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92_SB0629ham001 LRB9208026ARsbam03 1 AMENDMENT TO SENATE BILL 629 2 AMENDMENT NO. . Amend Senate Bill 629 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Humane Care for Animals Act is amended 5 by 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, 2.09, 7 2.10, 3.04, 3.05, 3.06, 16.1, 16.2, 16.3, and 16.4 as 8 follows: 9 (510 ILCS 70/2.01a) 10 Sec. 2.01a. Companion animal. "Companion animal" means 11 an animal that is commonly considered to be, or is considered 12 by the owner to beto be used as, a pet. "Companion animal" 13 includes, but is not limited to, canines, felines, and 14 equines. 15 (Source: P.A. 88-600, eff. 9-1-94.) 16 (510 ILCS 70/2.01b new) 17 Sec. 2.01b. Exigent circumstances. "Exigent 18 circumstances" means a licensed veterinarian cannot be 19 secured without undue delay and, in the opinion of the animal 20 control or humane agency, the animal is so severely injured, 21 diseased, or suffering that it is unfit for any useful -2- LRB9208026ARsbam03 1 purpose and to delay humane euthanasia would continue to 2 cause the animal extreme suffering. 3 (510 ILCS 70/2.01c new) 4 Sec. 2.01c. Service animal. "Service animal" means an 5 animal trained in obedience and task skills to meet the needs 6 of a disabled person. 7 (510 ILCS 70/2.01d new) 8 Sec. 2.01d. Search and rescue dog. "Search and rescue 9 dog" means any dog that is trained or is certified to locate 10 persons lost on land or in water. 11 (510 ILCS 70/2.07) (from Ch. 8, par. 702.07) 12 Sec. 2.07. Person. "Person" means any individual, 13 minor, firm, corporation, partnership, other business unit, 14 society, association, or other legal entity, any public or 15 private institution, the State of Illinois, or any municipal 16 corporation or political subdivision of the State. 17 (Source: P.A. 78-905.) 18 (510 ILCS 70/2.09 new) 19 Sec. 2.09. Humanely euthanized. "Humanely euthanized" 20 means the painless administration of a lethal dose of an 21 agent or method of euthanasia as prescribed in the Report of 22 the American Veterinary Medical Association Panel on 23 Euthanasia published in the Journal of the American 24 Veterinary Medical Association, March 1, 2001 (or any 25 successor version of that Report), that causes the painless 26 death of an animal. Animals must be handled prior to 27 administration of the agent or method of euthanasia in a 28 manner to avoid undue apprehension by the animal. 29 (510 ILCS 70/2.10 new) -3- LRB9208026ARsbam03 1 Sec. 2.10. Companion animal hoarder. "Companion animal 2 hoarder" means a person who (i) possesses a large number of 3 companion animals; (ii) fails to or is unable to provide what 4 he or she is required to provide under Section 3 of this Act; 5 (iii) keeps the companion animals in a severely overcrowded 6 environment; and (iv) displays an inability to recognize or 7 understand the nature of or has a reckless disregard for the 8 conditions under which the companion animals are living and 9 the deleterious impact they have on the companion animals' 10 and owner's health and well-being. 11 (510 ILCS 70/3.04 new) 12 Sec. 3.04. Arrests and seizures. 13 (a) Any law enforcement officer making an arrest for an 14 offense involving one or more animals under Section 3.01, 15 3.02, or 3.03 of this Act may lawfully take possession of all 16 animals in the possession of the person arrested. The 17 officer, after taking possession of the animals, must file 18 with the court before whom the complaint is made against any 19 person so arrested an affidavit stating the name of the 20 person charged in the complaint, a description of the 21 condition of the animal or animals taken, and the time and 22 place the animal or animals were taken, together with the 23 name of the person from whom the animal or animals were taken 24 and name of the person who claims to own the animal or animal 25 if different from the person from whom the animal or animals 26 were seized. He or she must at the same time deliver an 27 inventory of the animal or animals taken to the court of 28 competent jurisdiction. The officer must place the animal or 29 animals in the custody of an animal control or humane agency 30 and the agency must retain custody of the animal or animals 31 subject to an order of the court adjudicating the charges on 32 the merits and before which the person complained against is 33 required to appear for trial. The State's Attorney may, -4- LRB9208026ARsbam03 1 within 14 days after the seizure, file a "petition for 2 forfeiture prior to trial" before the court having criminal 3 jurisdiction over the alleged charges, asking for permanent 4 forfeiture of the companion animals seized. The petition 5 shall be filed with the court, with copies served on the 6 impounding agency, the owner, and anyone claiming an interest 7 in the animals. In a "petition for forfeiture prior to 8 trial", the burden is on the prosecution to prove by a 9 preponderance of the evidence that the person arrested 10 violated Section 3.01, 3.02, 3.03, or 4.01. 11 (b) An owner whose animal or animals are removed by a 12 law enforcement officer under this Section must be given 13 written notice of the circumstances of the removal and of any 14 legal remedies available to him or her. The notice must be 15 posted at the place of seizure, or delivered to a person 16 residing at the place of seizure or, if the address of the 17 owner is different from the address of the person from whom 18 the animal or animals were seized, delivered by registered 19 mail to his or her last known address. 20 (510 ILCS 70/3.05 new) 21 Sec. 3.05. Security for companion animals and animals 22 used for fighting purposes. 23 (a) In the case of companion animals as defined in 24 Section 2.01a or animals used for fighting purposes pursuant 25 to Section 4.01, the animal control or humane agency having 26 custody of the animal or animals may file a petition with the 27 court requesting that the person from whom the animal or 28 animals are seized, or the owner of the animal or animals, be 29 ordered to post security. The security must be in an amount 30 sufficient to secure payment of all reasonable expenses 31 expected to be incurred by the animal control or humane 32 agency in caring for and providing for the animal or animals 33 pending the disposition of the charges. Reasonable expenses -5- LRB9208026ARsbam03 1 include, but are not limited to, estimated medical care and 2 boarding of the animal or animals for 30 days. The amount of 3 the security shall be determined by the court after taking 4 into consideration all of the facts and circumstances of the 5 case, including, but not limited to, the recommendation of 6 the impounding organization having custody and care of the 7 seized animal or animals and the cost of caring for the 8 animal or animals. If security has been posted in accordance 9 with this Section, the animal control or humane agency may 10 draw from the security the actual costs incurred by the 11 agency in caring for the seized animal or animals. 12 (b) Upon receipt of a petition, the court must set a 13 hearing on the petition, to be conducted within 5 business 14 days after the petition is filed. The petitioner must serve 15 a true copy of the petition upon the defendant and the 16 State's Attorney for the county in which the animal or 17 animals were seized. The petitioner must also serve a true 18 copy of the petition on any interested person. For the 19 purposes of this subsection, "interested person" means an 20 individual, partnership, firm, joint stock company, 21 corporation, association, trust, estate, or other legal 22 entity that the court determines may have a pecuniary 23 interest in the animal or animals that are the subject of the 24 petition. The court must set a hearing date to determine any 25 interested parties. The court may waive for good cause shown 26 the posting of security. 27 (c) If the court orders the posting of security, the 28 security must be posted with the clerk of the court within 5 29 business days after the hearing. If the person ordered to 30 post security does not do so, the animal or animals are 31 forfeited by operation of law and the animal control or 32 humane agency having control of the animal or animals must 33 dispose of the animal or animals through adoption or must 34 humanely euthanize the animal. In no event may the defendant -6- LRB9208026ARsbam03 1 or any person residing in the defendant's household adopt the 2 animal or animals. 3 (d) The impounding organization may file a petition with 4 the court upon the expiration of the 30-day period requesting 5 the posting of additional security. The court may order the 6 person from whom the animal or animals were seized, or the 7 owner of the animal or animals, to post additional security 8 with the clerk of the court to secure payment of reasonable 9 expenses for an additional period of time pending a 10 determination by the court of the charges against the person 11 from whom the animal or animals were seized. 12 (e) In no event may the security prevent the impounding 13 organization having custody and care of the animal or animals 14 from disposing of the animal or animals before the expiration 15 of the 30-day period covered by the security if the court 16 makes a determination of the charges against the person from 17 whom the animal or animals were seized. Upon the adjudication 18 of the charges, the person who posted the security is 19 entitled to a refund of the security, in whole or in part, 20 for any expenses not incurred by the impounding organization. 21 (f) Notwithstanding any other provision of this Section 22 to the contrary, the court may order a person charged with 23 any violation of this Act to provide necessary food, water, 24 shelter, and care for any animal or animals that are the 25 basis of the charge without the removal of the animal or 26 animals from their existing location and until the charges 27 against the person are adjudicated. Until a final 28 determination of the charges is made, any law enforcement 29 officer, animal control officer, Department investigator, or 30 an approved humane investigator may be authorized by an order 31 of the court to make regular visits to the place where the 32 animal or animals are being kept to ascertain if the animal 33 or animals are receiving necessary food, water, shelter, and 34 care. Nothing in this Section prevents any law enforcement -7- LRB9208026ARsbam03 1 officer, Department investigator, or approved humane 2 investigator from applying for a warrant under this Section 3 to seize any animal or animals being held by the person 4 charged pending the adjudication of the charges if it is 5 determined that the animal or animals are not receiving the 6 necessary food, water, shelter, or care. 7 (g) Nothing in this Act shall be construed to prevent 8 the voluntary, permanent relinquishment of any animal by its 9 owner to an animal control or humane agency in lieu of 10 posting security or proceeding to a forfeiture hearing. 