adjudicating the charges on the merits and before 26 which the person complained against is required to appear for 27 trial. The State's Attorney may, within 14 days after the 28 seizure, file a "petition for forfeiture prior to trial" 29 before the court having criminal jurisdiction over the 30 alleged charges, asking for permanent forfeiture of the 31 companion animals seized. The petition shall be filed with 32 the court, with copies served on the impounding agency, the 33 owner, and anyone claiming an interest in the animals. In a 34 "petition for forfeiture prior to trial", the burden is on SB629 Enrolled -5- LRB9208026ARsb 1 the prosecution to prove by a preponderance of the evidence 2 that the person arrested violated Section 3.01, 3.02, 3.03, 3 or 4.01. 4 (b) An owner whose companion animal or companion animals 5 are removed by a law enforcement officer under this Section 6 must be given written notice of the circumstances of the 7 removal and of any legal remedies available to him or her. 8 The notice must be posted at the place of seizure, or 9 delivered to a person residing at the place of seizure or, if 10 the address of the owner is different from the address of the 11 person from whom the companion animal or companion animals 12 were seized, delivered by registered mail to his or her last 13 known address. 14 (510 ILCS 70/3.05 new) 15 Sec. 3.05. Security for companion animals and animals 16 used for fighting purposes. 17 (a) In the case of companion animals as defined in 18 Section 2.01a or animals used for fighting purposes pursuant 19 to Section 4.01, the animal control or animal shelter having 20 custody of the animal or animals may file a petition with the 21 court requesting that the person from whom the animal or 22 animals are seized, or the owner of the animal or animals, be 23 ordered to post security. The security must be in an amount 24 sufficient to secure payment of all reasonable expenses 25 expected to be incurred by the animal control or animal 26 shelter in caring for and providing for the animal or animals 27 pending the disposition of the charges. Reasonable expenses 28 include, but are not limited to, estimated medical care and 29 boarding of the animal or animals for 30 days. The amount of 30 the security shall be determined by the court after taking 31 into consideration all of the facts and circumstances of the 32 case, including, but not limited to, the recommendation of 33 the impounding organization having custody and care of the SB629 Enrolled -6- LRB9208026ARsb 1 seized animal or animals and the cost of caring for the 2 animal or animals. If security has been posted in accordance 3 with this Section, the animal control or animal shelter may 4 draw from the security the actual costs incurred by the 5 agency in caring for the seized animal or animals. 6 (b) Upon receipt of a petition, the court must set a 7 hearing on the petition, to be conducted within 5 business 8 days after the petition is filed. The petitioner must serve 9 a true copy of the petition upon the defendant and the 10 State's Attorney for the county in which the animal or 11 animals were seized. The petitioner must also serve a true 12 copy of the petition on any interested person. For the 13 purposes of this subsection, "interested person" means an 14 individual, partnership, firm, joint stock company, 15 corporation, association, trust, estate, or other legal 16 entity that the court determines may have a pecuniary 17 interest in the animal or animals that are the subject of the 18 petition. The court must set a hearing date to determine any 19 interested parties. The court may waive for good cause shown 20 the posting of security. 21 (c) If the court orders the posting of security, the 22 security must be posted with the clerk of the court within 5 23 business days after the hearing. If the person ordered to 24 post security does not do so, the animal or animals are 25 forfeited by operation of law and the animal control or 26 animal shelter having control of the animal or animals must 27 dispose of the animal or animals through adoption or must 28 humanely euthanize the animal. In no event may the defendant 29 or any person residing in the defendant's household adopt the 30 animal or animals. 31 (d) The impounding organization may file a petition with 32 the court upon the expiration of the 30-day period requesting 33 the posting of additional security. The court may order the 34 person from whom the animal or animals were seized, or the SB629 Enrolled -7- LRB9208026ARsb 1 owner of the animal or animals, to post additional security 2 with the clerk of the court to secure payment of reasonable 3 expenses for an additional period of time pending a 4 determination by the court of the charges against the person 5 from whom the animal or animals were seized. 6 (e) In no event may the security prevent the impounding 7 organization having custody and care of the animal or animals 8 from disposing of the animal or animals before the expiration 9 of the 30-day period covered by the security if the court 10 makes a final determination of the charges against the person 11 from whom the animal or animals were seized. Upon the 12 adjudication of the charges, the person who posted the 13 security is entitled to a refund of the security, in whole or 14 in part, for any expenses not incurred by the impounding 15 organization. 16 (f) Notwithstanding any other provision of this Section 17 to the contrary, the court may order a person charged with 18 any violation of this Act to provide necessary food, water, 19 shelter, and care for any animal or animals that are the 20 basis of the charge without the removal of the animal or 21 animals from their existing location and until the charges 22 against the person are adjudicated. Until a final 23 determination of the charges is made, any law enforcement 24 officer, animal control officer, Department investigator, or 25 an approved humane investigator may be authorized by an order 26 of the court to make regular visits to the place where the 27 animal or animals are being kept to ascertain if the animal 28 or animals are receiving necessary food, water, shelter, and 29 care. Nothing in this Section prevents any law enforcement 30 officer, Department investigator, or approved humane 31 investigator from applying for a warrant under this Section 32 to seize any animal or animals being held by the person 33 charged pending the adjudication of the charges if it is 34 determined that the animal or animals are not receiving the SB629 Enrolled -8- LRB9208026ARsb 1 necessary food, water, shelter, or care. 2 (g) Nothing in this Act shall be construed to prevent 3 the voluntary, permanent relinquishment of any animal by its 4 owner to an animal control or animal shelter in lieu of 5 posting security or proceeding to a forfeiture hearing. 6 Voluntary relinquishment shall have no effect on the criminal 7 charges that may be pursued by the appropriate authorities. 8 (h) If an owner of a companion animal is acquitted by 9 the court of charges made pursuant to this Act, the court 10 shall further order that any security that has been posted 11 for the animal shall be returned to the owner by the 12 impounding organization. 13 (i) The provisions of this Section only pertain to 14 companion animals and animals used for fighting purposes. 15 (510 ILCS 70/3.06 new) 16 Sec. 3.06. Disposition of seized companion animals and 17 animals used for fighting purposes. 18 (a) Upon the conviction of the person charged, all 19 animals seized, if not previously ordered forfeited or 20 previously forfeited by operation of law, are forfeited to 21 the facility impounding the animals and must be humanely 22 euthanized or adopted. Any outstanding costs incurred by the 23 impounding facility for boarding and treating the animals 24 pending the disposition of the case and any costs incurred in 25 disposing of the animals must be borne by the person 26 convicted. 27 (b) Any person authorized by this Section to care for an 28 animal or animals, to treat an animal or animals, or to 29 attempt to restore an animal or animals to good health and 30 who is acting in good faith is immune from any civil or 31 criminal liability that may result from his or her actions. 32 (c) The provisions of this Section only pertain to 33 companion animals and animals used for fighting purposes. SB629 Enrolled -9- LRB9208026ARsb 1 (510 ILCS 70/3.07 new) 2 Sec. 3.07. Veterinarian reports; humane euthanasia. Any 3 veterinarian in this State who observes or is presented with 4 an animal or animals for the treatment of aggravated cruelty 5 under Section 3.02 or torture under Section 3.03 of this Act 6 must file a report with the Department and cooperate with the 7 Department by furnishing the owner's name, the date of 8 receipt of the animal or animals and any treatment 9 administered, and a description of the animal or animals 10 involved, including a microchip number if applicable. Any 11 veterinarian who in good faith makes a report, as required by 12 this Section, has immunity from any liability, civil, 13 criminal, or otherwise, that may result from his or her 14 actions. For the purposes of any proceedings, civil or 15 criminal, the good faith of the veterinarian shall be 16 presumed. 17 An animal control warden, animal control administrator, 18 approved humane investigator, or animal shelter employee may 19 humanely euthanize severely injured, diseased, or suffering 20 animals in exigent circumstances. 21 (510 ILCS 70/4.01) (from Ch. 8, par. 704.01) 22 Sec. 4.01. Prohibitions. 23 (a) No person may own, capture, breed, train, or lease 24 any animal which he or she knows or should know is intended 25 for use in any show, exhibition, program, or other activity 26 featuring or otherwise involving a fight between such animal 27 and any other animal or human, or the intentional killing of 28 any animal for the purpose of sport, wagering, or 29 entertainment. 30 (b) No person shall promote, conduct, carry on, 31 advertise, collect money for or in any other manner assist 32 or aid in the presentation for purposes of sport, wagering, 33 or entertainment, any show, exhibition, program, or other SB629 Enrolled -10- LRB9208026ARsb 1 activity involving a fight between 2 or more animals or any 2 animal and human, or the intentional killing of any animal. 3 (c) No person shall sell or offer for sale, ship, 4 transport, or otherwise move, or deliver or receive any 5 animal which he or she knows or should know has been 6 captured, bred, or trained, or will be used, to fight another 7 animal or human or be intentionally killed, for the purpose 8 of sport, wagering, or entertainment. 