State of Illinois
92^nd General Assembly
Legislation

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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 be to 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  taken  Such  officer, after taking
10    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 the such complaint, 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 the such belief, that the
21    dogs and property so taken were was used or employed, or were
22    was about to be used or employed,  in  a  such  violation  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 of
 7    an officer or other proper person  named  and  designated  in
 8    such  order,  to be kept by him until the conviction or final
 9    discharge of such person complained against, and shall send a
10    copy of such order without delay to the State's  attorney  of
11    the  county  and  the  Department.   The officer or person so
12    named  and  designated  in  such  order   shall   immediately
13    thereupon  assume  the  custody  of  such  property and shall
14    retain the same, subject to the order  of  the  court  before
15    which  such  person  so complained against may be required to
16    appear 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  convicted  and  shall  thereupon  be
24    destroyed 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 circumstances In the event of the acquittal or
 6    final  discharge  without conviction of the person so charged
 7    such court shall , on demand, direct  the  delivery  of  such
 8    property 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,  dates  and 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    immune  shall  have  immunity  from  any  liability,   civil,
19    criminal,  or that otherwise, resulting from his or her might
20    result by reason of such actions.  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 to interfere or meddle with  (i)  any  such
 3    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, and 3.01, 3.02, and 3.03 pertaining
19    to  small  companion  animals.  If  impoundments  are made by
20    wardens, public pounds operated by a political  entity  shall
21    be  utilized.  The  animals  impounded shall remain under the
22    jurisdiction of the animal control administrator and be  held
23    in  an animal shelter pound licensed under the Animal Welfare
24    Act.  All litigation, appeal, and disposition of the  animals
25    so  held  will  remain with the governmental agency operating
26    the 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 possible or the violator
 5    fails or refuses to  take  corrective  action  necessary  for
 6    compliance pursuant to Section 11 of this Act, the Department
 7    must  may impound 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 where which will provide the 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  must  will  hold  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 authority  after
25    hearing  the testimony of all interested affected parties, to
26    render a decision within 5 business days regarding as to  the
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.
20        Any expense incurred in such impoundment becomes  a  lien
21    on  the  animal  impounded  and must be discharged before the
22    animal 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 owner
31    and  all impoundment costs satisfied within 7 days, it may be
32    sold at public or private sale for fair  consideration  to  a
33    person  capable  of  providing care consistent with this Act,
34    with the proceeds of that sale applied first to discharge the
 
SB629 Enrolled              -20-               LRB9208026ARsb
 1    lien and any balance to be paid over  to  the  owner.  If  no
 2    purchaser is found, the animal may be offered for adoption or
 3    disposed  of  in  a  manner not inconsistent with this or any
 4    other 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 A C misdemeanor.  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  A  B  misdemeanor.   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  or
12        should  have  known  that  the  device or equipment under
13        subsection (d) or  (e)  of  that  Section  or  the  site,
14        structure  or  facility  under  subsection  (f)  of  that
15        Section was to be used to carry out a violation where the
16        only  animals  involved were dogs.  Where such person did
17        not know or should not reasonably have been  expected  to
18        know that the only animals involved in the violation were
19        dogs,  the  penalty shall be same as that provided for in
20        paragraph (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  A  C  misdemeanor.   A
13        second  or  subsequent  conviction  for  a  violation  of
14        Section  3.01 is a Class 4 felony B misdemeanor.  A third
15        or subsequent conviction for a violation of Section  3.01
16        is a Class A misdemeanor.
17             (7)  Any  person convicted of violating Section 4.03
18        is guilty of a  Class  A  B  misdemeanor.   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 A B misdemeanor.
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 B  C  misdemeanor.
 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 misdemeanor petty offense.  A second or
11    subsequent conviction for a violation of  Section  7.1  is  a
12    Class B C misdemeanor.
13        (e)  Any  person  convicted  of violating Section 3.02 is
14    guilty of a Class  4  felony  A  misdemeanor.   A  second  or
15    subsequent violation is a Class 3 4 felony.
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 3 4 felony.  A second or subsequent offense
20    is 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
11    through (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), and through (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), and through (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.

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