11 Voluntary relinquishment shall have no effect on the criminal 12 charges that may be pursued by the appropriate authorities. 13 (h) If an owner of a companion animal is acquitted by 14 the court of charges made pursuant to this Act, the court 15 shall further order that any security that has been posted 16 for the animal shall be returned to the owner by the 17 impounding organization. 18 (510 ILCS 70/3.06 new) 19 Sec. 3.06. Disposition of seized animals. 20 (a) Upon the conviction of the person charged, all 21 animals seized, if not previously ordered forfeited or 22 previously forfeited by operation of law, are forfeited to 23 the facility impounding the animals and must be humanely 24 euthanized or adopted. Any outstanding costs incurred by the 25 impounding facility for boarding and treating the animals 26 pending the disposition of the case and any costs incurred in 27 disposing of the animals must be borne by the person 28 convicted. 29 (b) Any person authorized by this Section to care for an 30 animal or animals, to treat an animal or animals, or to 31 attempt to restore an animal or animals to good health and 32 who is acting in good faith is immune from any civil or 33 criminal liability that may result from his or her actions. -8- LRB9208026ARsbam03 1 (c) Any veterinarian in this State who observes or is 2 presented with an animal or animals for the treatment of 3 aggravated cruelty under Section 3.02 or torture under 4 Section 3.03 of this Act must file a report with the 5 Department and cooperate with the Department by furnishing 6 the owner's name, the date of receipt of the animal or 7 animals and any treatment administered, and a description of 8 the animal or animals involved, including a microchip number 9 if applicable. Any veterinarian who in good faith makes a 10 report, as required by this subsection, has immunity from any 11 liability, civil, criminal, or otherwise, that may result 12 from his or her actions. For the purposes of any 13 proceedings, civil or criminal, the good faith of the 14 veterinarian shall be presumed. 15 An animal control or humane agency may humanely euthanize 16 severely injured, diseased, or suffering animals in exigent 17 circumstances. 18 (510 ILCS 70/4.01) (from Ch. 8, par. 704.01) 19 Sec. 4.01. Prohibitions. 20 (a) No person may own, capture, breed, train, or lease 21 any animal which he or she knows or should know is intended 22 for use in any show, exhibition, program, or other activity 23 featuring or otherwise involving a fight between such animal 24 and any other animal or human, or the intentional killing of 25 any animal for the purpose of sport, wagering, or 26 entertainment. 27 (b) No person shall promote, conduct, carry on, 28 advertise, collect money for or in any other manner assist 29 or aid in the presentation for purposes of sport, wagering, 30 or entertainment, any show, exhibition, program, or other 31 activity involving a fight between 2 or more animals or any 32 animal and human, or the intentional killing of any animal. 33 (c) No person shall sell or offer for sale, ship, -9- LRB9208026ARsbam03 1 transport, or otherwise move, or deliver or receive any 2 animal which he or she knows or should know has been 3 captured, bred, or trained, or will be used, to fight another 4 animal or human or be intentionally killed, for the purpose 5 of sport, wagering, or entertainment. 6 (d) No person shall manufacture for sale, shipment, 7 transportation or delivery any device or equipment which that 8 person knows or should know is intended for use in any show, 9 exhibition, program, or other activity featuring or otherwise 10 involving a fight between 2 or more animals, or any human and 11 animal, or the intentional killing of any animal for purposes 12 of sport, wagering or entertainment. 13 (e) No person shall own, possess, sell or offer for 14 sale, ship, transport, or otherwise move any equipment or 15 device which such person knows or should know is intended for 16 use in connection with any show, exhibition, program, or 17 activity featuring or otherwise involving a fight between 2 18 or more animals, or any animal and human, or the intentional 19 killing of any animal for purposes of sport, wagering or 20 entertainment. 21 (f) No person shall make available any site, structure, 22 or facility, whether enclosed or not, which he or she knows 23 or should know is intended to be used for the purpose of 24 conducting any show, exhibition, program, or other activity 25 involving a fight between 2 or more animals, or any animal 26 and human, or the intentional killing of any animal. 27 (g) No person shall attend or otherwise patronize any 28 show, exhibition, program, or other activity featuring or 29 otherwise involving a fight between 2 or more animals, or any 30 animal and human, or the intentional killing of any animal 31 for the purposes of sport, wagering or entertainment. 32 (h) No person shall tie or attach or fasten any live 33 animal to any machine or device propelled by any power for 34 the purpose of causing such animal to be pursued by a dog or -10- LRB9208026ARsbam03 1 dogs. This subsection (h) shall apply only when such dog is 2 intended to be used in a dog fight. 3 (i) Any animals or equipment involved in a violation of 4 this Section shall be immediately seized and impounded under 5 Section 12 by the Department when located at any show, 6 exhibition, program, or other activity featuring or otherwise 7 involving an animal fight. 8 (j) Any vehicle or conveyance other than a common 9 carrier that is used in violation of this Section shall be 10 seized, held, and offered for sale at public auction by the 11 sheriff's department of the proper jurisdiction, and the 12 proceeds from the sale shall be remitted to the general fund 13 of the county where the violation took place. 14 (k) Any veterinarian in this State who is presented with 15 an animal for treatment of injuries or wounds resulting from 16 fighting where there is a reasonable possibility that the 17 animal was engaged in or utilized for a fighting event shall 18 file a report with the Department and cooperate by furnishing 19 the owners' names, dates, and descriptions of the animal or 20 animals involved. Any veterinarian who in good faith complies 21 with the requirements of this subsection has immunity from 22 any liability, civil, criminal, or otherwise, that may result 23 from his or her actions. For the purposes of any 24 proceedings, civil or criminal, the good faith of the 25 veterinarian shall be rebuttably presumed. 26 (l) No person shall conspire or solicit a minor to 27 violate this Section. 28 (Source: P.A. 87-819.) 29 (510 ILCS 70/4.02) (from Ch. 8, par. 704.02) 30 Sec. 4.02. Arrests; reports. 31 (a) Any law enforcement officer making an arrest for an 32 offense involving one or more dogs under Section 4.01 of this 33 Act shall lawfully take possession of all dogs and all -11- LRB9208026ARsbam03 1 paraphernalia, implements, or other property or things used 2 or employed, or about to be employed, in the violation of any 3 of the provisions of Section 4.01 of this Act. When a law 4 enforcement officer has takenSuch officer, after taking5 possession of such dogs, paraphernalia, implements or other 6 property or things, he or she shall file with the court 7 before whom the complaint is made against any person so 8 arrested an affidavit stating therein the name of the person 9 charged in thesuchcomplaint, a description of the property 10 so taken and the time and place of the taking thereof 11 together with the name of the person from whom the same was 12 taken and name of the person who claims to own such property, 13 if different from the person from whom the dogs were seized 14 and if known, and that the affiant has reason to believe and 15 does believe, stating the ground of thesuchbelief, that the 16 dogs and property so taken werewasused or employed, or were 17wasabout to be used or employed, in asuchviolation of 18 Section 4.01 of this Act. He or she shall thereupon deliver 19 an inventory of the property so taken to the court of 20 competent jurisdiction. A law enforcement officer may 21 humanely euthanize dogs that are severely injured. 22 An owner whose dogs are removed for a violation of 23 Section 4.01 of this Act must be given written notice of the 24 circumstances of the removal and of any legal remedies 25 available to him or her. The notice must be posted at the 26 place of seizure or delivered to a person residing at the 27 place of seizure or, if the address of the owner is different 28 from the address of the person from whom the dogs were 29 seized, delivered by registered mail to his or her last known 30 address. 31 The animal control or humane agency having custody of the 32 dogs may file a petition with the court requesting that the 33 person from whom the dogs were seized or the owner of the 34 dogs be ordered to post security pursuant to Section 3.05 of -12- LRB9208026ARsbam03 1 this Act, which shall, by order, place the same in custody of2an officer or other proper person named and designated in3such order, to be kept by him until the conviction or final4discharge of such person complained against, and shall send a5copy of such order without delay to the State's attorney of6the county and the Department. The officer or person so7named and designated in such order shall immediately8thereupon assume the custody of such property and shall9retain the same, subject to the order of the court before10which such person so complained against may be required to11appear for trial. 12 Upon the conviction of the person so charged, all dogs 13 and property so seized shall be adjudged by the court to be 14 forfeited and shall thereupon be adopted or humanely 15 euthanized. Any outstanding costs incurred by the impounding 16 facility in boarding and treating the dogs pending the 17 disposition of the case and disposing of the dogs upon a 18 conviction must be borne by the person convictedbe destroyed19or otherwise disposed of as the court may order. In no event 20 may the dogs be adopted by the defendant or anyone residing 21 in his or her household. If the court finds that the State 22 either failed to prove the criminal allegations or that the 23 dogs were used in fighting, the court must direct the 24 delivery of the dogs and the other property not previously 25 forfeited to the owner of the dogs and property. 26 Any person authorized by this Section to care for a dog, 27 to treat a dog, or to attempt to restore a dog to good health 28 and who is acting in good faith is immune from any civil or 29 criminal liability that may result from his or her actions. 30 An animal control or humane agency may humanely euthanize 31 severely injured, diseased, or suffering dog in exigent 32 circumstancesIn the event of the acquittal or final33discharge without conviction of the person so charged such34court shall , on demand, direct the delivery of such property-13- LRB9208026ARsbam03 1so held in custody to the owner thereof. 