9 (d) No person shall manufacture for sale, shipment, 10 transportation or delivery any device or equipment which that 11 person knows or should know is intended for use in any show, 12 exhibition, program, or other activity featuring or otherwise 13 involving a fight between 2 or more animals, or any human and 14 animal, or the intentional killing of any animal for purposes 15 of sport, wagering or entertainment. 16 (e) No person shall own, possess, sell or offer for 17 sale, ship, transport, or otherwise move any equipment or 18 device which such person knows or should know is intended for 19 use in connection with any show, exhibition, program, or 20 activity featuring or otherwise involving a fight between 2 21 or more animals, or any animal and human, or the intentional 22 killing of any animal for purposes of sport, wagering or 23 entertainment. 24 (f) No person shall make available any site, structure, 25 or facility, whether enclosed or not, which he or she knows 26 or should know is intended to be used for the purpose of 27 conducting any show, exhibition, program, or other activity 28 involving a fight between 2 or more animals, or any animal 29 and human, or the intentional killing of any animal. 30 (g) No person shall attend or otherwise patronize any 31 show, exhibition, program, or other activity featuring or 32 otherwise involving a fight between 2 or more animals, or any 33 animal and human, or the intentional killing of any animal 34 for the purposes of sport, wagering or entertainment. SB629 Enrolled -11- LRB9208026ARsb 1 (h) No person shall tie or attach or fasten any live 2 animal to any machine or device propelled by any power for 3 the purpose of causing such animal to be pursued by a dog or 4 dogs. This subsection (h) shall apply only when such dog is 5 intended to be used in a dog fight. 6 (i) Any animals or equipment involved in a violation of 7 this Section shall be immediately seized and impounded under 8 Section 12 by the Department when located at any show, 9 exhibition, program, or other activity featuring or otherwise 10 involving an animal fight for the purposes of sport, 11 wagering, or entertainment. 12 (j) Any vehicle or conveyance other than a common 13 carrier that is used in violation of this Section shall be 14 seized, held, and offered for sale at public auction by the 15 sheriff's department of the proper jurisdiction, and the 16 proceeds from the sale shall be remitted to the general fund 17 of the county where the violation took place. 18 (k) Any veterinarian in this State who is presented with 19 an animal for treatment of injuries or wounds resulting from 20 fighting where there is a reasonable possibility that the 21 animal was engaged in or utilized for a fighting event for 22 the purposes of sport, wagering, or entertainment shall file 23 a report with the Department and cooperate by furnishing the 24 owners' names, dates, and descriptions of the animal or 25 animals involved. Any veterinarian who in good faith complies 26 with the requirements of this subsection has immunity from 27 any liability, civil, criminal, or otherwise, that may result 28 from his or her actions. For the purposes of any 29 proceedings, civil or criminal, the good faith of the 30 veterinarian shall be rebuttably presumed. 31 (l) No person shall conspire or solicit a minor to 32 violate this Section. 33 (Source: P.A. 87-819.) SB629 Enrolled -12- LRB9208026ARsb 1 (510 ILCS 70/4.02) (from Ch. 8, par. 704.02) 2 Sec. 4.02. Arrests; reports. 3 (a) Any law enforcement officer making an arrest for an 4 offense involving one or more dogs under Section 4.01 of this 5 Act shall lawfully take possession of all dogs and all 6 paraphernalia, implements, or other property or things used 7 or employed, or about to be employed, in the violation of any 8 of the provisions of Section 4.01 of this Act. When a law 9 enforcement officer has takenSuch officer, after taking10 possession of such dogs, paraphernalia, implements or other 11 property or things, he or she shall file with the court 12 before whom the complaint is made against any person so 13 arrested an affidavit stating therein the name of the person 14 charged in thesuchcomplaint, a description of the property 15 so taken and the time and place of the taking thereof 16 together with the name of the person from whom the same was 17 taken and name of the person who claims to own such property, 18 if different from the person from whom the dogs were seized 19 and if known, and that the affiant has reason to believe and 20 does believe, stating the ground of thesuchbelief, that the 21 dogs and property so taken werewasused or employed, or were 22wasabout to be used or employed, in asuchviolation of 23 Section 4.01 of this Act. He or she shall thereupon deliver 24 an inventory of the property so taken to the court of 25 competent jurisdiction. A law enforcement officer may 26 humanely euthanize dogs that are severely injured. 27 An owner whose dogs are removed for a violation of 28 Section 4.01 of this Act must be given written notice of the 29 circumstances of the removal and of any legal remedies 30 available to him or her. The notice must be posted at the 31 place of seizure or delivered to a person residing at the 32 place of seizure or, if the address of the owner is different 33 from the address of the person from whom the dogs were 34 seized, delivered by registered mail to his or her last known SB629 Enrolled -13- LRB9208026ARsb 1 address. 2 The animal control or animal shelter having custody of 3 the dogs may file a petition with the court requesting that 4 the person from whom the dogs were seized or the owner of the 5 dogs be ordered to post security pursuant to Section 3.05 of 6 this Act, which shall, by order, place the same in custody of7an officer or other proper person named and designated in8such order, to be kept by him until the conviction or final9discharge of such person complained against, and shall send a10copy of such order without delay to the State's attorney of11the county and the Department. The officer or person so12named and designated in such order shall immediately13thereupon assume the custody of such property and shall14retain the same, subject to the order of the court before15which such person so complained against may be required to16appear for trial. 17 Upon the conviction of the person so charged, all dogs 18 shall be adopted or humanely euthanized and property so 19 seized shall be adjudged by the court to be forfeited. Any 20 outstanding costs incurred by the impounding facility in 21 boarding and treating the dogs pending the disposition of the 22 case and disposing of the dogs upon a conviction must be 23 borne by the person convictedand shall thereupon be24destroyed or otherwise disposed of as the court may order. 25 In no event may the dogs be adopted by the defendant or 26 anyone residing in his or her household. If the court finds 27 that the State either failed to prove the criminal 28 allegations or that the dogs were used in fighting, the court 29 must direct the delivery of the dogs and the other property 30 not previously forfeited to the owner of the dogs and 31 property. 32 Any person authorized by this Section to care for a dog, 33 to treat a dog, or to attempt to restore a dog to good health 34 and who is acting in good faith is immune from any civil or SB629 Enrolled -14- LRB9208026ARsb 1 criminal liability that may result from his or her actions. 2 An animal control warden, animal control administrator, 3 animal shelter employee, or approved humane investigator may 4 humanely euthanize severely injured, diseased, or suffering 5 dog in exigent circumstancesIn the event of the acquittal or6final discharge without conviction of the person so charged7such court shall , on demand, direct the delivery of such8property so held in custody to the owner thereof. 9 (b) Any veterinarian in this State who is presented with 10 an animal for treatment of injuries or wounds resulting from 11 fighting where there is a reasonable possibility that the 12 animal was engaged in or utilized for a fighting event shall 13 file a report with the Department and cooperate by furnishing 14 the owners' names, date of receipt of the animal or animals 15 and treatment administered,datesand descriptions of the 16 animal or animals involved. Any veterinarian who in good 17 faith makes a report, as required by this subsection (b), is 18 immuneshall have immunityfrom any liability, civil, 19 criminal, orthatotherwise, resulting from his or hermight20result by reason of suchactions. For the purposes of any 21 proceedings, civil or criminal, the good faith of any such 22 veterinarian shall be presumed. 23 (Source: P.A. 84-723.) 24 (510 ILCS 70/4.03) (from Ch. 8, par. 704.03) 25 Sec. 4.03. Teasing, striking or tampering with police 26 animals, service animals, or search and rescue dogs 27 prohibited. It shall be unlawful for any person to willfully 28 and maliciously taunt, torment, tease, beat, strike, or 29 administer or subject any desensitizing drugs, chemicals or 30 substance to (i) any animal used by a law enforcement officer 31 in the performance of his or her functions or duties, or when 32 placed in confinement off duty, (ii) any service animal, 33 (iii) any search and rescue dog, or (iv) any police, service, SB629 Enrolled -15- LRB9208026ARsb 1 or search and rescue animal in training. It is unlawful for 2 any person to; or tointerfere or meddle with (i) anysuch3 animal used by a law enforcement department or agency or any 4 handler thereof in the performance of the functions or duties 5 of the department or agency, (ii) any service animal, (iii) 6 any search and rescue dog, or (iv) any law enforcement, 7 service, or search and rescue animal in training. 8 (Source: P.A. 90-80, eff. 7-10-97.) 9 (510 ILCS 70/4.04) (from Ch. 8, par. 704.04) 10 Sec. 4.04. Injuring or killing police animals, service 11 animals, or search and rescue dogs prohibited. It shall be 12 unlawful for any person to willfully or maliciously torture, 13 mutilate, injure, disable, poison, or kill (i) any animal 14 used by a law enforcement department or agency in the 15 performance of the functions or duties of the department or 16 agency or when placed in confinement off duty, (ii) any 17 service animal, (iii) any search and rescue dog, or (iv) any 18 law enforcement, service, or search and rescue animal in 19 training. However, a police officer or veterinarian may 20 perform euthanasia in emergency situations when delay would 21 cause the animal undue suffering and pain. 22 (Source: P.A. 90-80, eff. 7-10-97; 91-357, eff. 7-29-99.) 