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| Public Act 095-0560 |
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Humane Care for Animals Act is amended by | ||||
changing Sections 3.04, 4.01, and 4.04 and by adding Section 17 | ||||
as follows:
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(510 ILCS 70/3.04)
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Sec. 3.04. Arrests and seizures; penalties.
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(a) Any law enforcement officer making an arrest for an | ||||
offense involving
one or more companion animals under Section | ||||
3.01, 3.02, or 3.03 of this Act
may lawfully take possession of | ||||
some or all of the companion animals in the
possession of the | ||||
person arrested. The officer, after taking possession of the
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companion animals, must file with the court before whom the | ||||
complaint is made
against any person so arrested an affidavit | ||||
stating the name of the person
charged in the complaint, a | ||||
description of the condition of the companion
animal or | ||||
companion animals taken, and the time and place the companion | ||||
animal
or companion animals were taken, together with the name | ||||
of the person from
whom the companion animal or companion | ||||
animals were taken and name of the
person who claims to own the | ||||
companion animal or companion animals if different
from the | ||||
person from whom the companion animal or companion animals were
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seized. He or she must at the same time deliver an inventory of | ||
the companion
animal or companion animals taken to the court of | ||
competent jurisdiction. The
officer must place the companion | ||
animal or companion animals in the custody of
an animal control | ||
or animal shelter and the agency must retain custody of the
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companion animal or companion animals subject to an order of | ||
the court
adjudicating the charges on the merits and before | ||
which the person complained
against is required to appear for | ||
trial. The State's Attorney may, within 14
days after the | ||
seizure, file a "petition for forfeiture prior to trial" before
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the court having criminal jurisdiction over the alleged | ||
charges, asking for
permanent forfeiture of the companion | ||
animals seized. The petition shall be
filed with the court, | ||
with copies served on the impounding agency, the owner,
and | ||
anyone claiming an interest in the animals. In a "petition for | ||
forfeiture
prior to trial", the burden is on the prosecution to | ||
prove by a preponderance
of the evidence that the person | ||
arrested violated Section 3.01, 3.02, 3.03, or
4.01 of this Act | ||
or Section 26-5 of the Criminal Code of 1961.
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(b) An owner whose companion animal or companion animals | ||
are removed by a
law enforcement officer under this Section | ||
must be given written notice of
the circumstances of the | ||
removal and of any legal remedies available to him
or her. The | ||
notice must be posted at the place of seizure, or delivered to
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a person residing at the place of seizure or, if the address of | ||
the owner is
different from the address of the person from whom | ||
the companion animal or
companion animals were seized, | ||
delivered by registered mail to his or her last
known address.
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(c) In addition to any other penalty provided by law, upon | ||
conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | ||
court may order the convicted
person to forfeit to an animal | ||
control or animal shelter
the animal
or animals that are the | ||
basis of the conviction. Upon an order of
forfeiture, the | ||
convicted person is deemed to have permanently
relinquished all | ||
rights to the animal or animals that are the basis of the
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conviction. The forfeited animal or animals shall be adopted or | ||
humanely
euthanized. In no event may the convicted person or | ||
anyone residing in
his or her household be permitted to adopt | ||
the forfeited animal or animals.
The court, additionally, may | ||
order that the convicted person and persons
dwelling in the | ||
same household as the convicted person who conspired, aided, or
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abetted in the
unlawful act that was the basis of the | ||
conviction, or who knew or should
have known of the unlawful | ||
act, may not own, harbor, or have custody or
control of any | ||
other animals for a period of time that the court deems
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reasonable.
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(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
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(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
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Sec. 4.01. Animals in entertainment. This Section does not | ||
apply when
the only animals involved are dogs. (Section 26-5 of | ||
the Criminal Code of
1961, rather than this Section, applies | ||
when the only animals involved are
dogs.)
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(a) No person may own, capture, breed, train, or lease any | ||
animal which he
or she knows or should know is intended for use | ||
in any show, exhibition,
program, or other activity featuring | ||
or otherwise involving a fight between
such animal and any | ||
other animal or human, or the intentional killing of any
animal | ||
for the purpose of sport, wagering, or entertainment.
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(b) No person shall promote, conduct, carry on, advertise, | ||
collect money for
or in any other manner assist or aid in the | ||
presentation for purposes of sport,
wagering, or | ||
entertainment, any show, exhibition, program, or other | ||
activity
involving a fight between 2 or more animals or any | ||
animal and human, or the
intentional killing of any animal.
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(c) No person shall sell or offer for sale, ship, | ||
transport, or otherwise
move, or deliver or receive any animal | ||
which he or she knows or should know
has been captured, bred, | ||
or trained, or will be used, to fight another animal
or human | ||
or be intentionally killed, for the purpose of sport, wagering, | ||
or
entertainment.
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(d) No person shall manufacture for sale, shipment, | ||
transportation
or delivery any device or equipment which that | ||
person knows or should know
is intended for use in any show, | ||
exhibition, program, or other activity
featuring or otherwise | ||
involving a fight between 2 or more animals, or any
human and | ||
animal, or the intentional killing of any animal for purposes | ||
of
sport, wagering or entertainment.