2 (b) Any veterinarian in this State who is presented with 3 an animal for treatment of injuries or wounds resulting from 4 fighting where there is a reasonable possibility that the 5 animal was engaged in or utilized for a fighting event shall 6 file a report with the Department and cooperate by furnishing 7 the owners' names, date of receipt of the animal or animals 8 and treatment administered,datesand descriptions of the 9 animal or animals involved. Any veterinarian who in good 10 faith makes a report, as required by this subsection (b), is 11 immuneshall have immunityfrom any liability, civil, 12 criminal, orthatotherwise, resulting from his or hermight13result by reason of suchactions. For the purposes of any 14 proceedings, civil or criminal, the good faith of any such 15 veterinarian shall be presumed. 16 (Source: P.A. 84-723.) 17 (510 ILCS 70/4.03) (from Ch. 8, par. 704.03) 18 Sec. 4.03. Teasing, striking or tampering with police 19 animals, service animals, or search and rescue dogs 20 prohibited. It shall be unlawful for any person to willfully 21 and maliciously taunt, torment, tease, beat, strike, or 22 administer or subject any desensitizing drugs, chemicals or 23 substance to (i) any animal used by a law enforcement officer 24 in the performance of his or her functions or duties, or when 25 placed in confinement off duty, (ii) any service animal, 26 (iii) any search and rescue dog, or (iv) any police, service, 27 or search and rescue animal in training. It is unlawful for 28 any person to; or tointerfere or meddle with (i) anysuch29 animal used by a law enforcement department or agency or any 30 handler thereof in the performance of the functions or duties 31 of the department or agency, (ii) any service animal, (iii) 32 any search and rescue dog, or (iv) any law enforcement, 33 service, or search and rescue animal in training. -14- LRB9208026ARsbam03 1 (Source: P.A. 90-80, eff. 7-10-97.) 2 (510 ILCS 70/4.04) (from Ch. 8, par. 704.04) 3 Sec. 4.04. Injuring or killing police animals, service 4 animals, or search and rescue dogs prohibited. It shall be 5 unlawful for any person to willfully or maliciously torture, 6 mutilate, injure, disable, poison, or kill (i) any animal 7 used by a law enforcement department or agency in the 8 performance of the functions or duties of the department or 9 agency or when placed in confinement off duty, (ii) any 10 service animal, (iii) any search and rescue dog, or (iv) any 11 law enforcement, service, or search and rescue animal in 12 training. However, a police officer or veterinarian may 13 perform euthanasia in emergency situations when delay would 14 cause the animal undue suffering and pain. 15 (Source: P.A. 90-80, eff. 7-10-97; 91-357, eff. 7-29-99.) 16 (510 ILCS 70/10) (from Ch. 8, par. 710) 17 Sec. 10. Investigation of complaints. 18 (a) Upon receiving a complaint of a suspected violation 19 of this Act, a Department investigator, any law enforcement 20 official, or an approved humane investigator may, for the 21 purpose of investigating the allegations of the complaint, 22 enter during normal business hours upon any premises where 23 the animal or animals described in the complaint are housed 24 or kept, provided such entry shall not be made into any 25 building which is a person's residence, except by search 26 warrant or court order. Institutions operating under federal 27 license to conduct laboratory experimentation utilizing 28 animals for research or medical purposes are, however, exempt 29 from the provisions of this Section. State's Attorneys and 30 law enforcement officials shall provide such assistance as 31 may be required in the conduct of such investigations. Any 32 such investigation requiring legal procedures shall be -15- LRB9208026ARsbam03 1 immediately reported to the Department. No employee or 2 representative of the Department shall enter a livestock 3 management facility unless sanitized footwear is used, or 4 unless the owner or operator of the facility waives this 5 requirement. The employee or representative must also use 6 any other reasonable disease prevention procedures or 7 equipment provided by the owner or operator of the facility. 8 The animal control administrator and animal control wardens 9 appointed under the Animal Control Act shall be authorized to 10 make investigations complying with this Section for alleged 11 violations of Sections 3,and3.01, 3.02, and 3.03pertaining12to small companion animals. If impoundments are made by13wardens, public pounds operated by a political entity shall14be utilized. The animals impounded shall remain under the 15 jurisdiction of the animal control administrator and be held 16 in an animal shelterpoundlicensed under the Animal Welfare 17 Act.All litigation, appeal, and disposition of the animals18so held will remain with the governmental agency operating19the facility.20 (b) Any law enforcement official, animal control or 21 humane agency, approved humane investigator, or veterinarian 22 acting in good faith is immune from any civil or criminal 23 liability resulting from his or her actions under this 24 Section. The good faith on the part of the law enforcement 25 official, approved humane investigator, animal control or 26 humane agency, or veterinarian is presumed. 27 (Source: P.A. 87-157.) 28 (510 ILCS 70/12) (from Ch. 8, par. 712) 29 Sec. 12. Impounding animals; notice of impoundment. 30 (a) When an approved humane investigator, a Department 31 investigator or a veterinarian finds that a violation of this 32 Act has rendered an animal in such a condition that no remedy 33 or corrective action by the owner is possibleor the violator-16- LRB9208026ARsbam03 1fails or refuses to take corrective action necessary for2compliance pursuant to Section 11 of this Act, the Department 3 mustmayimpound or order the impoundment of the animal. If 4 the violator fails or refuses to take corrective action 5 necessary for compliance with Section 11 of this Act, the 6 Department may impound the animal. If the animal is ordered 7 impounded, it shall be impounded in a facility or at another 8 location wherewhich will providethe elements of good care 9 as set forth in Section 3 of this Act can be provided, and 10 where such animals shall be examined and treated by a 11 licensed veterinarian or, if the animal is severely injured, 12 diseased, or suffering, humanely euthanized. Any expense 13 incurred in the impoundment shall become a lien on the 14 animals. 15 (b) Emergency impoundment may be exercised in a 16 life-threatening situation and the subject animals shall be 17 conveyed directly to a licensed veterinarian for medical 18 services necessary to sustain life or to be humanely 19 euthanized as determined by the veterinarian. If such 20 emergency procedure is taken by an animal control officer, 21 the Department shall be notified. 22 (c)(b)A notice of impoundment shall be given by the 23 investigator to the violator, if known, in person or sent by 24 certified or registered mail. If the investigator is not 25 able to serve the violator in person or by registered or 26 certified mail, the notice may be given by publication in a 27 newspaper of general circulation in the county in which the 28 violator's last known address is located. A copy of the 29 notice shall be retained by the investigator and a copy 30 forwarded immediately to the Department. The notice of 31 impoundment shall include the following: 32 (1) A number assigned by the Department which will 33 also be given to the impounding facility accepting the 34 responsibility of the animal or animals. -17- LRB9208026ARsbam03 1 (2) Listing of deficiencies noted. 2 (3) An accurate description of the animal or 3 animals involved. 4 (4) Date on which the animal or animals were 5 impounded. 6 (5) Signature of the investigator. 7 (6) A statement that: "The violator may request a 8 hearing to appeal the impoundment. A person desiring a 9 hearing shall contact the Department of Agriculture 10 within 7 days from the date of impoundment" and the 11 Department mustwillhold an administrative hearing 12 within 7 business days after receiving a request to 13 appeal the impoundment. If the hearing cannot be held 14 prior to the expiration of the 7-day impoundment period, 15 the Department shall notify the impounding facility that 16 it cannot sell, offer for adoption, or dispose of the 17 animal or animals until a final decision is rendered and 18 all of the appeal processes have expired. 19 If a hearing is requested by any owner of impounded 20 animals, the Hearing Officer shall,have the authorityafter 21 hearing the testimony of all interestedaffectedparties,to22 render a decision within 5 business days regardingas tothe 23 disposition of the impounded animals. This decision by the 24 Hearing Officer shall have no effect on the criminal charges 25 that may be filed with the appropriate authorities. 26 If an owner of a companion animal or animal used for 27 fighting purposes requests a hearing, the animal control or 28 humane agency having control of the animal or animals may 29 file a petition with the court in the county where the 30 impoundment took place requesting that the person from whom 31 the animal or animals were seized or the owner of the animal 32 or animals be ordered to post security pursuant to 33 subsections (a) and (b) of Section 3.05 of this Act. 34 If the court orders the posting of security, the security -18- LRB9208026ARsbam03 1 must be posted with the clerk of the court within 5 business 2 days after the hearing. If the person ordered to post 3 security does not do so, the court must order the Department 4 of Agriculture to hold a hearing on the impoundment within 5 5 business days. If the Department determines that it is not 6 in the best interest of the animal or animals to be returned 7 to the person from whom it was seized, the animal or animals 8 are forfeited to the animal control or humane agency having 9 control of the animal or animals. If no petition for the 10 posting of security is filed or a petition was filed and 11 granted but the person failed to post security, any expense 12 incurred in the impoundment shall remain outstanding until 13 satisfied by the owner or the person from whom the animal or 14 animals were impounded. 15Any expense incurred in such impoundment becomes a lien16on the animal impounded and must be discharged before the17animal is released from the facility.When the impoundment is 18 not appealed, the animal or animals are forfeited and the 19 animal control or humane agency in charge of the animal or 20 animals may lawfully and without liability provide for 21 adoption of the animal or animals by a person other than the 22 person who forfeited the animal or animals, or any person or 23 persons dwelling in the same household as the person who 24 forfeited the animals or animals, or it may humanely 25 euthanize the animal or animals.the animal is not claimed by26its owner and all impoundment costs satisfied within 7 days,27it may be sold at public or private sale for fair28consideration to a person capable of providing care29consistent with this Act, with the proceeds of that sale30applied first to discharge the lien and any balance to be31paid over to the owner. If no purchaser is found, the animal32may be offered for adoption or disposed of in a manner not33inconsistent with this or any other Act.34 (Source: P.A. 88-600, eff. 9-1-94.) -19- LRB9208026ARsbam03 1 (510 ILCS 70/16) (from Ch. 8, par. 716) 2 Sec. 16. Violations; punishment; injunctions. 