23 (510 ILCS 70/10) (from Ch. 8, par. 710) 24 Sec. 10. Investigation of complaints. 25 (a) Upon receiving a complaint of a suspected violation 26 of this Act, a Department investigator, any law enforcement 27 official, or an approved humane investigator may, for the 28 purpose of investigating the allegations of the complaint, 29 enter during normal business hours upon any premises where 30 the animal or animals described in the complaint are housed 31 or kept, provided such entry shall not be made into any 32 building which is a person's residence, except by search SB629 Enrolled -16- LRB9208026ARsb 1 warrant or court order. Institutions operating under federal 2 license to conduct laboratory experimentation utilizing 3 animals for research or medical purposes are, however, exempt 4 from the provisions of this Section. State's Attorneys and 5 law enforcement officials shall provide such assistance as 6 may be required in the conduct of such investigations. Any 7 such investigation requiring legal procedures shall be 8 immediately reported to the Department. No employee or 9 representative of the Department shall enter a livestock 10 management facility unless sanitized footwear is used, or 11 unless the owner or operator of the facility waives this 12 requirement. The employee or representative must also use 13 any other reasonable disease prevention procedures or 14 equipment provided by the owner or operator of the facility. 15 The animal control administrator and animal control wardens 16 appointed under the Animal Control Act shall be authorized to 17 make investigations complying with this Section for alleged 18 violations of Sections 3,and3.01, 3.02, and 3.03 pertaining 19 tosmallcompanion animals.If impoundments are made by20wardens, public pounds operated by a political entity shall21be utilized.The animals impounded shall remain under the 22 jurisdiction of the animal control administrator and be held 23 in an animal shelterpoundlicensed under the Animal Welfare 24 Act.All litigation, appeal, and disposition of the animals25so held will remain with the governmental agency operating26the facility.27 (b) Any veterinarian acting in good faith is immune from 28 any civil or criminal liability resulting from his or her 29 actions under this Section. The good faith on the part of the 30 veterinarian is presumed. 31 (Source: P.A. 87-157.) 32 (510 ILCS 70/12) (from Ch. 8, par. 712) 33 Sec. 12. Impounding animals; notice of impoundment. SB629 Enrolled -17- LRB9208026ARsb 1 (a) When an approved humane investigator, a Department 2 investigator or a veterinarian finds that a violation of this 3 Act has rendered an animal in such a condition that no remedy 4 or corrective action by the owner is possibleor the violator5fails or refuses to take corrective action necessary for6compliance pursuant to Section 11 of this Act, the Department 7 mustmayimpound or order the impoundment of the animal. If 8 the violator fails or refuses to take corrective action 9 necessary for compliance with Section 11 of this Act, the 10 Department may impound the animal. If the animal is ordered 11 impounded, it shall be impounded in a facility or at another 12 location wherewhich will providethe elements of good care 13 as set forth in Section 3 of this Act can be provided, and 14 where such animals shall be examined and treated by a 15 licensed veterinarian or, if the animal is severely injured, 16 diseased, or suffering, humanely euthanized. Any expense 17 incurred in the impoundment shall become a lien on the 18 animals. 19 (b) Emergency impoundment may be exercised in a 20 life-threatening situation and the subject animals shall be 21 conveyed directly to a licensed veterinarian for medical 22 services necessary to sustain life or to be humanely 23 euthanized as determined by the veterinarian. If such 24 emergency procedure is taken by an animal control officer, 25 the Department shall be notified. 26 (c)(b)A notice of impoundment shall be given by the 27 investigator to the violator, if known, in person or sent by 28 certified or registered mail. If the investigator is not 29 able to serve the violator in person or by registered or 30 certified mail, the notice may be given by publication in a 31 newspaper of general circulation in the county in which the 32 violator's last known address is located. A copy of the 33 notice shall be retained by the investigator and a copy 34 forwarded immediately to the Department. The notice of SB629 Enrolled -18- LRB9208026ARsb 1 impoundment shall include the following: 2 (1) A number assigned by the Department which will 3 also be given to the impounding facility accepting the 4 responsibility of the animal or animals. 5 (2) Listing of deficiencies noted. 6 (3) An accurate description of the animal or 7 animals involved. 8 (4) Date on which the animal or animals were 9 impounded. 10 (5) Signature of the investigator. 11 (6) A statement that: "The violator may request a 12 hearing to appeal the impoundment. A person desiring a 13 hearing shall contact the Department of Agriculture 14 within 7 days from the date of impoundment" and the 15 Department mustwillhold an administrative hearing 16 within 7 business days after receiving a request to 17 appeal the impoundment. If the hearing cannot be held 18 prior to the expiration of the 7-day impoundment period, 19 the Department shall notify the impounding facility that 20 it cannot sell, offer for adoption, or dispose of the 21 animal or animals until a final decision is rendered and 22 all of the appeal processes have expired. 23 If a hearing is requested by any owner of impounded 24 animals, the Hearing Officer shall,have the authorityafter 25 hearing the testimony of all interestedaffectedparties,to26 render a decision within 5 business days regardingas tothe 27 disposition of the impounded animals. This decision by the 28 Hearing Officer shall have no effect on the criminal charges 29 that may be filed with the appropriate authorities. 30 If an owner of a companion animal or animal used for 31 fighting purposes requests a hearing, the animal control or 32 animal shelter having control of the animal or animals may 33 file a petition with the court in the county where the 34 impoundment took place requesting that the person from whom SB629 Enrolled -19- LRB9208026ARsb 1 the animal or animals were seized or the owner of the animal 2 or animals be ordered to post security pursuant to 3 subsections (a) and (b) of Section 3.05 of this Act. 4 If the court orders the posting of security, the security 5 must be posted with the clerk of the court within 5 business 6 days after the hearing. If the person ordered to post 7 security does not do so, the court must order the Department 8 of Agriculture to hold a hearing on the impoundment within 5 9 business days. If, upon final administrative or judicial 10 determination, it is found that it is not in the best 11 interest of the animal or animals to be returned to the 12 person from whom it was seized, the animal or animals are 13 forfeited to the animal control or animal shelter having 14 control of the animal or animals. If no petition for the 15 posting of security is filed or a petition was filed and 16 granted but the person failed to post security, any expense 17 incurred in the impoundment shall remain outstanding until 18 satisfied by the owner or the person from whom the animal or 19 animals were impounded. 20Any expense incurred in such impoundment becomes a lien21on the animal impounded and must be discharged before the22animal is released from the facility.When the impoundment is 23 not appealed, the animal or animals are forfeited and the 24 animal control or animal shelter in charge of the animal or 25 animals may lawfully and without liability provide for 26 adoption of the animal or animals by a person other than the 27 person who forfeited the animal or animals, or any person or 28 persons dwelling in the same household as the person who 29 forfeited the animal or animals, or it may humanely euthanize 30 the animal or animals.the animal is not claimed by its owner31and all impoundment costs satisfied within 7 days, it may be32sold at public or private sale for fair consideration to a33person capable of providing care consistent with this Act,34with the proceeds of that sale applied first to discharge theSB629 Enrolled -20- LRB9208026ARsb 1lien and any balance to be paid over to the owner. If no2purchaser is found, the animal may be offered for adoption or3disposed of in a manner not inconsistent with this or any4other Act.5 (Source: P.A. 88-600, eff. 9-1-94.) 6 (510 ILCS 70/16) (from Ch. 8, par. 716) 7 Sec. 16. Violations; punishment; injunctions. 8 (a) Any person convicted of violating subsection (l) of 9 Section 4.01 or Sections 5, 5.01, or 6 of this Act or any 10 rule, regulation, or order of the Department pursuant 11 thereto, is guilty of a Class ACmisdemeanor. A second or 12 subsequent violation of Section 5, 5.01, or 6 is a Class 4 13 felony. 14 (b)(1) This subsection (b) does not apply where the 15 only animals involved in the violation are dogs. 16 (2) Any person convicted of violating subsection 17 (a), (b), (c) or (h) of Section 4.01 of this Act or any 18 rule, regulation, or order of the Department pursuant 19 thereto, is guilty of a Class A misdemeanor. 20 (3) A second or subsequent offense involving the 21 violation of subsection (a), (b) or (c) of Section 4.01 22 of this Act or any rule, regulation, or order of the 23 Department pursuant thereto is a Class 4 felony. 24 (4) Any person convicted of violating subsection 25 (d), (e) or (f) of Section 4.01 of this Act or any rule, 26 regulation, or order of the Department pursuant thereto, 27 is guilty of a Class ABmisdemeanor. A second or 28 subsequent violation is a Class 4 felony. 29 (5) Any person convicted of violating subsection 30 (g) of Section 4.01 of this Act or any rule, regulation, 31 or order of the Department pursuant thereto is guilty of 32 a Class C misdemeanor. 33 (c)(1) This subsection (c) applies exclusively SB629 Enrolled -21- LRB9208026ARsb 1 where the only animals involved in the violation are 2 dogs. 3 (2) Any person convicted of violating subsection 4 (a), (b) or (c) of Section 4.01 of this Act or any rule, 5 regulation or order of the Department pursuant thereto is 6 guilty of a Class 4 felony and may be fined an amount not 7 to exceed $50,000. 