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(e) No person shall own, possess, sell or offer for sale, | ||
ship,
transport, or otherwise move any equipment or device | ||
which such person
knows or should know is intended for use in | ||
connection with any show,
exhibition, program, or activity | ||
featuring or otherwise involving a fight
between 2 or more | ||
animals, or any animal and human, or the intentional
killing of | ||
any animal for purposes of sport, wagering or entertainment.
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(f) No person shall make available any site, structure, or | ||
facility,
whether enclosed or not, which he or she knows or | ||
should know is intended
to be used for the purpose of | ||
conducting any show, exhibition, program, or
other activity | ||
involving a fight between 2 or more animals, or any animal and
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human, or the intentional killing of any animal.
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(g) No person shall attend or otherwise patronize any show, | ||
exhibition,
program, or other activity featuring or otherwise | ||
involving a fight between
2 or more animals, or any animal and | ||
human, or the intentional killing of
any animal for the | ||
purposes of sport, wagering or entertainment.
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(h) (Blank).
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(i) Any animals or equipment involved in a violation of | ||
this Section shall
be immediately seized and impounded under | ||
Section 12 by the Department when
located at any show, | ||
exhibition, program, or other activity featuring or
otherwise | ||
involving an animal fight for the purposes of sport, wagering, | ||
or
entertainment.
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(j) Any vehicle or conveyance other than a common carrier | ||
that is used
in violation of this Section shall be seized, | ||
held, and offered for sale at
public auction by the sheriff's | ||
department of the proper jurisdiction, and
the proceeds from | ||
the sale shall be remitted to the general fund of the
county | ||
where the violation took place.
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(k) Any veterinarian in this State who is presented with an | ||
animal for
treatment of injuries or wounds resulting from | ||
fighting where there is a
reasonable possibility that the | ||
animal was engaged in or utilized for a
fighting event for the | ||
purposes of sport, wagering, or entertainment shall
file a | ||
report with the Department and cooperate by furnishing the | ||
owners'
names, dates, and descriptions of the animal or animals | ||
involved. Any
veterinarian who in good faith complies with the | ||
requirements of this
subsection has immunity from any | ||
liability, civil, criminal, or otherwise,
that may result from | ||
his or her actions. For the purposes of any proceedings,
civil | ||
or criminal, the good faith of the veterinarian shall be | ||
rebuttably
presumed.
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(l) No person shall solicit a minor to violate this | ||
Section.
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(m) The penalties for violations of this Section shall be | ||
as follows:
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(1) A person convicted of violating subsection (a), | ||
(b), or (c) of this
Section or any rule, regulation, or | ||
order of the Department pursuant thereto
is guilty of a | ||
Class 4 felony
A misdemeanor for the first offense. A | ||
second or
subsequent offense involving the violation of | ||
subsection (a), (b), or (c) of
this Section or any rule, | ||
regulation, or order of the Department pursuant
thereto is | ||
a Class 3
4 felony.
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(2) A person convicted of violating subsection (d), | ||
(e), or (f) of this
Section or any rule, regulation, or | ||
order of the Department pursuant thereto
is guilty of a | ||
Class A misdemeanor for the first offense. A second or
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subsequent violation is a Class 4 felony.
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(3) A person convicted of violating subsection (g) of | ||
this Section or
any rule, regulation, or order of the | ||
Department pursuant thereto is guilty
of a Class C | ||
misdemeanor.
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(4) A person convicted of violating subsection (l) of | ||
this Section is
guilty of a Class A misdemeanor.
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(Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | ||
eff.
7-11-02; 92-651, eff. 7-11-02; revised 11-21-02.)
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(510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
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Sec. 4.04. Injuring or killing police animals, service | ||
animals, or search
and rescue dogs prohibited.
It shall be | ||
unlawful for any person to willfully or maliciously torture,
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mutilate, injure, disable, poison, or kill (i) any animal used | ||
by a law
enforcement department or agency in the performance of | ||
the functions or duties
of the department or agency or when | ||
placed in confinement off duty, (ii) any
service animal, (iii) | ||
any search and rescue dog, or (iv) any law enforcement,
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service, or search and rescue animal in training. However, a | ||
police officer or
veterinarian may perform euthanasia in | ||
emergency situations when delay would
cause the animal undue | ||
suffering and pain.
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A person convicted of violating this Section is guilty of a | ||
Class 4
felony
A misdemeanor if the animal is not killed or | ||
totally disabled; if
the animal is killed or totally disabled, | ||
the person is guilty of a Class 3
Class 4 felony.
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(Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02; | ||
92-650, eff.
7-11-02; incorporates 92-723, eff. 1-1-03; | ||
revised 10-3-02.)
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(510 ILCS 70/17 new)
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Sec. 17. Penalties. | ||
(a) Any person convicted of any act of abuse or neglect
or | ||
of violating any other provision of this Act,
for which a | ||
penalty is not otherwise provided, or any rule, regulation, or | ||
order of the Department pursuant thereto, is
guilty of a Class | ||
B misdemeanor. A second or subsequent violation
is a Class 4 | ||
felony with every day that a violation continues
constituting a | ||
separate offense. | ||
(b) The Department may enjoin a person from a continuing | ||
violation of this Act.
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(510 ILCS 70/16 rep.)
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Section 10. The Humane Care for Animals Act is amended by | ||
repealing Section 16.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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