3 (a) Any person convicted of violating subsection (l) of 4 Section 4.01 or Sections 5, 5.01, or 6 of this Act or any 5 rule, regulation, or order of the Department pursuant 6 thereto, is guilty of a Class ACmisdemeanor. A second or 7 subsequent violation of Section 5, 5.01, or 6 is a Class 4 8 felony. 9 (b)(1) This subsection (b) does not apply where the 10 only animals involved in the violation are dogs. 11 (2) Any person convicted of violating subsection 12 (a), (b), (c) or (h) of Section 4.01 of this Act or any 13 rule, regulation, or order of the Department pursuant 14 thereto, is guilty of a Class A misdemeanor. 15 (3) A second or subsequent offense involving the 16 violation of subsection (a), (b) or (c) of Section 4.01 17 of this Act or any rule, regulation, or order of the 18 Department pursuant thereto is a Class 4 felony. 19 (4) Any person convicted of violating subsection 20 (d), (e) or (f) of Section 4.01 of this Act or any rule, 21 regulation, or order of the Department pursuant thereto, 22 is guilty of a Class ABmisdemeanor. A second or 23 subsequent violation is a Class 4 felony. 24 (5) Any person convicted of violating subsection 25 (g) of Section 4.01 of this Act or any rule, regulation, 26 or order of the Department pursuant thereto is guilty of 27 a Class C misdemeanor. 28 (c)(1) This subsection (c) applies exclusively 29 where the only animals involved in the violation are 30 dogs. 31 (2) Any person convicted of violating subsection 32 (a), (b) or (c) of Section 4.01 of this Act or any rule, 33 regulation or order of the Department pursuant thereto is 34 guilty of a Class 4 felony and may be fined an amount not -20- LRB9208026ARsbam03 1 to exceed $50,000. 2 (3) Any person convicted of violating subsection 3 (d), (e) or (f) of Section 4.01 of this Act or any rule, 4 regulation or order of the Department pursuant thereto is 5 guilty of Class A misdemeanor, if such person knew or6should have known that the device or equipment under7subsection (d) or (e) of that Section or the site,8structure or facility under subsection (f) of that9Section was to be used to carry out a violation where the10only animals involved were dogs. Where such person did11not know or should not reasonably have been expected to12know that the only animals involved in the violation were13dogs, the penalty shall be same as that provided for in14paragraph (4) of subsection (b). 15 (4) Any person convicted of violating subsection 16 (g) of Section 4.01 of this Act or any rule, regulation 17 or order of the Department pursuant thereto is guilty of 18 a Class C misdemeanor. 19 (5) A second or subsequent violation of subsection 20 (a), (b) or (c) of Section 4.01 of this Act or any rule, 21 regulation or order of the Department pursuant thereto is 22 a Class 3 felony. A second or subsequent violation of 23 subsection (d), (e) or (f) of Section 4.01 of this Act or 24 any rule, regulation or order of the Department adopted 25 pursuant thereto is a Class 3 felony, if in each 26 violation the person knew or should have known that the 27 device or equipment under subsection (d) or (e) of that 28 Section or the site, structure or facility under 29 subsection (f) of that Section was to be used to carry 30 out a violation where the only animals involved were 31 dogs. Where such person did not know or should not 32 reasonably have been expected to know that the only 33 animals involved in the violation were dogs, a second or 34 subsequent violation of subsection (d), (e) or (f) of -21- LRB9208026ARsbam03 1 Section 4.01 of this Act or any rule, regulation or order 2 of the Department adopted pursuant thereto is a Class A 3 misdemeanor. A second or subsequent violation of 4 subsection (g) is a Class B misdemeanor. 5 (6) Any person convicted of violating Section 3.01 6 of this Act is guilty of a Class ACmisdemeanor. A 7 second or subsequent conviction for a violation of 8 Section 3.01 is a Class 4 felonyB misdemeanor. A third9or subsequent conviction for a violation of Section 3.0110is a Class A misdemeanor. 11 (7) Any person convicted of violating Section 4.03 12 is guilty of a Class ABmisdemeanor. A second or 13 subsequent violation is a Class 4 felony. 14 (8) Any person convicted of violating Section 4.04 15 is guilty of a Class A misdemeanor where the animal is 16 not killed or totally disabled, but if the animal is 17 killed or totally disabled such person shall be guilty of 18 a Class 4 felony. 19 (8.5) A person convicted of violating subsection 20 (a) of Section 7.15 is guilty of a Class ABmisdemeanor. 21 A person convicted of violating subsection (b) or (c) of 22 Section 7.15 is (i) guilty of a Class A misdemeanor if 23 the dog is not killed or totally disabled and (ii) if the 24 dog is killed or totally disabled, guilty of a Class 4 25 felony and may be ordered by the court to make 26 restitution to the disabled person having custody or 27 ownership of the dog for veterinary bills and replacement 28 costs of the dog. A second or subsequent violation is a 29 Class 4 felony. 30 (9) Any person convicted of any other act of abuse 31 or neglect or of violating any other provision of this 32 Act, or any rule, regulation, or order of the Department 33 pursuant thereto, is guilty of a Class BCmisdemeanor. 34 A second or subsequent violation is a Class 4 felony with -22- LRB9208026ARsbam03 1 every day that a violation continues constituting a 2 separate offense. 3 (d) Any person convicted of violating Section 7.1 is 4 guilty of a Class C misdemeanorpetty offense. A second or 5 subsequent conviction for a violation of Section 7.1 is a 6 Class BCmisdemeanor. 7 (e) Any person convicted of violating Section 3.02 is 8 guilty of a Class 4 felonyA misdemeanor. A second or 9 subsequent violation is a Class 34felony. 10 (f) The Department may enjoin a person from a continuing 11 violation of this Act. 12 (g) Any person convicted of violating Section 3.03 is 13 guilty of a Class 34felony.A second or subsequent offense14is a Class 3 felony.As a condition of the sentence imposed 15 under this Section, the court shall order the offender to 16 undergo a psychological or psychiatric evaluation and to 17 undergo treatment that the court determines to be appropriate 18 after due consideration of the evaluation. 19 (h) In addition to any other penalty provided by law, 20 upon a conviction for violating Sections 3, 3.01, 3.02, or 21 3.03 the court may order the convicted person to undergo a 22 psychological or psychiatric evaluation and to undergo any 23 treatment at the convicted person's expense that the court 24 determines to be appropriate after due consideration of the 25 evaluation. If the convicted person is a juvenile or a 26 companion animal hoarder, the court must order the convicted 27 person to undergo a psychological or psychiatric evaluation 28 and to undergo treatment that the court determines to be 29 appropriate after due consideration of the evaluation. 30 (i) In addition to any other penalty provided by law, 31 upon conviction for violating Sections 3, 3.01, 3.02, or 3.03 32 the court may order the convicted person to forfeit to an 33 animal control or humane agency the animal or animals that 34 are the basis of the conviction. Upon an order of -23- LRB9208026ARsbam03 1 forfeiture, the convicted person is deemed to have 2 permanently relinquished all rights to the animal or animals 3 that are the basis of the conviction. The forfeited animal 4 or animals shall be adopted or humanely euthanized. In no 5 event may the convicted person or anyone residing in his or 6 her household be permitted to adopt the forfeited animal or 7 animals. The court, additionally, may order that the 8 convicted person and persons dwelling in the same household 9 as the convicted person who conspired, aided, or abetted in 10 the unlawful act that was the basis of the conviction, or who 11 knew or should have known of the unlawful act, may not own, 12 harbor, or have custody or control of any other animals for a 13 period of time that the court deems reasonable. 14 (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; 15 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff. 16 7-29-99; revised 8-30-99.) 17 (510 ILCS 70/16.1 new) 18 Sec. 16.1. Defenses. 19 (a) It is not a defense to violations of this Act for 20 the person committing the violation to assert that he or she 21 had rights of ownership in the animal that was the victim of 22 the violation. 23 (b) Trespass is not a defense to a prosecution under 24 this Act. 25 (510 ILCS 70/16.2 new) 26 Sec. 16.2. Corporations. Corporations may be charged 27 with violations of this Act for the acts of their employees 28 or agents who violate this Act in the course of their 29 employment or agency. 30 (510 ILCS 70/16.3 new) 31 Sec. 16.3. Civil actions. Any person who has a right of -24- LRB9208026ARsbam03 1 ownership in an animal that is subjected to an act of 2 aggravated cruelty or torture in violation of this Act or in 3 an animal that is injured or killed as a result of actions 4 taken by a person who acts in bad faith under subsection (b) 5 of Section 3.06 of this Act may bring a civil action to 6 recover the damages sustained by that owner. Damages may 7 include, but are not limited to, the monetary value of the 8 animal, veterinary expenses incurred on behalf of the animal, 9 any other expenses incurred by the owner in rectifying the 10 effects of the cruelty, pain, and suffering of the animal, 11 and emotional distress suffered by the owner. In addition to 12 damages that may be proven, the owner is also entitled to 13 punitive or exemplary damages of not less than $500 but not 14 more than $25,000 for each act of abuse or neglect to which 15 the animal was subjected. In addition, the court must award 16 reasonable attorney's fees and costs actually incurred by the 17 owner in the prosecution of any action under this Section. 18 The remedies provided in this Section are in addition to 19 any other remedies allowed by law. 20 In an action under this Section, the court may enter any 21 injunctive orders reasonably necessary to protect animals 22 from any further acts of abuse, neglect, or harassment by a 23 defendant. Trespass is not a defense to any action under 24 this Section. 25 The statute of limitations for cruelty to animals is 2 26 years. 