8 (3) Any person convicted of violating subsection 9 (d), (e) or (f) of Section 4.01 of this Act or any rule, 10 regulation or order of the Department pursuant thereto is 11 guilty of Class A misdemeanor, if such person knew or12should have known that the device or equipment under13subsection (d) or (e) of that Section or the site,14structure or facility under subsection (f) of that15Section was to be used to carry out a violation where the16only animals involved were dogs. Where such person did17not know or should not reasonably have been expected to18know that the only animals involved in the violation were19dogs, the penalty shall be same as that provided for in20paragraph (4) of subsection (b). 21 (4) Any person convicted of violating subsection 22 (g) of Section 4.01 of this Act or any rule, regulation 23 or order of the Department pursuant thereto is guilty of 24 a Class C misdemeanor. 25 (5) A second or subsequent violation of subsection 26 (a), (b) or (c) of Section 4.01 of this Act or any rule, 27 regulation or order of the Department pursuant thereto is 28 a Class 3 felony. A second or subsequent violation of 29 subsection (d), (e) or (f) of Section 4.01 of this Act or 30 any rule, regulation or order of the Department adopted 31 pursuant thereto is a Class 3 felony, if in each 32 violation the person knew or should have known that the 33 device or equipment under subsection (d) or (e) of that 34 Section or the site, structure or facility under SB629 Enrolled -22- LRB9208026ARsb 1 subsection (f) of that Section was to be used to carry 2 out a violation where the only animals involved were 3 dogs. Where such person did not know or should not 4 reasonably have been expected to know that the only 5 animals involved in the violation were dogs, a second or 6 subsequent violation of subsection (d), (e) or (f) of 7 Section 4.01 of this Act or any rule, regulation or order 8 of the Department adopted pursuant thereto is a Class A 9 misdemeanor. A second or subsequent violation of 10 subsection (g) is a Class B misdemeanor. 11 (6) Any person convicted of violating Section 3.01 12 of this Act is guilty of a Class ACmisdemeanor. A 13 second or subsequent conviction for a violation of 14 Section 3.01 is a Class 4 felonyB misdemeanor. A third15or subsequent conviction for a violation of Section 3.0116is a Class A misdemeanor. 17 (7) Any person convicted of violating Section 4.03 18 is guilty of a Class ABmisdemeanor. A second or 19 subsequent violation is a Class 4 felony. 20 (8) Any person convicted of violating Section 4.04 21 is guilty of a Class A misdemeanor where the animal is 22 not killed or totally disabled, but if the animal is 23 killed or totally disabled such person shall be guilty of 24 a Class 4 felony. 25 (8.5) A person convicted of violating subsection 26 (a) of Section 7.15 is guilty of a Class ABmisdemeanor. 27 A person convicted of violating subsection (b) or (c) of 28 Section 7.15 is (i) guilty of a Class A misdemeanor if 29 the dog is not killed or totally disabled and (ii) if the 30 dog is killed or totally disabled, guilty of a Class 4 31 felony and may be ordered by the court to make 32 restitution to the disabled person having custody or 33 ownership of the dog for veterinary bills and replacement 34 costs of the dog. A second or subsequent violation is a SB629 Enrolled -23- LRB9208026ARsb 1 Class 4 felony. 2 (9) Any person convicted of any other act of abuse 3 or neglect or of violating any other provision of this 4 Act, or any rule, regulation, or order of the Department 5 pursuant thereto, is guilty of a Class BCmisdemeanor. 6 A second or subsequent violation is a Class 4 felony with 7 every day that a violation continues constituting a 8 separate offense. 9 (d) Any person convicted of violating Section 7.1 is 10 guilty of a Class C misdemeanorpetty offense. A second or 11 subsequent conviction for a violation of Section 7.1 is a 12 Class BCmisdemeanor. 13 (e) Any person convicted of violating Section 3.02 is 14 guilty of a Class 4 felonyA misdemeanor. A second or 15 subsequent violation is a Class 34felony. 16 (f) The Department may enjoin a person from a continuing 17 violation of this Act. 18 (g) Any person convicted of violating Section 3.03 is 19 guilty of a Class 34felony.A second or subsequent offense20is a Class 3 felony.As a condition of the sentence imposed 21 under this Section, the court shall order the offender to 22 undergo a psychological or psychiatric evaluation and to 23 undergo treatment that the court determines to be appropriate 24 after due consideration of the evaluation. 25 (h) In addition to any other penalty provided by law, 26 upon a conviction for violating Sections 3, 3.01, 3.02, or 27 3.03 the court may order the convicted person to undergo a 28 psychological or psychiatric evaluation and to undergo any 29 treatment at the convicted person's expense that the court 30 determines to be appropriate after due consideration of the 31 evaluation. If the convicted person is a juvenile or a 32 companion animal hoarder, the court must order the convicted 33 person to undergo a psychological or psychiatric evaluation 34 and to undergo treatment that the court determines to be SB629 Enrolled -24- LRB9208026ARsb 1 appropriate after due consideration of the evaluation. 2 (i) In addition to any other penalty provided by law, 3 upon conviction for violating Sections 3, 3.01, 3.02, or 3.03 4 the court may order the convicted person to forfeit to an 5 animal control or animal shelter the animal or animals that 6 are the basis of the conviction. Upon an order of 7 forfeiture, the convicted person is deemed to have 8 permanently relinquished all rights to the animal or animals 9 that are the basis of the conviction. The forfeited animal 10 or animals shall be adopted or humanely euthanized. In no 11 event may the convicted person or anyone residing in his or 12 her household be permitted to adopt the forfeited animal or 13 animals. The court, additionally, may order that the 14 convicted person and persons dwelling in the same household 15 as the convicted person who conspired, aided, or abetted in 16 the unlawful act that was the basis of the conviction, or who 17 knew or should have known of the unlawful act, may not own, 18 harbor, or have custody or control of any other animals for a 19 period of time that the court deems reasonable. 20 (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; 21 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff. 22 7-29-99; revised 8-30-99.) 23 (510 ILCS 70/16.1 new) 24 Sec. 16.1. Defenses. It is not a defense to violations 25 of this Act for the person committing the violation to assert 26 that he or she had rights of ownership in the animal that was 27 the victim of the violation. 28 (510 ILCS 70/16.2 new) 29 Sec. 16.2. Corporations. Corporations may be charged 30 with violations of this Act for the acts of their employees 31 or agents who violate this Act in the course of their 32 employment or agency. SB629 Enrolled -25- LRB9208026ARsb 1 (510 ILCS 70/16.3 new) 2 Sec. 16.3. Civil actions. Any person who has a right of 3 ownership in an animal that is subjected to an act of 4 aggravated cruelty under Section 3.02 or torture under 5 Section 3.03 in violation of this Act or in an animal that is 6 injured or killed as a result of actions taken by a person 7 who acts in bad faith under subsection (b) of Section 3.06 or 8 under Section 12 of this Act may bring a civil action to 9 recover the damages sustained by that owner. Damages may 10 include, but are not limited to, the monetary value of the 11 animal, veterinary expenses incurred on behalf of the animal, 12 any other expenses incurred by the owner in rectifying the 13 effects of the cruelty, pain, and suffering of the animal, 14 and emotional distress suffered by the owner. In addition to 15 damages that may be proven, the owner is also entitled to 16 punitive or exemplary damages of not less than $500 but not 17 more than $25,000 for each act of abuse or neglect to which 18 the animal was subjected. In addition, the court must award 19 reasonable attorney's fees and costs actually incurred by the 20 owner in the prosecution of any action under this Section. 21 The remedies provided in this Section are in addition to 22 any other remedies allowed by law. 23 In an action under this Section, the court may enter any 24 injunctive orders reasonably necessary to protect animals 25 from any further acts of abuse, neglect, or harassment by a 26 defendant. 27 The statute of limitations for cruelty to animals is 2 28 years. 29 (510 ILCS 70/16.4 new) 30 Sec. 16.4. Illinois Animal Abuse Fund. The Illinois 31 Animal Abuse Fund is created as a special fund in the State 32 treasury. Moneys in the Fund may be used, subject to 33 appropriation, by the Department of Agriculture to SB629 Enrolled -26- LRB9208026ARsb 1 investigate animal abuse and neglect under this Act. 2 Section 10. The Clerks of Courts Act is amended by 3 changing Sections 27.5 and 27.6 as follows: 4 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) 5 Sec. 27.5. (a) All fees, fines, costs, additional 6 penalties, bail balances assessed or forfeited, and any other 7 amount paid by a person to the circuit clerk that equals an 8 amount less than $55, except restitution under Section 5-5-6 9 of the Unified Code of Corrections, reimbursement for the 10 costs of an emergency response as provided under Section 11 5-5-3 of the Unified Code of Corrections, any fees collected 12 for attending a traffic safety program under paragraph (c) of 13 Supreme Court Rule 529, any fee collected on behalf of a 14 State's Attorney under Section 4-2002 of the Counties Code or 15 a sheriff under Section 4-5001 of the Counties Code, or any 16 cost imposed under Section 124A-5 of the Code of Criminal 17 Procedure of 1963, for convictions, orders of supervision, or 18 any other disposition for a violation of Chapters 3, 4, 6, 19 11, and 12 of the Illinois Vehicle Code, or a similar 20 provision of a local ordinance, and any violation of the 21 Child Passenger Protection Act, or a similar provision of a 22 local ordinance, and except as provided in subsection (b) 23 shall be disbursed within 60 days after receipt by the 24 circuit clerk as follows: 47% shall be disbursed to the 25 entity authorized by law to receive the fine imposed in the 26 case; 12% shall be disbursed to the State Treasurer; and 41% 27 shall be disbursed to the county's general corporate fund. Of 28 the 12% disbursed to the State Treasurer, 1/6 shall be 29 deposited by the State Treasurer into the Violent Crime 30 Victims Assistance Fund, 1/2 shall be deposited into the 31 Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall 