92nd General Assembly
Summary of HB2440
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House Sponsors:
O'CONNOR-LYONS,JOSEPH-ZICKUS-MENDOZA-MCAULIFFE AND FRITCHEY.

Senate Sponsors:
RADOGNO-BOWLES

Short description: 
CRIM CD-ANIMAL CARE-DOGFIGHTS                                              

Synopsis of Bill as introduced:
        Amends the Humane Care for Animals Act and the Criminal  Code  of      
   1961.  Removes the penalties and prohibitions from the Humane Care for      
   Animals Act and places them in the Criminal  Code  of  1961.   In  the      
   Criminal  Code provisions provides for enhanced penalties for a person      
   who knowingly  makes  available  any  site,  structure,  or  facility,      
   whether  enclosed  or  not,  that  he  or  she knows or should know is      
   intended to be used for the purpose of conducting a  dogfight  or  for      
   knowingly  manufacturing,  distributing,  or delivering fittings to be      
   used in a dogfight. Provides  for  enhanced  penalties  for  knowingly      
   owning  a dog for fighting purposes or for producing a fight between 2      
   or more dogs or a dog and human or for knowingly offering for sale  or      
   selling  a  dog  bred  for fighting if any of the following factors is      
   present: (i) the dogfight is performed in the  presence  of  a  person      
   under  18 years of age; (ii) the dogfight is performed for the purpose      
   of, or in the presence of illegal  wagering  activity;  or  (iii)  the      
   dogfight is performed in furtherance of streetgang related activity as      
   defined  in  Section  10  of the Illinois Streetgang Terrorism Omnibus      
   Prevention Act.                                                             
          CORRECTIONS NOTE (Department of Corrections)                         
          There are no data to objectively estimate the impact of this         
          legislation, but it is expected to be minimal. Each person           
          sentenced to a Class 4 felony would serve seven months in pri-       
          son at a cost of $11,400, and any Class 3 admission would serve      
          twelve months in prison at a cost of $19,543.  Each admission        
          would require the construction of one additional prison bed at       
          a cost of $43,864.                                                   
        SENATE AMENDMENT NO. 1.                                                
        Further amends the Humane Care  for  Animals  Act.  Restores  the      
   penalties and prohibitions previously deleted from the Humane Care for      
   Animals  Act.  Provides  for  enhanced  penalties  for  a  person  who      
   knowingly  makes  available  any site, structure, or facility, whether      
   enclosed or not, that he or she knows or should know is intended to be      
   used for the  purpose  of  conducting  a  dogfight  or  for  knowingly      
   manufacturing,  distributing,  or  delivering fittings to be used in a      
   dogfight. Provides for enhanced penalties for knowingly owning  a  dog      
   for  fighting purposes or for producing a fight between 2 or more dogs      
   or a dog and human or for knowingly offering for sale or selling a dog      
   bred for fighting if any of the following factors is present: (i)  the      
   dogfight  is  performed  in the presence of a person under 18 years of      
   age; (ii) the dogfight is performed for the  purpose  of,  or  in  the      
   presence  of  illegal  wagering  activity;  or  (iii)  the dogfight is      
   performed in furtherance of streetgang related activity as defined  in      
   Section  10  of  the  Illinois Streetgang Terrorism Omnibus Prevention      
   Act.  Amends the Criminal Code of 1961.  Creates the  offense  of  dog      
   fighting,  which  mirrors the prohibitions and penalties in the Humane      
   Care for Animals Act.  In both the Humane Care for Animals Act and the      
   Criminal Code of 1961, for offenses classified as felonies for a first      
   violation, provides that the defendant is guilty if he  or  she  knows      
   (instead  of  knows  or  should  know)  that  the  animals or property      
   involved are intended to be used for purposes prohibited  by  the  Act      
   and the Code.                                                               
 
Last action on Bill: PUBLIC ACT.............................. 92-0425

   Last action date: AUG-17-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


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