27 (510 ILCS 70/16.4 new) 28 Sec. 16.4. Illinois Animal Abuse Fund. The Illinois 29 Animal Abuse Fund is created as a special fund in the State 30 treasury. Moneys in the Fund may be used, subject to 31 appropriation, by the Department of Agriculture to 32 investigate animal abuse and neglect under this Act. -25- LRB9208026ARsbam03 1 Section 10. The Clerks of Courts Act is amended by 2 changing Sections 27.5 and 27.6 as follows: 3 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) 4 Sec. 27.5. (a) All fees, fines, costs, additional 5 penalties, bail balances assessed or forfeited, and any other 6 amount paid by a person to the circuit clerk that equals an 7 amount less than $55, except restitution under Section 5-5-6 8 of the Unified Code of Corrections, reimbursement for the 9 costs of an emergency response as provided under Section 10 5-5-3 of the Unified Code of Corrections, any fees collected 11 for attending a traffic safety program under paragraph (c) of 12 Supreme Court Rule 529, any fee collected on behalf of a 13 State's Attorney under Section 4-2002 of the Counties Code or 14 a sheriff under Section 4-5001 of the Counties Code, or any 15 cost imposed under Section 124A-5 of the Code of Criminal 16 Procedure of 1963, for convictions, orders of supervision, or 17 any other disposition for a violation of Chapters 3, 4, 6, 18 11, and 12 of the Illinois Vehicle Code, or a similar 19 provision of a local ordinance, and any violation of the 20 Child Passenger Protection Act, or a similar provision of a 21 local ordinance, and except as provided in subsection (b) 22 shall be disbursed within 60 days after receipt by the 23 circuit clerk as follows: 47% shall be disbursed to the 24 entity authorized by law to receive the fine imposed in the 25 case; 12% shall be disbursed to the State Treasurer; and 41% 26 shall be disbursed to the county's general corporate fund. Of 27 the 12% disbursed to the State Treasurer, 1/6 shall be 28 deposited by the State Treasurer into the Violent Crime 29 Victims Assistance Fund, 1/2 shall be deposited into the 30 Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall 31 be deposited into the Drivers Education Fund. For fiscal 32 years 1992 and 1993, amounts deposited into the Violent Crime 33 Victims Assistance Fund, the Traffic and Criminal Conviction -26- LRB9208026ARsbam03 1 Surcharge Fund, or the Drivers Education Fund shall not 2 exceed 110% of the amounts deposited into those funds in 3 fiscal year 1991. Any amount that exceeds the 110% limit 4 shall be distributed as follows: 50% shall be disbursed to 5 the county's general corporate fund and 50% shall be 6 disbursed to the entity authorized by law to receive the fine 7 imposed in the case. Not later than March 1 of each year the 8 circuit clerk shall submit a report of the amount of funds 9 remitted to the State Treasurer under this Section during the 10 preceding year based upon independent verification of fines 11 and fees. All counties shall be subject to this Section, 12 except that counties with a population under 2,000,000 may, 13 by ordinance, elect not to be subject to this Section. For 14 offenses subject to this Section, judges shall impose one 15 total sum of money payable for violations. The circuit clerk 16 may add on no additional amounts except for amounts that are 17 required by Sections 27.3a and 27.3c of this Act, unless 18 those amounts are specifically waived by the judge. With 19 respect to money collected by the circuit clerk as a result 20 of forfeiture of bail, ex parte judgment or guilty plea 21 pursuant to Supreme Court Rule 529, the circuit clerk shall 22 first deduct and pay amounts required by Sections 27.3a and 23 27.3c of this Act. This Section is a denial and limitation of 24 home rule powers and functions under subsection (h) of 25 Section 6 of Article VII of the Illinois Constitution. 26 (b) The following amounts must be remitted to the State 27 Treasurer for deposit into the Illinois Animal Abuse Fund: 28 (1) 50% of amounts collected for Class 4 felonies 29 under subsection (a), paragraph (4) of subsection (b), 30 and paragraphs (6), (7), (8.5), and (9) of subsection (c) 31 of Section 16 of the Humane Care for Animals Act and 32 Class 3 felonies under paragraph (5) of subsection (c) of 33 Section 16 of that Act. 34 (2) 20% of amounts collected for Class A -27- LRB9208026ARsbam03 1 misdemeanors under subsection (a), paragraph (4) of 2 subsection (b), and paragraphs (6) and (7) of subsection 3 (c) of Section 16 of the Humane Care for Animals Act and 4 Class B misdemeanors under paragraph (9) of subsection 5 (c) of Section 16 of that Act. 6 (3) 20% of amounts collected for Class B 7 misdemeanors under subsection (d) of Section 16 of the 8 Humane Care for Animals Act. 9 (4) 50% of amounts collected for Class C 10 misdemeanors under subsection (d) of Section 16 of the 11 Humane Care for Animals Act. 12 (Source: P.A. 89-234, eff. 1-1-96.) 13 (705 ILCS 105/27.6) 14 Sec. 27.6. (a) All fees, fines, costs, additional 15 penalties, bail balances assessed or forfeited, and any other 16 amount paid by a person to the circuit clerk equalling an 17 amount of $55 or more, except the additional fee required by 18 subsections (b) and (c), restitution under Section 5-5-6 of 19 the Unified Code of Corrections, reimbursement for the costs 20 of an emergency response as provided under Section 5-5-3 of 21 the Unified Code of Corrections, any fees collected for 22 attending a traffic safety program under paragraph (c) of 23 Supreme Court Rule 529, any fee collected on behalf of a 24 State's Attorney under Section 4-2002 of the Counties Code or 25 a sheriff under Section 4-5001 of the Counties Code, or any 26 cost imposed under Section 124A-5 of the Code of Criminal 27 Procedure of 1963, for convictions, orders of supervision, or 28 any other disposition for a violation of Chapters 3, 4, 6, 29 11, and 12 of the Illinois Vehicle Code, or a similar 30 provision of a local ordinance, and any violation of the 31 Child Passenger Protection Act, or a similar provision of a 32 local ordinance, and except as provided in subsection (d) 33 shall be disbursed within 60 days after receipt by the -28- LRB9208026ARsbam03 1 circuit clerk as follows: 44.5% shall be disbursed to the 2 entity authorized by law to receive the fine imposed in the 3 case; 16.825% shall be disbursed to the State Treasurer; and 4 38.675% shall be disbursed to the county's general corporate 5 fund. Of the 16.825% disbursed to the State Treasurer, 2/17 6 shall be deposited by the State Treasurer into the Violent 7 Crime Victims Assistance Fund, 5.052/17 shall be deposited 8 into the Traffic and Criminal Conviction Surcharge Fund, 3/17 9 shall be deposited into the Drivers Education Fund, and 10 6.948/17 shall be deposited into the Trauma Center Fund. Of 11 the 6.948/17 deposited into the Trauma Center Fund from the 12 16.825% disbursed to the State Treasurer, 50% shall be 13 disbursed to the Department of Public Health and 50% shall be 14 disbursed to the Department of Public Aid. For fiscal year 15 1993, amounts deposited into the Violent Crime Victims 16 Assistance Fund, the Traffic and Criminal Conviction 17 Surcharge Fund, or the Drivers Education Fund shall not 18 exceed 110% of the amounts deposited into those funds in 19 fiscal year 1991. Any amount that exceeds the 110% limit 20 shall be distributed as follows: 50% shall be disbursed to 21 the county's general corporate fund and 50% shall be 22 disbursed to the entity authorized by law to receive the fine 23 imposed in the case. Not later than March 1 of each year the 24 circuit clerk shall submit a report of the amount of funds 25 remitted to the State Treasurer under this Section during the 26 preceding year based upon independent verification of fines 27 and fees. All counties shall be subject to this Section, 28 except that counties with a population under 2,000,000 may, 29 by ordinance, elect not to be subject to this Section. For 30 offenses subject to this Section, judges shall impose one 31 total sum of money payable for violations. The circuit clerk 32 may add on no additional amounts except for amounts that are 33 required by Sections 27.3a and 27.3c of this Act, unless 34 those amounts are specifically waived by the judge. With -29- LRB9208026ARsbam03 1 respect to money collected by the circuit clerk as a result 2 of forfeiture of bail, ex parte judgment or guilty plea 3 pursuant to Supreme Court Rule 529, the circuit clerk shall 4 first deduct and pay amounts required by Sections 27.3a and 5 27.3c of this Act. This Section is a denial and limitation of 6 home rule powers and functions under subsection (h) of 7 Section 6 of Article VII of the Illinois Constitution. 8 (b) In addition to any other fines and court costs 9 assessed by the courts, any person convicted or receiving an 10 order of supervision for driving under the influence of 11 alcohol or drugs shall pay an additional fee of $25 to the 12 clerk of the circuit court. This amount, less 2 1/2% that 13 shall be used to defray administrative costs incurred by the 14 clerk, shall be remitted by the clerk to the Treasurer within 15 60 days after receipt for deposit into the Trauma Center 16 Fund. This additional fee of $25 shall not be considered a 17 part of the fine for purposes of any reduction in the fine 18 for time served either before or after sentencing. Not later 19 than March 1 of each year the Circuit Clerk shall submit a 20 report of the amount of funds remitted to the State Treasurer 21 under this subsection during the preceding calendar year. 22 (c) In addition to any other fines and court costs 23 assessed by the courts, any person convicted for a violation 24 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 25 1961 or a person sentenced for a violation of the Cannabis 26 Control Act or the Controlled Substance Act shall pay an 27 additional fee of $100 to the clerk of the circuit court. 28 This amount, less 2 1/2% that shall be used to defray 29 administrative costs incurred by the clerk, shall be remitted 30 by the clerk to the Treasurer within 60 days after receipt 31 for deposit into the Trauma Center Fund. This additional fee 32 of $100 shall not be considered a part of the fine for 33 purposes of any reduction in the fine for time served either 34 before or after sentencing. Not later than March 1 of each -30- LRB9208026ARsbam03 1 year the Circuit Clerk shall submit a report of the amount of 2 funds remitted to the State Treasurer under this subsection 3 during the preceding calendar year. 4 (d) The following amounts must be remitted to the State 5 Treasurer for deposit into the Illinois Animal Abuse Fund: 6 (1) 50% of amounts collected for Class 4 felonies 7 under subsection (a), paragraph (4) of subsection (b), 8 and paragraphs (6), (7), (8.5), and (9) of subsection (c) 9 of Section 16 of the Humane Care for Animals Act and 10 Class 3 felonies under paragraph (5) of subsection (c) of 11 Section 16 of that Act. 12 (2) 20% of amounts collected for Class A 13 misdemeanors under subsection (a), paragraph (4) of 14 subsection (b), and paragraphs (6) and (7) of subsection 15 (c) of Section (16) of the Humane Care for Animals Act 16 and Class B misdemeanors under paragraph (9) of 17 subsection (c) of Section 16 of that Act. 18 (3) 20% of amounts collected for Class B 19 misdemeanors under subsection (d) of Section 16 of the 20 Humane Care for Animals Act. 21 (4) 50% of amounts collected for Class C 22 misdemeanors under subsection (d) of Section 16 of the 23 Humane Care for Animals Act. 24 (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 25 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.) 