32 be deposited into the Drivers Education Fund. For fiscal SB629 Enrolled -27- LRB9208026ARsb 1 years 1992 and 1993, amounts deposited into the Violent Crime 2 Victims Assistance Fund, the Traffic and Criminal Conviction 3 Surcharge Fund, or the Drivers Education Fund shall not 4 exceed 110% of the amounts deposited into those funds in 5 fiscal year 1991. Any amount that exceeds the 110% limit 6 shall be distributed as follows: 50% shall be disbursed to 7 the county's general corporate fund and 50% shall be 8 disbursed to the entity authorized by law to receive the fine 9 imposed in the case. Not later than March 1 of each year the 10 circuit clerk shall submit a report of the amount of funds 11 remitted to the State Treasurer under this Section during the 12 preceding year based upon independent verification of fines 13 and fees. All counties shall be subject to this Section, 14 except that counties with a population under 2,000,000 may, 15 by ordinance, elect not to be subject to this Section. For 16 offenses subject to this Section, judges shall impose one 17 total sum of money payable for violations. The circuit clerk 18 may add on no additional amounts except for amounts that are 19 required by Sections 27.3a and 27.3c of this Act, unless 20 those amounts are specifically waived by the judge. With 21 respect to money collected by the circuit clerk as a result 22 of forfeiture of bail, ex parte judgment or guilty plea 23 pursuant to Supreme Court Rule 529, the circuit clerk shall 24 first deduct and pay amounts required by Sections 27.3a and 25 27.3c of this Act. This Section is a denial and limitation of 26 home rule powers and functions under subsection (h) of 27 Section 6 of Article VII of the Illinois Constitution. 28 (b) The following amounts must be remitted to the State 29 Treasurer for deposit into the Illinois Animal Abuse Fund: 30 (1) 50% of amounts collected for Class 4 felonies 31 under subsection (a), paragraph (4) of subsection (b), 32 and paragraphs (6), (7), (8.5), and (9) of subsection (c) 33 of Section 16 of the Humane Care for Animals Act and 34 Class 3 felonies under paragraph (5) of subsection (c) of SB629 Enrolled -28- LRB9208026ARsb 1 Section 16 of that Act. 2 (2) 20% of amounts collected for Class A 3 misdemeanors under subsection (a), paragraph (4) of 4 subsection (b), and paragraphs (6) and (7) of subsection 5 (c) of Section 16 of the Humane Care for Animals Act and 6 Class B misdemeanors under paragraph (9) of subsection 7 (c) of Section 16 of that Act. 8 (3) 20% of amounts collected for Class B 9 misdemeanors under subsection (d) of Section 16 of the 10 Humane Care for Animals Act. 11 (4) 50% of amounts collected for Class C 12 misdemeanors under subsection (d) of Section 16 of the 13 Humane Care for Animals Act. 14 (Source: P.A. 89-234, eff. 1-1-96.) 15 (705 ILCS 105/27.6) 16 Sec. 27.6. (a) All fees, fines, costs, additional 17 penalties, bail balances assessed or forfeited, and any other 18 amount paid by a person to the circuit clerk equalling an 19 amount of $55 or more, except the additional fee required by 20 subsections (b) and (c), restitution under Section 5-5-6 of 21 the Unified Code of Corrections, reimbursement for the costs 22 of an emergency response as provided under Section 5-5-3 of 23 the Unified Code of Corrections, any fees collected for 24 attending a traffic safety program under paragraph (c) of 25 Supreme Court Rule 529, any fee collected on behalf of a 26 State's Attorney under Section 4-2002 of the Counties Code or 27 a sheriff under Section 4-5001 of the Counties Code, or any 28 cost imposed under Section 124A-5 of the Code of Criminal 29 Procedure of 1963, for convictions, orders of supervision, or 30 any other disposition for a violation of Chapters 3, 4, 6, 31 11, and 12 of the Illinois Vehicle Code, or a similar 32 provision of a local ordinance, and any violation of the 33 Child Passenger Protection Act, or a similar provision of a SB629 Enrolled -29- LRB9208026ARsb 1 local ordinance, and except as provided in subsection (d) 2 shall be disbursed within 60 days after receipt by the 3 circuit clerk as follows: 44.5% shall be disbursed to the 4 entity authorized by law to receive the fine imposed in the 5 case; 16.825% shall be disbursed to the State Treasurer; and 6 38.675% shall be disbursed to the county's general corporate 7 fund. Of the 16.825% disbursed to the State Treasurer, 2/17 8 shall be deposited by the State Treasurer into the Violent 9 Crime Victims Assistance Fund, 5.052/17 shall be deposited 10 into the Traffic and Criminal Conviction Surcharge Fund, 3/17 11 shall be deposited into the Drivers Education Fund, and 12 6.948/17 shall be deposited into the Trauma Center Fund. Of 13 the 6.948/17 deposited into the Trauma Center Fund from the 14 16.825% disbursed to the State Treasurer, 50% shall be 15 disbursed to the Department of Public Health and 50% shall be 16 disbursed to the Department of Public Aid. For fiscal year 17 1993, amounts deposited into the Violent Crime Victims 18 Assistance Fund, the Traffic and Criminal Conviction 19 Surcharge Fund, or the Drivers Education Fund shall not 20 exceed 110% of the amounts deposited into those funds in 21 fiscal year 1991. Any amount that exceeds the 110% limit 22 shall be distributed as follows: 50% shall be disbursed to 23 the county's general corporate fund and 50% shall be 24 disbursed to the entity authorized by law to receive the fine 25 imposed in the case. Not later than March 1 of each year the 26 circuit clerk shall submit a report of the amount of funds 27 remitted to the State Treasurer under this Section during the 28 preceding year based upon independent verification of fines 29 and fees. All counties shall be subject to this Section, 30 except that counties with a population under 2,000,000 may, 31 by ordinance, elect not to be subject to this Section. For 32 offenses subject to this Section, judges shall impose one 33 total sum of money payable for violations. The circuit clerk 34 may add on no additional amounts except for amounts that are SB629 Enrolled -30- LRB9208026ARsb 1 required by Sections 27.3a and 27.3c of this Act, unless 2 those amounts are specifically waived by the judge. With 3 respect to money collected by the circuit clerk as a result 4 of forfeiture of bail, ex parte judgment or guilty plea 5 pursuant to Supreme Court Rule 529, the circuit clerk shall 6 first deduct and pay amounts required by Sections 27.3a and 7 27.3c of this Act. This Section is a denial and limitation of 8 home rule powers and functions under subsection (h) of 9 Section 6 of Article VII of the Illinois Constitution. 10 (b) In addition to any other fines and court costs 11 assessed by the courts, any person convicted or receiving an 12 order of supervision for driving under the influence of 13 alcohol or drugs shall pay an additional fee of $25 to the 14 clerk of the circuit court. This amount, less 2 1/2% that 15 shall be used to defray administrative costs incurred by the 16 clerk, shall be remitted by the clerk to the Treasurer within 17 60 days after receipt for deposit into the Trauma Center 18 Fund. This additional fee of $25 shall not be considered a 19 part of the fine for purposes of any reduction in the fine 20 for time served either before or after sentencing. Not later 21 than March 1 of each year the Circuit Clerk shall submit a 22 report of the amount of funds remitted to the State Treasurer 23 under this subsection during the preceding calendar year. 24 (c) In addition to any other fines and court costs 25 assessed by the courts, any person convicted for a violation 26 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 27 1961 or a person sentenced for a violation of the Cannabis 28 Control Act or the Controlled Substance Act shall pay an 29 additional fee of $100 to the clerk of the circuit court. 30 This amount, less 2 1/2% that shall be used to defray 31 administrative costs incurred by the clerk, shall be remitted 32 by the clerk to the Treasurer within 60 days after receipt 33 for deposit into the Trauma Center Fund. This additional fee 34 of $100 shall not be considered a part of the fine for SB629 Enrolled -31- LRB9208026ARsb 1 purposes of any reduction in the fine for time served either 2 before or after sentencing. Not later than March 1 of each 3 year the Circuit Clerk shall submit a report of the amount of 4 funds remitted to the State Treasurer under this subsection 5 during the preceding calendar year. 6 (d) The following amounts must be remitted to the State 7 Treasurer for deposit into the Illinois Animal Abuse Fund: 8 (1) 50% of amounts collected for Class 4 felonies 9 under subsection (a), paragraph (4) of subsection (b), 10 and paragraphs (6), (7), (8.5), and (9) of subsection (c) 11 of Section 16 of the Humane Care for Animals Act and 12 Class 3 felonies under paragraph (5) of subsection (c) of 13 Section 16 of that Act. 14 (2) 20% of amounts collected for Class A 15 misdemeanors under subsection (a), paragraph (4) of 16 subsection (b), and paragraphs (6) and (7) of subsection 17 (c) of Section 16 of the Humane Care for Animals Act and 18 Class B misdemeanors under paragraph (9) of subsection 19 (c) of Section 16 of that Act. 20 (3) 20% of amounts collected for Class B 21 misdemeanors under subsection (d) of Section 16 of the 22 Humane Care for Animals Act. 23 (4) 50% of amounts collected for Class C 24 misdemeanors under subsection (d) of Section 16 of the 25 Humane Care for Animals Act. 26 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 27 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.) 28 Section 15. The Juvenile Court Act of 1987 is amended by 29 changing Sections 5-615, 5-710, and 5-715 as follows: 30 (705 ILCS 405/5-615) 31 Sec. 5-615. Continuance under supervision. 32 (1) The court may enter an order of continuance under SB629 Enrolled -32- LRB9208026ARsb 1 supervision for an offense other than first degree murder, a 2 Class X felony or a forcible felony (a) upon an admission or 3 stipulation by the appropriate respondent or minor respondent 4 of the facts supporting the petition and before proceeding to 5 adjudication, or after hearing the evidence at the trial, and 6 (b) in the absence of objection made in open court by the 7 minor, his or her parent, guardian, or legal custodian, the 8 minor's attorney or the State's Attorney. 9 (2) If the minor, his or her parent, guardian, or legal 10 custodian, the minor's attorney or State's Attorney objects 11 in open court to any continuance and insists upon proceeding 12 to findings and adjudication, the court shall so proceed. 