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| Public Act 096-1091 | ||||
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AN ACT concerning criminal law.
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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 Criminal Code of 1961 is amended by changing | ||||
Section 26-5 as follows:
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(720 ILCS 5/26-5)
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Sec. 26-5. Dog fighting. (For other provisions that may | ||||
apply to dog
fighting, see the Humane Care for Animals Act. For | ||||
provisions similar to this
Section that apply to animals other | ||||
than dogs, see in particular Section 4.01
of the Humane Care | ||||
for Animals Act.)
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(a) No person may own, capture, breed, train, or lease any
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dog which he or she knows is intended for use in any
show, | ||||
exhibition, program, or other activity featuring or otherwise
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involving a fight between the dog and any other animal or | ||||
human, or the
intentional killing of any dog for the purpose of | ||||
sport, wagering, or
entertainment.
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(b) No person may promote, conduct, carry on, advertise,
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collect money for or in any other manner assist or aid in the
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presentation for purposes of sport, wagering, or entertainment | ||||
of
any show, exhibition, program, or other activity involving
a | ||||
fight between 2 or more dogs or any dog and human,
or the | ||||
intentional killing of any dog.
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(c) No person may sell or offer for sale, ship, transport,
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or otherwise move, or deliver or receive any dog which he or | ||
she
knows has been captured, bred, or trained, or will be used,
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to fight another dog or human or be intentionally killed for
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purposes of sport, wagering, or entertainment.
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(c-5) No person may solicit a minor to violate this | ||
Section.
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(d) No person may manufacture for sale, shipment, | ||
transportation,
or delivery any device or equipment 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 2 or more dogs, or any
human and dog, | ||
or the intentional killing of any dog for purposes of
sport, | ||
wagering, or entertainment.
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(e) No person may own, possess, sell or offer for sale, | ||
ship,
transport, or otherwise move any equipment or device | ||
which he or she
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 | ||
dogs, or any dog and human, or the intentional
killing of any | ||
dog for purposes of sport, wagering or entertainment.
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(f) No person may knowingly make available any site, | ||
structure, or
facility, whether enclosed or not, that he or she | ||
knows is intended to be
used for the purpose of conducting any | ||
show, exhibition, program, or other
activity involving a fight | ||
between 2 or more dogs, or any dog and human, or the
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intentional killing of any dog or knowingly manufacture, | ||
distribute, or
deliver fittings to be used in a fight between 2 | ||
or more dogs or a dog and
human.
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(g) No person may knowingly attend or otherwise patronize | ||
any show, exhibition,
program, or other activity featuring or | ||
otherwise involving a fight between
2 or more dogs, or any dog | ||
and human, or the intentional killing of
any dog for purposes | ||
of sport, wagering, or entertainment.
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(h) No person may tie or attach or fasten any live animal | ||
to any
machine or device propelled by any power for the purpose | ||
of causing the
animal to be pursued by a dog or dogs. This | ||
subsection (h) applies only
when the dog is intended to be used | ||
in a dog fight.
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(i) Penalties for violations of this Section shall be as | ||
follows:
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(1) Any person convicted of violating subsection (a), | ||
(b), or (c), or (h)
of this Section is guilty of a Class
4 | ||
felony for a first violation and a
Class
3 felony for a | ||
second or subsequent violation, and may be fined an
amount | ||
not to exceed $50,000.
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(1.5) A person who knowingly owns a dog for fighting | ||
purposes or for
producing a fight between 2 or more dogs or | ||
a dog and human or who knowingly
offers for sale or sells a | ||
dog bred for fighting is guilty of a Class
3 felony
and may | ||
be fined an amount not to exceed $50,000, if the dog | ||
participates
in a dogfight and any of the following factors | ||
is present:
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(i) the dogfight is performed in the presence of a | ||
person under 18
years of age;
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(ii) the dogfight is performed for the purpose of | ||
or in the presence
of illegal wagering activity; or
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(iii) the dogfight is performed in furtherance of | ||
streetgang related
activity as defined in Section 10 of | ||
the Illinois Streetgang Terrorism Omnibus
Prevention | ||
Act.