26 Section 15. The Juvenile Court Act of 1987 is amended by 27 changing Sections 5-615, 5-710, and 5-715 as follows: 28 (705 ILCS 405/5-615) 29 Sec. 5-615. Continuance under supervision. 30 (1) The court may enter an order of continuance under 31 supervision for an offense other than first degree murder, a 32 Class X felony or a forcible felony (a) upon an admission or -31- LRB9208026ARsbam03 1 stipulation by the appropriate respondent or minor respondent 2 of the facts supporting the petition and before proceeding to 3 adjudication, or after hearing the evidence at the trial, and 4 (b) in the absence of objection made in open court by the 5 minor, his or her parent, guardian, or legal custodian, the 6 minor's attorney or the State's Attorney. 7 (2) If the minor, his or her parent, guardian, or legal 8 custodian, the minor's attorney or State's Attorney objects 9 in open court to any continuance and insists upon proceeding 10 to findings and adjudication, the court shall so proceed. 11 (3) Nothing in this Section limits the power of the 12 court to order a continuance of the hearing for the 13 production of additional evidence or for any other proper 14 reason. 15 (4) When a hearing where a minor is alleged to be a 16 delinquent is continued pursuant to this Section, the period 17 of continuance under supervision may not exceed 24 months. 18 The court may terminate a continuance under supervision at 19 any time if warranted by the conduct of the minor and the 20 ends of justice. 21 (5) When a hearing where a minor is alleged to be 22 delinquent is continued pursuant to this Section, the court 23 may, as conditions of the continuance under supervision, 24 require the minor to do any of the following: 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 psychotherapeutic treatment 32 rendered by a therapist licensed under the provisions of 33 the Medical Practice Act of 1987, the Clinical 34 Psychologist Licensing Act, or the Clinical Social Work -32- LRB9208026ARsbam03 1 and Social Work Practice Act, or an entity licensed by 2 the Department of Human Services as a successor to the 3 Department of Alcoholism and Substance Abuse, for the 4 provision of drug addiction and alcoholism treatment; 5 (e) attend or reside in a facility established for 6 the instruction or residence of persons on probation; 7 (f) support his or her dependents, if any; 8 (g) pay costs; 9 (h) refrain from possessing a firearm or other 10 dangerous weapon, or an automobile; 11 (i) permit the probation officer to visit him or 12 her at his or her home or elsewhere; 13 (j) reside with his or her parents or in a foster 14 home; 15 (k) attend school; 16 (l) attend a non-residential program for youth; 17 (m) contribute to his or her own support at home or 18 in a foster home; 19 (n) perform some reasonable public or community 20 service; 21 (o) make restitution to the victim, in the same 22 manner and under the same conditions as provided in 23 subsection (4) of Section 5-710, except that the 24 "sentencing hearing" referred to in that Section shall be 25 the adjudicatory hearing for purposes of this Section; 26 (p) comply with curfew requirements as designated 27 by the court; 28 (q) refrain from entering into a designated 29 geographic area except upon terms as the court finds 30 appropriate. The terms may include consideration of the 31 purpose of the entry, the time of day, other persons 32 accompanying the minor, and advance approval by a 33 probation officer; 34 (r) refrain from having any contact, directly or -33- LRB9208026ARsbam03 1 indirectly, with certain specified persons or particular 2 types of persons, including but not limited to members of 3 street gangs and drug users or dealers; 4 (r-5) undergo a medical or other procedure to have 5 a tattoo symbolizing allegiance to a street gang removed 6 from his or her body; 7 (s) refrain from having in his or her body the 8 presence of any illicit drug prohibited by the Cannabis 9 Control Act or the Illinois Controlled Substances Act, 10 unless prescribed by a physician, and submit samples of 11 his or her blood or urine or both for tests to determine 12 the presence of any illicit drug; or 13 (t) comply with any other conditions as may be 14 ordered by the court. 15 (6) A minor whose case is continued under supervision 16 under subsection (5) shall be given a certificate setting 17 forth the conditions imposed by the court. Those conditions 18 may be reduced, enlarged, or modified by the court on motion 19 of the probation officer or on its own motion, or that of the 20 State's Attorney, or, at the request of the minor after 21 notice and hearing. 22 (7) If a petition is filed charging a violation of a 23 condition of the continuance under supervision, the court 24 shall conduct a hearing. If the court finds that a condition 25 of supervision has not been fulfilled, the court may proceed 26 to findings and adjudication and disposition. The filing of 27 a petition for violation of a condition of the continuance 28 under supervision shall toll the period of continuance under 29 supervision until the final determination of the charge, and 30 the term of the continuance under supervision shall not run 31 until the hearing and disposition of the petition for 32 violation; provided where the petition alleges conduct that 33 does not constitute a criminal offense, the hearing must be 34 held within 30 days of the filing of the petition unless a -34- LRB9208026ARsbam03 1 delay shall continue the tolling of the period of continuance 2 under supervision for the period of the delay. 3 (8) When a hearing in which a minor is alleged to be a 4 delinquent for reasons that include a violation of Section 5 21-1.3 of the Criminal Code of 1961 is continued under this 6 Section, the court shall, as a condition of the continuance 7 under supervision, require the minor to perform community 8 service for not less than 30 and not more than 120 hours, if 9 community service is available in the jurisdiction. The 10 community service shall include, but need not be limited to, 11 the cleanup and repair of the damage that was caused by the 12 alleged violation or similar damage to property located in 13 the municipality or county in which the alleged violation 14 occurred. The condition may be in addition to any other 15 condition. 16 (8.5) When a hearing in which a minor is alleged to be a 17 delinquent for reasons that include a violation of Section 18 3.02 or Section 3.03 of the Humane Care for Animals Act or 19 paragraph (d) of subsection (1) of Section 21-1 of the 20 Criminal Code of 1961 is continued under this Section, the 21 court shall, as a condition of the continuance under 22 supervision, require the minor to undergo medical or 23 psychiatric treatment rendered by a psychiatrist or 24 psychological treatment rendered by a clinical psychologist. 25 The condition may be in addition to any other condition. 26 (9) When a hearing in which a minor is alleged to be a 27 delinquent is continued under this Section, the court, before 28 continuing the case, shall make a finding whether the offense 29 alleged to have been committed either: (i) was related to or 30 in furtherance of the activities of an organized gang or was 31 motivated by the minor's membership in or allegiance to an 32 organized gang, or (ii) is a violation of paragraph (13) of 33 subsection (a) of Section 12-2 of the Criminal Code of 1961, 34 a violation of any Section of Article 24 of the Criminal Code -35- LRB9208026ARsbam03 1 of 1961, or a violation of any statute that involved the 2 unlawful use of a firearm. If the court determines the 3 question in the affirmative the court shall, as a condition 4 of the continuance under supervision and as part of or in 5 addition to any other condition of the supervision, require 6 the minor to perform community service for not less than 30 7 hours, provided that community service is available in the 8 jurisdiction and is funded and approved by the county board 9 of the county where the offense was committed. The community 10 service shall include, but need not be limited to, the 11 cleanup and repair of any damage caused by an alleged 12 violation of Section 21-1.3 of the Criminal Code of 1961 and 13 similar damage to property located in the municipality or 14 county in which the alleged violation occurred. When 15 possible and reasonable, the community service shall be 16 performed in the minor's neighborhood. For the purposes of 17 this Section, "organized gang" has the meaning ascribed to it 18 in Section 10 of the Illinois Streetgang Terrorism Omnibus 19 Prevention Act. 20 (10) The court shall impose upon a minor placed on 21 supervision, as a condition of the supervision, a fee of $25 22 for each month of supervision ordered by the court, unless 23 after determining the inability of the minor placed on 24 supervision to pay the fee, the court assesses a lesser 25 amount. The court may not impose the fee on a minor who is 26 made a ward of the State under this Act while the minor is in 27 placement. The fee shall be imposed only upon a minor who is 28 actively supervised by the probation and court services 29 department. A court may order the parent, guardian, or legal 30 custodian of the minor to pay some or all of the fee on the 31 minor's behalf. 32 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00; 33 91-332, eff. 7-29-99; revised 10-7-99.) -36- LRB9208026ARsbam03 1 (705 ILCS 405/5-710) 2 Sec. 5-710. Kinds of sentencing orders. 3 (1) The following kinds of sentencing orders may be made 4 in respect of wards of the court: 5 (a) Except as provided in Sections 5-805, 5-810, 6 5-815, a minor who is found guilty under Section 5-620 7 may be: 8 (i) put on probation or conditional discharge 9 and released to his or her parents, guardian or 10 legal custodian, provided, however, that any such 11 minor who is not committed to the Department of 12 Corrections, Juvenile Division under this subsection 13 and who is found to be a delinquent for an offense 14 which is first degree murder, a Class X felony, or a 15 forcible felony shall be placed on probation; 16 (ii) placed in accordance with Section 5-740, 17 with or without also being put on probation or 18 conditional discharge; 19 (iii) required to undergo a substance abuse 20 assessment conducted by a licensed provider and 21 participate in the indicated clinical level of care; 22 (iv) placed in the guardianship of the 23 Department of Children and Family Services, but only 24 if the delinquent minor is under 13 years of age; 25 (v) placed in detention for a period not to 26 exceed 30 days, either as the exclusive order of 27 disposition or, where appropriate, in conjunction 28 with any other order of disposition issued under 29 this paragraph, provided that any such detention 30 shall be in a juvenile detention home and the minor 31 so detained shall be 10 years of age or older. 