13 (3) Nothing in this Section limits the power of the 14 court to order a continuance of the hearing for the 15 production of additional evidence or for any other proper 16 reason. 17 (4) When a hearing where a minor is alleged to be a 18 delinquent is continued pursuant to this Section, the period 19 of continuance under supervision may not exceed 24 months. 20 The court may terminate a continuance under supervision at 21 any time if warranted by the conduct of the minor and the 22 ends of justice. 23 (5) When a hearing where a minor is alleged to be 24 delinquent is continued pursuant to this Section, the court 25 may, as conditions of the continuance under supervision, 26 require the minor to do any of the following: 27 (a) not violate any criminal statute of any 28 jurisdiction; 29 (b) make a report to and appear in person before 30 any person or agency as directed by the court; 31 (c) work or pursue a course of study or vocational 32 training; 33 (d) undergo medical or psychotherapeutic treatment 34 rendered by a therapist licensed under the provisions of SB629 Enrolled -33- LRB9208026ARsb 1 the Medical Practice Act of 1987, the Clinical 2 Psychologist Licensing Act, or the Clinical Social Work 3 and Social Work Practice Act, or an entity licensed by 4 the Department of Human Services as a successor to the 5 Department of Alcoholism and Substance Abuse, for the 6 provision of drug addiction and alcoholism treatment; 7 (e) attend or reside in a facility established for 8 the instruction or residence of persons on probation; 9 (f) support his or her dependents, if any; 10 (g) pay costs; 11 (h) refrain from possessing a firearm or other 12 dangerous weapon, or an automobile; 13 (i) permit the probation officer to visit him or 14 her at his or her home or elsewhere; 15 (j) reside with his or her parents or in a foster 16 home; 17 (k) attend school; 18 (l) attend a non-residential program for youth; 19 (m) contribute to his or her own support at home or 20 in a foster home; 21 (n) perform some reasonable public or community 22 service; 23 (o) make restitution to the victim, in the same 24 manner and under the same conditions as provided in 25 subsection (4) of Section 5-710, except that the 26 "sentencing hearing" referred to in that Section shall be 27 the adjudicatory hearing for purposes of this Section; 28 (p) comply with curfew requirements as designated 29 by the court; 30 (q) refrain from entering into a designated 31 geographic area except upon terms as the court finds 32 appropriate. The terms may include consideration of the 33 purpose of the entry, the time of day, other persons 34 accompanying the minor, and advance approval by a SB629 Enrolled -34- LRB9208026ARsb 1 probation officer; 2 (r) refrain from having any contact, directly or 3 indirectly, with certain specified persons or particular 4 types of persons, including but not limited to members of 5 street gangs and drug users or dealers; 6 (r-5) undergo a medical or other procedure to have 7 a tattoo symbolizing allegiance to a street gang removed 8 from his or her body; 9 (s) refrain from having in his or her body the 10 presence of any illicit drug prohibited by the Cannabis 11 Control Act or the Illinois Controlled Substances Act, 12 unless prescribed by a physician, and submit samples of 13 his or her blood or urine or both for tests to determine 14 the presence of any illicit drug; or 15 (t) comply with any other conditions as may be 16 ordered by the court. 17 (6) A minor whose case is continued under supervision 18 under subsection (5) shall be given a certificate setting 19 forth the conditions imposed by the court. Those conditions 20 may be reduced, enlarged, or modified by the court on motion 21 of the probation officer or on its own motion, or that of the 22 State's Attorney, or, at the request of the minor after 23 notice and hearing. 24 (7) If a petition is filed charging a violation of a 25 condition of the continuance under supervision, the court 26 shall conduct a hearing. If the court finds that a condition 27 of supervision has not been fulfilled, the court may proceed 28 to findings and adjudication and disposition. The filing of 29 a petition for violation of a condition of the continuance 30 under supervision shall toll the period of continuance under 31 supervision until the final determination of the charge, and 32 the term of the continuance under supervision shall not run 33 until the hearing and disposition of the petition for 34 violation; provided where the petition alleges conduct that SB629 Enrolled -35- LRB9208026ARsb 1 does not constitute a criminal offense, the hearing must be 2 held within 30 days of the filing of the petition unless a 3 delay shall continue the tolling of the period of continuance 4 under supervision for the period of the delay. 5 (8) When a hearing in which a minor is alleged to be a 6 delinquent for reasons that include a violation of Section 7 21-1.3 of the Criminal Code of 1961 is continued under this 8 Section, the court shall, as a condition of the continuance 9 under supervision, require the minor to perform community 10 service for not less than 30 and not more than 120 hours, if 11 community service is available in the jurisdiction. The 12 community service shall include, but need not be limited to, 13 the cleanup and repair of the damage that was caused by the 14 alleged violation or similar damage to property located in 15 the municipality or county in which the alleged violation 16 occurred. The condition may be in addition to any other 17 condition. 18 (8.5) When a hearing in which a minor is alleged to be a 19 delinquent for reasons that include a violation of Section 20 3.02 or Section 3.03 of the Humane Care for Animals Act or 21 paragraph (d) of subsection (1) of Section 21-1 of the 22 Criminal Code of 1961 is continued under this Section, the 23 court shall, as a condition of the continuance under 24 supervision, require the minor to undergo medical or 25 psychiatric treatment rendered by a psychiatrist or 26 psychological treatment rendered by a clinical psychologist. 27 The condition may be in addition to any other condition. 28 (9) When a hearing in which a minor is alleged to be a 29 delinquent is continued under this Section, the court, before 30 continuing the case, shall make a finding whether the offense 31 alleged to have been committed either: (i) was related to or 32 in furtherance of the activities of an organized gang or was 33 motivated by the minor's membership in or allegiance to an 34 organized gang, or (ii) is a violation of paragraph (13) of SB629 Enrolled -36- LRB9208026ARsb 1 subsection (a) of Section 12-2 of the Criminal Code of 1961, 2 a violation of any Section of Article 24 of the Criminal Code 3 of 1961, or a violation of any statute that involved the 4 unlawful use of a firearm. If the court determines the 5 question in the affirmative the court shall, as a condition 6 of the continuance under supervision and as part of or in 7 addition to any other condition of the supervision, require 8 the minor to perform community service for not less than 30 9 hours, provided that community service is available in the 10 jurisdiction and is funded and approved by the county board 11 of the county where the offense was committed. The community 12 service shall include, but need not be limited to, the 13 cleanup and repair of any damage caused by an alleged 14 violation of Section 21-1.3 of the Criminal Code of 1961 and 15 similar damage to property located in the municipality or 16 county in which the alleged violation occurred. When 17 possible and reasonable, the community service shall be 18 performed in the minor's neighborhood. For the purposes of 19 this Section, "organized gang" has the meaning ascribed to it 20 in Section 10 of the Illinois Streetgang Terrorism Omnibus 21 Prevention Act. 22 (10) The court shall impose upon a minor placed on 23 supervision, as a condition of the supervision, a fee of $25 24 for each month of supervision ordered by the court, unless 25 after determining the inability of the minor placed on 26 supervision to pay the fee, the court assesses a lesser 27 amount. The court may not impose the fee on a minor who is 28 made a ward of the State under this Act while the minor is in 29 placement. The fee shall be imposed only upon a minor who is 30 actively supervised by the probation and court services 31 department. A court may order the parent, guardian, or legal 32 custodian of the minor to pay some or all of the fee on the 33 minor's behalf. 34 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00; SB629 Enrolled -37- LRB9208026ARsb 1 91-332, eff. 7-29-99; revised 10-7-99.) 2 (705 ILCS 405/5-710) 3 Sec. 5-710. Kinds of sentencing orders. 4 (1) The following kinds of sentencing orders may be made 5 in respect of wards of the court: 6 (a) Except as provided in Sections 5-805, 5-810, 7 5-815, a minor who is found guilty under Section 5-620 8 may be: 9 (i) put on probation or conditional discharge 10 and released to his or her parents, guardian or 11 legal custodian, provided, however, that any such 12 minor who is not committed to the Department of 13 Corrections, Juvenile Division under this subsection 14 and who is found to be a delinquent for an offense 15 which is first degree murder, a Class X felony, or a 16 forcible felony shall be placed on probation; 17 (ii) placed in accordance with Section 5-740, 18 with or without also being put on probation or 19 conditional discharge; 20 (iii) required to undergo a substance abuse 21 assessment conducted by a licensed provider and 22 participate in the indicated clinical level of care; 23 (iv) placed in the guardianship of the 24 Department of Children and Family Services, but only 25 if the delinquent minor is under 13 years of age; 26 (v) placed in detention for a period not to 27 exceed 30 days, either as the exclusive order of 28 disposition or, where appropriate, in conjunction 29 with any other order of disposition issued under 30 this paragraph, provided that any such detention 31 shall be in a juvenile detention home and the minor 32 so detained shall be 10 years of age or older. 