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(1.7) A person convicted of violating subsection (c-5) | ||
of this Section
is guilty of a Class 4 felony.
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(2) Any person convicted of violating subsection (d) or | ||
(e) of this
Section is guilty of a
Class 4 felony for a | ||
first violation.
A second or subsequent violation of | ||
subsection (d) or (e) of this Section
is a Class
3 felony.
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(2.5) Any person convicted of violating subsection (f) | ||
of this Section
is guilty of a Class
4 felony. Any person | ||
convicted of violating subsection (f) of this Section in | ||
which the site, structure, or facility made available to | ||
violate subsection (f) is located within 1,000 feet of a | ||
school, public park, playground, child care institution, | ||
day care center, part day child care facility, day care | ||
home, group day care home, or a facility providing programs | ||
or services
exclusively directed toward persons under 18 | ||
years of age is guilty of a Class 3 felony for a first | ||
violation and a Class 2 felony for a second or subsequent | ||
violation.
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(3) Any person convicted of violating subsection (g) of | ||
this Section
is guilty of a Class 4 felony for a first | ||
violation. A second or
subsequent violation of subsection | ||
(g) of this Section is a Class 3 felony. If a person under | ||
13 years of age is present at any show, exhibition,
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program, or other activity prohibited in subsection (g), | ||
the parent, legal guardian, or other person who is 18 years | ||
of age or older who brings that person under 13 years of | ||
age to that show, exhibition, program, or other activity is | ||
guilty of a Class 3 4 felony for a first violation and a | ||
Class 2 3 felony for a second or subsequent violation.
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(i-5) A person who commits a felony violation of this | ||
Section is subject to the property forfeiture provisions set | ||
forth in Article 124B of the Code of Criminal Procedure of | ||
1963. | ||
(j) Any dog or equipment involved in a violation of this | ||
Section shall
be immediately seized and impounded under Section | ||
12 of the Humane Care for
Animals Act when located at any show, | ||
exhibition, program, or other activity
featuring or otherwise | ||
involving a dog fight for the purposes of sport,
wagering, or | ||
entertainment.
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(k) 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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(l) Any veterinarian in this State who is presented with a | ||
dog for treatment
of injuries or wounds resulting from fighting | ||
where there is a reasonable
possibility that the dog was | ||
engaged in or utilized for a fighting event for
the purposes of | ||
sport, wagering, or entertainment shall file a report with the
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Department of Agriculture and cooperate by furnishing the | ||
owners' names, dates,
and descriptions of the dog or dogs | ||
involved. Any veterinarian who in good
faith complies with the | ||
requirements of this subsection has immunity from any
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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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(m) In addition to any other penalty provided by law, upon | ||
conviction for
violating this Section, the court may order that | ||
the convicted person and
persons dwelling in the same household | ||
as the convicted person who conspired,
aided, or 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 dog or other animal for a | ||
period of time that
the court deems reasonable.
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(n) A violation of subsection (a) of this Section may be | ||
inferred from evidence that the accused possessed any device or | ||
equipment described in subsection (d), (e), or (h) of this | ||
Section, and also possessed any dog.
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(o) When no longer required for investigations or court | ||
proceedings relating to the events described or depicted | ||
therein, evidence relating to convictions for violations of | ||
this Section shall be retained and made available for use in | ||
training peace officers in detecting and identifying | ||
violations of this Section. Such evidence shall be made | ||
available upon request to other law enforcement agencies and to | ||
schools certified under the Illinois Police Training Act.
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(p) For the purposes of this Section, "school" has the | ||
meaning ascribed to it in Section 11-9.3 of this Code; and | ||
"public park", "playground", "child care institution", "day | ||
care center", "part day child care facility", "day care home", | ||
"group day care home", and "facility providing programs or | ||
services
exclusively directed toward persons under 18 years of | ||
age" have the meanings ascribed to them in Section 11-9.4 of | ||
this Code. | ||
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; | ||
revised 10-1-09.)
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