32 However, the 30-day limitation may be extended by 33 further order of the court for a minor under age 13 34 committed to the Department of Children and Family -37- LRB9208026ARsbam03 1 Services if the court finds that the minor is a 2 danger to himself or others. The minor shall be 3 given credit on the sentencing order of detention 4 for time spent in detention under Sections 5-501, 5 5-601, 5-710, or 5-720 of this Article as a result 6 of the offense for which the sentencing order was 7 imposed. The court may grant credit on a sentencing 8 order of detention entered under a violation of 9 probation or violation of conditional discharge 10 under Section 5-720 of this Article for time spent 11 in detention before the filing of the petition 12 alleging the violation. A minor shall not be 13 deprived of credit for time spent in detention 14 before the filing of a violation of probation or 15 conditional discharge alleging the same or related 16 act or acts; 17 (vi) ordered partially or completely 18 emancipated in accordance with the provisions of the 19 Emancipation of Mature Minors Act; 20 (vii) subject to having his or her driver's 21 license or driving privileges suspended for such 22 time as determined by the court but only until he or 23 she attains 18 years of age; 24 (viii) put on probation or conditional 25 discharge and placed in detention under Section 26 3-6039 of the Counties Code for a period not to 27 exceed the period of incarceration permitted by law 28 for adults found guilty of the same offense or 29 offenses for which the minor was adjudicated 30 delinquent, and in any event no longer than upon 31 attainment of age 21; this subdivision (viii) 32 notwithstanding any contrary provision of the law; 33 or 34 (ix) ordered to undergo a medical or other -38- LRB9208026ARsbam03 1 procedure to have a tattoo symbolizing allegiance to 2 a street gang removed from his or her body. 3 (b) A minor found to be guilty may be committed to 4 the Department of Corrections, Juvenile Division, under 5 Section 5-750 if the minor is 13 years of age or older, 6 provided that the commitment to the Department of 7 Corrections, Juvenile Division, shall be made only if a 8 term of incarceration is permitted by law for adults 9 found guilty of the offense for which the minor was 10 adjudicated delinquent. The time during which a minor is 11 in custody before being released upon the request of a 12 parent, guardian or legal custodian shall be considered 13 as time spent in detention. 14 (c) When a minor is found to be guilty for an 15 offense which is a violation of the Illinois Controlled 16 Substances Act or the Cannabis Control Act and made a 17 ward of the court, the court may enter a disposition 18 order requiring the minor to undergo assessment, 19 counseling or treatment in a substance abuse program 20 approved by the Department of Human Services. 21 (2) Any sentencing order other than commitment to the 22 Department of Corrections, Juvenile Division, may provide for 23 protective supervision under Section 5-725 and may include an 24 order of protection under Section 5-730. 25 (3) Unless the sentencing order expressly so provides, 26 it does not operate to close proceedings on the pending 27 petition, but is subject to modification until final closing 28 and discharge of the proceedings under Section 5-750. 29 (4) In addition to any other sentence, the court may 30 order any minor found to be delinquent to make restitution, 31 in monetary or non-monetary form, under the terms and 32 conditions of Section 5-5-6 of the Unified Code of 33 Corrections, except that the "presentencing hearing" referred 34 to in that Section shall be the sentencing hearing for -39- LRB9208026ARsbam03 1 purposes of this Section. The parent, guardian or legal 2 custodian of the minor may be ordered by the court to pay 3 some or all of the restitution on the minor's behalf, 4 pursuant to the Parental Responsibility Law. The State's 5 Attorney is authorized to act on behalf of any victim in 6 seeking restitution in proceedings under this Section, up to 7 the maximum amount allowed in Section 5 of the Parental 8 Responsibility Law. 9 (5) Any sentencing order where the minor is committed or 10 placed in accordance with Section 5-740 shall provide for the 11 parents or guardian of the estate of the minor to pay to the 12 legal custodian or guardian of the person of the minor such 13 sums as are determined by the custodian or guardian of the 14 person of the minor as necessary for the minor's needs. The 15 payments may not exceed the maximum amounts provided for by 16 Section 9.1 of the Children and Family Services Act. 17 (6) Whenever the sentencing order requires the minor to 18 attend school or participate in a program of training, the 19 truant officer or designated school official shall regularly 20 report to the court if the minor is a chronic or habitual 21 truant under Section 26-2a of the School Code. 22 (7) In no event shall a guilty minor be committed to the 23 Department of Corrections, Juvenile Division for a period of 24 time in excess of that period for which an adult could be 25 committed for the same act. 26 (8) A minor found to be guilty for reasons that include 27 a violation of Section 21-1.3 of the Criminal Code of 1961 28 shall be ordered to perform community service for not less 29 than 30 and not more than 120 hours, if community service is 30 available in the jurisdiction. The community service shall 31 include, but need not be limited to, the cleanup and repair 32 of the damage that was caused by the violation or similar 33 damage to property located in the municipality or county in 34 which the violation occurred. The order may be in addition -40- LRB9208026ARsbam03 1 to any other order authorized by this Section. 2 (8.5) A minor found to be guilty for reasons that 3 include a violation of Section 3.02 or Section 3.03 of the 4 Humane Care for Animals Act or paragraph (d) of subsection 5 (1) of Section 21-1 of the Criminal Code of 1961 shall be 6 ordered to undergo medical or psychiatric treatment rendered 7 by a psychiatrist or psychological treatment rendered by a 8 clinical psychologist. The order may be in addition to any 9 other order authorized by this Section. 10 (9) In addition to any other sentencing order, the court 11 shall order any minor found to be guilty for an act which 12 would constitute, predatory criminal sexual assault of a 13 child, aggravated criminal sexual assault, criminal sexual 14 assault, aggravated criminal sexual abuse, or criminal sexual 15 abuse if committed by an adult to undergo medical testing to 16 determine whether the defendant has any sexually 17 transmissible disease including a test for infection with 18 human immunodeficiency virus (HIV) or any other identified 19 causative agency of acquired immunodeficiency syndrome 20 (AIDS). Any medical test shall be performed only by 21 appropriately licensed medical practitioners and may include 22 an analysis of any bodily fluids as well as an examination of 23 the minor's person. Except as otherwise provided by law, the 24 results of the test shall be kept strictly confidential by 25 all medical personnel involved in the testing and must be 26 personally delivered in a sealed envelope to the judge of the 27 court in which the sentencing order was entered for the 28 judge's inspection in camera. Acting in accordance with the 29 best interests of the victim and the public, the judge shall 30 have the discretion to determine to whom the results of the 31 testing may be revealed. The court shall notify the minor of 32 the results of the test for infection with the human 33 immunodeficiency virus (HIV). The court shall also notify 34 the victim if requested by the victim, and if the victim is -41- LRB9208026ARsbam03 1 under the age of 15 and if requested by the victim's parents 2 or legal guardian, the court shall notify the victim's 3 parents or the legal guardian, of the results of the test for 4 infection with the human immunodeficiency virus (HIV). The 5 court shall provide information on the availability of HIV 6 testing and counseling at the Department of Public Health 7 facilities to all parties to whom the results of the testing 8 are revealed. The court shall order that the cost of any 9 test shall be paid by the county and may be taxed as costs 10 against the minor. 11 (10) When a court finds a minor to be guilty the court 12 shall, before entering a sentencing order under this Section, 13 make a finding whether the offense committed either: (a) was 14 related to or in furtherance of the criminal activities of an 15 organized gang or was motivated by the minor's membership in 16 or allegiance to an organized gang, or (b) involved a 17 violation of subsection (a) of Section 12-7.1 of the Criminal 18 Code of 1961, a violation of any Section of Article 24 of the 19 Criminal Code of 1961, or a violation of any statute that 20 involved the wrongful use of a firearm. If the court 21 determines the question in the affirmative, and the court 22 does not commit the minor to the Department of Corrections, 23 Juvenile Division, the court shall order the minor to perform 24 community service for not less than 30 hours nor more than 25 120 hours, provided that community service is available in 26 the jurisdiction and is funded and approved by the county 27 board of the county where the offense was committed. The 28 community service shall include, but need not be limited to, 29 the cleanup and repair of any damage caused by a violation of 30 Section 21-1.3 of the Criminal Code of 1961 and similar 31 damage to property located in the municipality or county in 32 which the violation occurred. When possible and reasonable, 33 the community service shall be performed in the minor's 34 neighborhood. This order shall be in addition to any other -42- LRB9208026ARsbam03 1 order authorized by this Section except for an order to place 2 the minor in the custody of the Department of Corrections, 3 Juvenile Division. For the purposes of this Section, 4 "organized gang" has the meaning ascribed to it in Section 10 5 of the Illinois Streetgang Terrorism Omnibus Prevention Act. 6 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.) 7 (705 ILCS 405/5-715) 8 Sec. 5-715. Probation. 