33 However, the 30-day limitation may be extended by SB629 Enrolled -38- LRB9208026ARsb 1 further order of the court for a minor under age 13 2 committed to the Department of Children and Family 3 Services if the court finds that the minor is a 4 danger to himself or others. The minor shall be 5 given credit on the sentencing order of detention 6 for time spent in detention under Sections 5-501, 7 5-601, 5-710, or 5-720 of this Article as a result 8 of the offense for which the sentencing order was 9 imposed. The court may grant credit on a sentencing 10 order of detention entered under a violation of 11 probation or violation of conditional discharge 12 under Section 5-720 of this Article for time spent 13 in detention before the filing of the petition 14 alleging the violation. A minor shall not be 15 deprived of credit for time spent in detention 16 before the filing of a violation of probation or 17 conditional discharge alleging the same or related 18 act or acts; 19 (vi) ordered partially or completely 20 emancipated in accordance with the provisions of the 21 Emancipation of Mature Minors Act; 22 (vii) subject to having his or her driver's 23 license or driving privileges suspended for such 24 time as determined by the court but only until he or 25 she attains 18 years of age; 26 (viii) put on probation or conditional 27 discharge and placed in detention under Section 28 3-6039 of the Counties Code for a period not to 29 exceed the period of incarceration permitted by law 30 for adults found guilty of the same offense or 31 offenses for which the minor was adjudicated 32 delinquent, and in any event no longer than upon 33 attainment of age 21; this subdivision (viii) 34 notwithstanding any contrary provision of the law; SB629 Enrolled -39- LRB9208026ARsb 1 or 2 (ix) ordered to undergo a medical or other 3 procedure to have a tattoo symbolizing allegiance to 4 a street gang removed from his or her body. 5 (b) A minor found to be guilty may be committed to 6 the Department of Corrections, Juvenile Division, under 7 Section 5-750 if the minor is 13 years of age or older, 8 provided that the commitment to the Department of 9 Corrections, Juvenile Division, shall be made only if a 10 term of incarceration is permitted by law for adults 11 found guilty of the offense for which the minor was 12 adjudicated delinquent. The time during which a minor is 13 in custody before being released upon the request of a 14 parent, guardian or legal custodian shall be considered 15 as time spent in detention. 16 (c) When a minor is found to be guilty for an 17 offense which is a violation of the Illinois Controlled 18 Substances Act or the Cannabis Control Act and made a 19 ward of the court, the court may enter a disposition 20 order requiring the minor to undergo assessment, 21 counseling or treatment in a substance abuse program 22 approved by the Department of Human Services. 23 (2) Any sentencing order other than commitment to the 24 Department of Corrections, Juvenile Division, may provide for 25 protective supervision under Section 5-725 and may include an 26 order of protection under Section 5-730. 27 (3) Unless the sentencing order expressly so provides, 28 it does not operate to close proceedings on the pending 29 petition, but is subject to modification until final closing 30 and discharge of the proceedings under Section 5-750. 31 (4) In addition to any other sentence, the court may 32 order any minor found to be delinquent to make restitution, 33 in monetary or non-monetary form, under the terms and 34 conditions of Section 5-5-6 of the Unified Code of SB629 Enrolled -40- LRB9208026ARsb 1 Corrections, except that the "presentencing hearing" referred 2 to in that Section shall be the sentencing hearing for 3 purposes of this Section. The parent, guardian or legal 4 custodian of the minor may be ordered by the court to pay 5 some or all of the restitution on the minor's behalf, 6 pursuant to the Parental Responsibility Law. The State's 7 Attorney is authorized to act on behalf of any victim in 8 seeking restitution in proceedings under this Section, up to 9 the maximum amount allowed in Section 5 of the Parental 10 Responsibility Law. 11 (5) Any sentencing order where the minor is committed or 12 placed in accordance with Section 5-740 shall provide for the 13 parents or guardian of the estate of the minor to pay to the 14 legal custodian or guardian of the person of the minor such 15 sums as are determined by the custodian or guardian of the 16 person of the minor as necessary for the minor's needs. The 17 payments may not exceed the maximum amounts provided for by 18 Section 9.1 of the Children and Family Services Act. 19 (6) Whenever the sentencing order requires the minor to 20 attend school or participate in a program of training, the 21 truant officer or designated school official shall regularly 22 report to the court if the minor is a chronic or habitual 23 truant under Section 26-2a of the School Code. 24 (7) In no event shall a guilty minor be committed to the 25 Department of Corrections, Juvenile Division for a period of 26 time in excess of that period for which an adult could be 27 committed for the same act. 28 (8) A minor found to be guilty for reasons that include 29 a violation of Section 21-1.3 of the Criminal Code of 1961 30 shall be ordered to perform community service for not less 31 than 30 and not more than 120 hours, if community service is 32 available in the jurisdiction. The community service shall 33 include, but need not be limited to, the cleanup and repair 34 of the damage that was caused by the violation or similar SB629 Enrolled -41- LRB9208026ARsb 1 damage to property located in the municipality or county in 2 which the violation occurred. The order may be in addition 3 to any other order authorized by this Section. 4 (8.5) A minor found to be guilty for reasons that 5 include a violation of Section 3.02 or Section 3.03 of the 6 Humane Care for Animals Act or paragraph (d) of subsection 7 (1) of Section 21-1 of the Criminal Code of 1961 shall be 8 ordered to undergo medical or psychiatric treatment rendered 9 by a psychiatrist or psychological treatment rendered by a 10 clinical psychologist. The order may be in addition to any 11 other order authorized by this Section. 12 (9) In addition to any other sentencing order, the court 13 shall order any minor found to be guilty for an act which 14 would constitute, predatory criminal sexual assault of a 15 child, aggravated criminal sexual assault, criminal sexual 16 assault, aggravated criminal sexual abuse, or criminal sexual 17 abuse if committed by an adult to undergo medical testing to 18 determine whether the defendant has any sexually 19 transmissible disease including a test for infection with 20 human immunodeficiency virus (HIV) or any other identified 21 causative agency of acquired immunodeficiency syndrome 22 (AIDS). Any medical test shall be performed only by 23 appropriately licensed medical practitioners and may include 24 an analysis of any bodily fluids as well as an examination of 25 the minor's person. Except as otherwise provided by law, the 26 results of the test shall be kept strictly confidential by 27 all medical personnel involved in the testing and must be 28 personally delivered in a sealed envelope to the judge of the 29 court in which the sentencing order was entered for the 30 judge's inspection in camera. Acting in accordance with the 31 best interests of the victim and the public, the judge shall 32 have the discretion to determine to whom the results of the 33 testing may be revealed. The court shall notify the minor of 34 the results of the test for infection with the human SB629 Enrolled -42- LRB9208026ARsb 1 immunodeficiency virus (HIV). The court shall also notify 2 the victim if requested by the victim, and if the victim is 3 under the age of 15 and if requested by the victim's parents 4 or legal guardian, the court shall notify the victim's 5 parents or the legal guardian, of the results of the test for 6 infection with the human immunodeficiency virus (HIV). The 7 court shall provide information on the availability of HIV 8 testing and counseling at the Department of Public Health 9 facilities to all parties to whom the results of the testing 10 are revealed. The court shall order that the cost of any 11 test shall be paid by the county and may be taxed as costs 12 against the minor. 13 (10) When a court finds a minor to be guilty the court 14 shall, before entering a sentencing order under this Section, 15 make a finding whether the offense committed either: (a) was 16 related to or in furtherance of the criminal activities of an 17 organized gang or was motivated by the minor's membership in 18 or allegiance to an organized gang, or (b) involved a 19 violation of subsection (a) of Section 12-7.1 of the Criminal 20 Code of 1961, a violation of any Section of Article 24 of the 21 Criminal Code of 1961, or a violation of any statute that 22 involved the wrongful use of a firearm. If the court 23 determines the question in the affirmative, and the court 24 does not commit the minor to the Department of Corrections, 25 Juvenile Division, the court shall order the minor to perform 26 community service for not less than 30 hours nor more than 27 120 hours, provided that community service is available in 28 the jurisdiction and is funded and approved by the county 29 board of the county where the offense was committed. The 30 community service shall include, but need not be limited to, 31 the cleanup and repair of any damage caused by a violation of 32 Section 21-1.3 of the Criminal Code of 1961 and similar 33 damage to property located in the municipality or county in 34 which the violation occurred. When possible and reasonable, SB629 Enrolled -43- LRB9208026ARsb 1 the community service shall be performed in the minor's 2 neighborhood. This order shall be in addition to any other 3 order authorized by this Section except for an order to place 4 the minor in the custody of the Department of Corrections, 5 Juvenile Division. For the purposes of this Section, 6 "organized gang" has the meaning ascribed to it in Section 10 7 of the Illinois Streetgang Terrorism Omnibus Prevention Act. 8 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.) 9 (705 ILCS 405/5-715) 10 Sec. 5-715. Probation. 11 (1) The period of probation or conditional discharge 12 shall not exceed 5 years or until the minor has attained the 13 age of 21 years, whichever is less, except as provided in 14 this Section for a minor who is found to be guilty for an 15 offense which is first degree murder, a Class X felony or a 16 forcible felony. The juvenile court may terminate probation 17 or conditional discharge and discharge the minor at any time 18 if warranted by the conduct of the minor and the ends of 19 justice; provided, however, that the period of probation for 20 a minor who is found to be guilty for an offense which is 21 first degree murder, a Class X felony, or a forcible felony 22 shall be at least 5 years. 23 (2) The court may as a condition of probation or of 24 conditional discharge require that the minor: 25 (a) not violate any criminal statute of any 26 jurisdiction; 27 (b) make a report to and appear in person before 28 any person or agency as directed by the court; 29 (c) work or pursue a course of study or vocational 30 training; 31 (d) undergo medical or psychiatric treatment, 32 rendered by a psychiatrist or psychological treatment 33 rendered by a clinical psychologist or social work SB629 Enrolled -44- LRB9208026ARsb 1 services rendered by a clinical social worker, or 2 treatment for drug addiction or alcoholism; 3 (e) attend or reside in a facility established for 4 the instruction or residence of persons on probation; 5 (f) support his or her dependents, if any; 6 (g) refrain from possessing a firearm or other 7 dangerous weapon, or an automobile; 8 (h) permit the probation officer to visit him or 9 her at his or her home or elsewhere; 10 (i) reside with his or her parents or in a foster 11 home; 12 (j) attend school; 13 (k) attend a non-residential program for youth; 14 (l) make restitution under the terms of subsection 15 (4) of Section 5-710; 16 (m) contribute to his or her own support at home or 17 in a foster home; 18 (n) perform some reasonable public or community 19 service; 20 (o) participate with community corrections programs 21 including unified delinquency intervention services 22 administered by the Department of Human Services subject 23 to Section 5 of the Children and Family Services Act; 24 (p) pay costs; 25 (q) serve a term of home confinement. In addition 26 to any other applicable condition of probation or 27 conditional discharge, the conditions of home confinement 28 shall be that the minor: 29 (i) remain within the interior premises of the 30 place designated for his or her confinement during 31 the hours designated by the court; 32 (ii) admit any person or agent designated by 33 the court into the minor's place of confinement at 34 any time for purposes of verifying the minor's SB629 Enrolled -45- LRB9208026ARsb 1 compliance with the conditions of his or her 2 confinement; and 3 (iii) use an approved electronic monitoring 4 device if ordered by the court subject to Article 8A 5 of Chapter V of the Unified Code of Corrections; 6 (r) refrain from entering into a designated 7 geographic area except upon terms as the court finds 8 appropriate. The terms may include consideration of the 9 purpose of the entry, the time of day, other persons 10 accompanying the minor, and advance approval by a 11 probation officer, if the minor has been placed on 12 probation, or advance approval by the court, if the minor 13 has been placed on conditional discharge; 14 (s) refrain from having any contact, directly or 15 indirectly, with certain specified persons or particular 16 types of persons, including but not limited to members of 17 street gangs and drug users or dealers; 18 (s-5) undergo a medical or other procedure to have 19 a tattoo symbolizing allegiance to a street gang removed 20 from his or her body; 21 (t) refrain from having in his or her body the 22 presence of any illicit drug prohibited by the Cannabis 23 Control Act or the Illinois Controlled Substances Act, 24 unless prescribed by a physician, and shall submit 25 samples of his or her blood or urine or both for tests to 26 determine the presence of any illicit drug; or 27 (u) comply with other conditions as may be ordered 28 by the court. 29 (3) The court may as a condition of probation or of 30 conditional discharge require that a minor found guilty on 31 any alcohol, cannabis, or controlled substance violation, 32 refrain from acquiring a driver's license during the period 33 of probation or conditional discharge. If the minor is in 34 possession of a permit or license, the court may require that SB629 Enrolled -46- LRB9208026ARsb 1 the minor refrain from driving or operating any motor vehicle 2 during the period of probation or conditional discharge, 3 except as may be necessary in the course of the minor's 4 lawful employment. 5 (3.5) The court shall, as a condition of probation or of 6 conditional discharge, require that a minor found to be 7 guilty and placed on probation for reasons that include a 8 violation of Section 3.02 or Section 3.03 of the Humane Care 9 for Animals Act or paragraph (d) of subsection (1) of Section 10 21-1 of the Criminal Code of 1961 undergo medical or 11 psychiatric treatment rendered by a psychiatrist or 12 psychological treatment rendered by a clinical psychologist. 13 The condition may be in addition to any other condition. 14 (4) A minor on probation or conditional discharge shall 15 be given a certificate setting forth the conditions upon 16 which he or she is being released. 17 (5) The court shall impose upon a minor placed on 18 probation or conditional discharge, as a condition of the 19 probation or conditional discharge, a fee of $25 for each 20 month of probation or conditional discharge supervision 21 ordered by the court, unless after determining the inability 22 of the minor placed on probation or conditional discharge to 23 pay the fee, the court assesses a lesser amount. The court 24 may not impose the fee on a minor who is made a ward of the 25 State under this Act while the minor is in placement. The 26 fee shall be imposed only upon a minor who is actively 27 supervised by the probation and court services department. 28 The court may order the parent, guardian, or legal custodian 29 of the minor to pay some or all of the fee on the minor's 30 behalf. 31 (6) The General Assembly finds that in order to protect 32 the public, the juvenile justice system must compel 33 compliance with the conditions of probation by responding to 34 violations with swift, certain, and fair punishments and SB629 Enrolled -47- LRB9208026ARsb 1 intermediate sanctions. The Chief Judge of each circuit 2 shall adopt a system of structured, intermediate sanctions 3 for violations of the terms and conditions of a sentence of 4 supervision, probation or conditional discharge, under this 5 Act. 6 The court shall provide as a condition of a disposition 7 of probation, conditional discharge, or supervision, that the 8 probation agency may invoke any sanction from the list of 9 intermediate sanctions adopted by the chief judge of the 10 circuit court for violations of the terms and conditions of 11 the sentence of probation, conditional discharge, or 12 supervision, subject to the provisions of Section 5-720 of 13 this Act. 14 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.) 15 Section 20. The Criminal Code of 1961 is amended by 16 changing Section 21-1 as follows: 17 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1) 18 Sec. 21-1. Criminal damage to property. 19 (1) A person commits an illegal act when he: 20 (a) knowingly damages any property of another 21 without his consent; or 22 (b) recklessly by means of fire or explosive 23 damages property of another; or 24 (c) knowingly starts a fire on the land of another 25 without his consent; or 26 (d) knowingly injures a domestic animal of another 27 without his consent; or 28 (e) knowingly deposits on the land or in the 29 building of another, without his consent, any stink bomb 30 or any offensive smelling compound and thereby intends to 31 interfere with the use by another of the land or 32 building; or SB629 Enrolled -48- LRB9208026ARsb 1 (f) damages any property, other than as described 2 in subsection (b) of Section 20-1, with intent to defraud 3 an insurer; or 4 (g) knowingly shoots a firearm at any portion of a 5 railroad train. 6 When the charge of criminal damage to property exceeding 7 a specified value is brought, the extent of the damage is an 8 element of the offense to be resolved by the trier of fact as 9 either exceeding or not exceeding the specified value. 10 (2) The acts described in items (a), (b), (c), (e), and 11through(f) are Class A misdemeanors if the damage to 12 property does not exceed $300. The acts described in items 13 (a), (b), (c), (e), andthrough(f) are Class 4 felonies if 14 the damage to property does not exceed $300 if the damage 15 occurs to property of a school or place of worship. The act 16 described in item (d) is a Class 4 felony if the damage to 17 property does not exceed $10,000. The act described in item 18 (g) is a Class 4 felony. The acts described in items (a), 19 (b), (c), (e), andthrough(f) are Class 4 felonies if the 20 damage to property exceeds $300 but does not exceed $10,000. 21 The acts described in items (a) through (f) are Class 3 22 felonies if the damage to property exceeds $300 but does not 23 exceed $10,000 if the damage occurs to property of a school 24 or place of worship. The acts described in items (a) through 25 (f) are Class 3 felonies if the damage to property exceeds 26 $10,000 but does not exceed $100,000. The acts described in 27 items (a) through (f) are Class 2 felonies if the damage to 28 property exceeds $10,000 but does not exceed $100,000 if the 29 damage occurs to property of a school or place of worship. 30 The acts described in items (a) through (f) are Class 2 31 felonies if the damage to property exceeds $100,000. The 32 acts described in items (a) through (f) are Class 1 felonies 33 if the damage to property exceeds $100,000 and the damage 34 occurs to property of a school or place of worship. If the SB629 Enrolled -49- LRB9208026ARsb 1 damage to property exceeds $10,000, the court shall impose 2 upon the offender a fine equal to the value of the damages to 3 the property. 4 (3) In addition to any other sentence that may be 5 imposed, a court shall order any person convicted of criminal 6 damage to property to perform community service for not less 7 than 30 and not more than 120 hours, if community service is 8 available in the jurisdiction and is funded and approved by 9 the county board of the county where the offense was 10 committed. In addition, whenever any person is placed on 11 supervision for an alleged offense under this Section, the 12 supervision shall be conditioned upon the performance of the 13 community service. 14 This subsection does not apply when the court imposes a 15 sentence of incarceration. 16 (Source: P.A. 91-360, eff. 7-29-99.) 17 Section 25. The State Finance Act is amended by adding 18 Section 5.545 as follows: 19 (30 ILCS 105/5.545 new) 20 Sec. 5.545. The Illinois Animal Abuse Fund. 21 Section 30. Severability. The provisions of this Act 22 are severable under Section 1.31 of the Statute on Statutes. 23 Section 99. Effective date. This Act takes effect on 24 January 1, 2002.