9 (1) The period of probation or conditional discharge 10 shall not exceed 5 years or until the minor has attained the 11 age of 21 years, whichever is less, except as provided in 12 this Section for a minor who is found to be guilty for an 13 offense which is first degree murder, a Class X felony or a 14 forcible felony. The juvenile court may terminate probation 15 or conditional discharge and discharge the minor at any time 16 if warranted by the conduct of the minor and the ends of 17 justice; provided, however, that the period of probation for 18 a minor who is found to be guilty for an offense which is 19 first degree murder, a Class X felony, or a forcible felony 20 shall be at least 5 years. 21 (2) The court may as a condition of probation or of 22 conditional discharge require that the minor: 23 (a) not violate any criminal statute of any 24 jurisdiction; 25 (b) make a report to and appear in person before 26 any person or agency as directed by the court; 27 (c) work or pursue a course of study or vocational 28 training; 29 (d) undergo medical or psychiatric treatment, 30 rendered by a psychiatrist or psychological treatment 31 rendered by a clinical psychologist or social work 32 services rendered by a clinical social worker, or 33 treatment for drug addiction or alcoholism; -43- LRB9208026ARsbam03 1 (e) attend or reside in a facility established for 2 the instruction or residence of persons on probation; 3 (f) support his or her dependents, if any; 4 (g) refrain from possessing a firearm or other 5 dangerous weapon, or an automobile; 6 (h) permit the probation officer to visit him or 7 her at his or her home or elsewhere; 8 (i) reside with his or her parents or in a foster 9 home; 10 (j) attend school; 11 (k) attend a non-residential program for youth; 12 (l) make restitution under the terms of subsection 13 (4) of Section 5-710; 14 (m) contribute to his or her own support at home or 15 in a foster home; 16 (n) perform some reasonable public or community 17 service; 18 (o) participate with community corrections programs 19 including unified delinquency intervention services 20 administered by the Department of Human Services subject 21 to Section 5 of the Children and Family Services Act; 22 (p) pay costs; 23 (q) serve a term of home confinement. In addition 24 to any other applicable condition of probation or 25 conditional discharge, the conditions of home confinement 26 shall be that the minor: 27 (i) remain within the interior premises of the 28 place designated for his or her confinement during 29 the hours designated by the court; 30 (ii) admit any person or agent designated by 31 the court into the minor's place of confinement at 32 any time for purposes of verifying the minor's 33 compliance with the conditions of his or her 34 confinement; and -44- LRB9208026ARsbam03 1 (iii) use an approved electronic monitoring 2 device if ordered by the court subject to Article 8A 3 of Chapter V of the Unified Code of Corrections; 4 (r) refrain from entering into a designated 5 geographic area except upon terms as the court finds 6 appropriate. The terms may include consideration of the 7 purpose of the entry, the time of day, other persons 8 accompanying the minor, and advance approval by a 9 probation officer, if the minor has been placed on 10 probation, or advance approval by the court, if the minor 11 has been placed on conditional discharge; 12 (s) refrain from having any contact, directly or 13 indirectly, with certain specified persons or particular 14 types of persons, including but not limited to members of 15 street gangs and drug users or dealers; 16 (s-5) undergo a medical or other procedure to have 17 a tattoo symbolizing allegiance to a street gang removed 18 from his or her body; 19 (t) refrain from having in his or her body the 20 presence of any illicit drug prohibited by the Cannabis 21 Control Act or the Illinois Controlled Substances Act, 22 unless prescribed by a physician, and shall submit 23 samples of his or her blood or urine or both for tests to 24 determine the presence of any illicit drug; or 25 (u) comply with other conditions as may be ordered 26 by the court. 27 (3) The court may as a condition of probation or of 28 conditional discharge require that a minor found guilty on 29 any alcohol, cannabis, or controlled substance violation, 30 refrain from acquiring a driver's license during the period 31 of probation or conditional discharge. If the minor is in 32 possession of a permit or license, the court may require that 33 the minor refrain from driving or operating any motor vehicle 34 during the period of probation or conditional discharge, -45- LRB9208026ARsbam03 1 except as may be necessary in the course of the minor's 2 lawful employment. 3 (3.5) The court shall, as a condition of probation or of 4 conditional discharge, require that a minor found to be 5 guilty and placed on probation for reasons that include a 6 violation of Section 3.02 or Section 3.03 of the Humane Care 7 for Animals Act or paragraph (d) of subsection (1) of Section 8 21-1 of the Criminal Code of 1961 undergo medical or 9 psychiatric treatment rendered by a psychiatrist or 10 psychological treatment rendered by a clinical psychologist. 11 The condition may be in addition to any other condition. 12 (4) A minor on probation or conditional discharge shall 13 be given a certificate setting forth the conditions upon 14 which he or she is being released. 15 (5) The court shall impose upon a minor placed on 16 probation or conditional discharge, as a condition of the 17 probation or conditional discharge, a fee of $25 for each 18 month of probation or conditional discharge supervision 19 ordered by the court, unless after determining the inability 20 of the minor placed on probation or conditional discharge to 21 pay the fee, the court assesses a lesser amount. The court 22 may not impose the fee on a minor who is made a ward of the 23 State under this Act while the minor is in placement. The 24 fee shall be imposed only upon a minor who is actively 25 supervised by the probation and court services department. 26 The court may order the parent, guardian, or legal custodian 27 of the minor to pay some or all of the fee on the minor's 28 behalf. 29 (6) The General Assembly finds that in order to protect 30 the public, the juvenile justice system must compel 31 compliance with the conditions of probation by responding to 32 violations with swift, certain, and fair punishments and 33 intermediate sanctions. The Chief Judge of each circuit 34 shall adopt a system of structured, intermediate sanctions -46- LRB9208026ARsbam03 1 for violations of the terms and conditions of a sentence of 2 supervision, probation or conditional discharge, under this 3 Act. 4 The court shall provide as a condition of a disposition 5 of probation, conditional discharge, or supervision, that the 6 probation agency may invoke any sanction from the list of 7 intermediate sanctions adopted by the chief judge of the 8 circuit court for violations of the terms and conditions of 9 the sentence of probation, conditional discharge, or 10 supervision, subject to the provisions of Section 5-720 of 11 this Act. 12 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.) 13 Section 20. The Criminal Code of 1961 is amended by 14 changing Section 21-1 as follows: 15 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1) 16 Sec. 21-1. Criminal damage to property. 17 (1) A person commits an illegal act when he: 18 (a) knowingly damages any property of another 19 without his consent; or 20 (b) recklessly by means of fire or explosive 21 damages property of another; or 22 (c) knowingly starts a fire on the land of another 23 without his consent; or 24 (d) knowingly injures a domestic animal of another 25 without his consent; or 26 (e) knowingly deposits on the land or in the 27 building of another, without his consent, any stink bomb 28 or any offensive smelling compound and thereby intends to 29 interfere with the use by another of the land or 30 building; or 31 (f) damages any property, other than as described 32 in subsection (b) of Section 20-1, with intent to defraud -47- LRB9208026ARsbam03 1 an insurer; or 2 (g) knowingly shoots a firearm at any portion of a 3 railroad train. 4 When the charge of criminal damage to property exceeding 5 a specified value is brought, the extent of the damage is an 6 element of the offense to be resolved by the trier of fact as 7 either exceeding or not exceeding the specified value. 8 (2) The acts described in items (a), (b), (c), (e), and 9through(f) are Class A misdemeanors if the damage to 10 property does not exceed $300. The acts described in items 11 (a), (b), (c), (e), andthrough(f) are Class 4 felonies if 12 the damage to property does not exceed $300 if the damage 13 occurs to property of a school or place of worship. The act 14 described in item (d) is a Class 4 felony if the damage to 15 property does not exceed $10,000. The act described in item 16 (g) is a Class 4 felony. The acts described in items (a), 17 (b), (c), (e), andthrough(f) are Class 4 felonies if the 18 damage to property exceeds $300 but does not exceed $10,000. 19 The acts described in items (a) through (f) are Class 3 20 felonies if the damage to property exceeds $300 but does not 21 exceed $10,000 if the damage occurs to property of a school 22 or place of worship. The acts described in items (a) through 23 (f) are Class 3 felonies if the damage to property exceeds 24 $10,000 but does not exceed $100,000. The acts described in 25 items (a) through (f) are Class 2 felonies if the damage to 26 property exceeds $10,000 but does not exceed $100,000 if the 27 damage occurs to property of a school or place of worship. 28 The acts described in items (a) through (f) are Class 2 29 felonies if the damage to property exceeds $100,000. The 30 acts described in items (a) through (f) are Class 1 felonies 31 if the damage to property exceeds $100,000 and the damage 32 occurs to property of a school or place of worship. If the 33 damage to property exceeds $10,000, the court shall impose 34 upon the offender a fine equal to the value of the damages to -48- LRB9208026ARsbam03 1 the property. 2 (3) In addition to any other sentence that may be 3 imposed, a court shall order any person convicted of criminal 4 damage to property to perform community service for not less 5 than 30 and not more than 120 hours, if community service is 6 available in the jurisdiction and is funded and approved by 7 the county board of the county where the offense was 8 committed. In addition, whenever any person is placed on 9 supervision for an alleged offense under this Section, the 10 supervision shall be conditioned upon the performance of the 11 community service. 12 This subsection does not apply when the court imposes a 13 sentence of incarceration. 14 (Source: P.A. 91-360, eff. 7-29-99.) 15 Section 25. The State Finance Act is amended by adding 16 Section 5.545 as follows: 17 (30 ILCS 105/5.545 new) 18 Sec. 5.545. The Illinois Animal Abuse Fund. 19 Section 30. Severability. The provisions of this Act 20 are severable under Section 1.31 of the Statute on Statutes. 21 Section 99. Effective date. This Act takes effect on 22 January 1, 2002.".