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91_HB0283
LRB9100702DHmg
1 AN ACT to amend the Humane Care for Animals Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Humane Care for Animals Act is amended by
5 changing Sections 1, 2, 2.01, 2.03, 4, 12, 13, and 16, and by
6 adding Sections 2.09, 2.10, 9.05, 11.1, 16.1, 16.2, 20, 25
7 and 30 as follows:
8 (510 ILCS 70/1) (from Ch. 8, par. 701)
9 Sec. 1. Short title. This Act shall be known and may
10 be cited as the "Humane Care for Animals Act".
11 (Source: P.A. 78-905.)
12 (510 ILCS 70/2) (from Ch. 8, par. 702)
13 Sec. 2. Definitions. As used in this Act, unless the
14 context otherwise requires, the terms specified in Sections
15 between this Section 2 and Section 3 2.01 through 2.07 have
16 the meanings ascribed to them in those Sections.
17 (Source: P.A. 78-905.)
18 (510 ILCS 70/2.01) (from Ch. 8, par. 702.01)
19 Sec. 2.01. Animal. "Animal" means any every living
20 creature, except a human being domestic or wild, but does not
21 include man.
22 (Source: P.A. 78-905.)
23 (510 ILCS 70/2.03) (from Ch. 8, par. 702.03)
24 Sec. 2.03. "Department investigator" or "approved humane
25 investigator" means a person employed by or approved by the
26 Department to determine whether there has been a violation of
27 this Act, a volunteer recommended by a humane society and
28 approved by a court or law enforcement agency under this Act,
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1 or an animal control warden or animal control administrator
2 appointed under the Animal Control Act.
3 (Source: P.A. 87-157.)
4 (510 ILCS 70/2.09 new)
5 Sec. 2.09. "Wildlife" has the meaning assigned to that
6 term in the Wildlife Code.
7 (510 ILCS 70/2.10 new)
8 Sec. 2.10. "Acts of cruelty" means every act or failure
9 to act causing or permitting physical pain or suffering,
10 unless otherwise authorized by this Act or another Act or
11 regulation, including but not limited to any of the
12 following:
13 (a) keeping or exhibiting wildlife at a roadside stand
14 or market along a public street or highway, or at any retail
15 place of business or its premises;
16 (b) trapping, capturing, or snaring any animal belonging
17 to another person or legal entity, without the authorization
18 of that person or legal entity to do so;
19 (c) the theft, conversion, taking, leading away, or
20 secreting of any animal, which is a violation of this Act as
21 well as any applicable statutes relating to theft, theft by
22 false representation, fraud, or conversion;
23 (d) concealing the identity of any animal for the
24 purpose of making the return of the animal to the animal's
25 owner more difficult, including but not limited to the
26 obscuring, altering, or removing of any collar, tag, license,
27 tattoo or other identifying device or mark;
28 (e) tripping, felling, or dragging any animal by the
29 legs or tail, except as otherwise permitted by this Act or
30 any other Act or regulation;
31 (f) causing a risk to the life or limb of an animal for
32 entertainment, amusement, sport, or money;
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1 (g) removing or cropping the fleshy part of any animal
2 except as necessary for proper veterinary care or population
3 control;
4 (h) killing any animal for the sole purpose of keeping
5 the animal's body or parts of the animal's body as a trophy
6 or clothing; and
7 (i) the use of any animal as a lure or bait.
8 (510 ILCS 70/4) (from Ch. 8, par. 704)
9 Sec. 4. Dyeing of animals prohibited. No person may dye
10 or artificially color an animal, or sell, offer for sale,
11 barter, or give away as a pet or a novelty any rabbit or any
12 baby chick, duckling or other fowl which has been dyed,
13 colored, or otherwise treated to impart an artificial color
14 thereto. Baby chicks or ducklings shall not be sold, offered
15 for sale, bartered, or given away as pets or novelties.
16 Rabbits, ducklings or baby chicks shall not be awarded as
17 prizes in any game of chance.
18 (Source: P.A. 86-172.)
19 (510 ILCS 70/9.05 new)
20 Sec.9.05. Empowering humane societies to investigate
21 violations. Any humane society or association may recommend
22 properly trained personnel to be considered for appointment
23 as volunteers to aid in investigating violations of this Act
24 in every county of the State in which the society is
25 regularly active. The names and qualifications of the
26 persons recommended by each society shall be submitted for
27 approval to the law-enforcement agency of the county or
28 municipality in which those persons propose to perform that
29 investigative function. Each law-enforcement agency shall
30 appoint properly qualified candidates as volunteers, in
31 numbers sufficient to ensure that violations of the laws
32 against cruelty to animals of this State are properly
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1 investigated. The appointed volunteers are authorized to
2 investigate any act of cruelty upon an animal.
3 (510 ILCS 70/11.1 new)
4 Sec. 11.1. Seizure of evidence. All law enforcement
5 officers authorized to enforce the laws of the State of
6 Illinois shall have the authority to seize as evidence, and
7 for the purposes of forfeiture and disposition by the State,
8 any and all physical items used in furtherance of the offense
9 as defined in this Act. Items subject to seizure include but
10 are not limited to: animal parts or products; business
11 records and equipment of any kind which was used in or
12 references any aspect of the subject offense; any equipment,
13 device or vehicle utilized in the process of the offense;
14 along with any and all moneys realized as a result of the
15 offense. Photographs of animals seized shall be admissible
16 evidence in any prosecution for violation of this Act.
17 (510 ILCS 70/12) (from Ch. 8, par. 712)
18 Sec. 12. Impounding animals; notice of impoundment.
19 (a) When an approved humane investigator, a Department
20 investigator or a veterinarian finds that a violation of this
21 Act has rendered an animal in such a condition that no remedy
22 or corrective action by the owner is possible or the violator
23 fails or refuses to take corrective action necessary for
24 compliance pursuant to Section 11 of this Act, the Department
25 may impound the animal. The animal shall be impounded in a
26 facility which will provide the elements of good care as set
27 forth in Section 3 of this Act, where such animals shall be
28 examined by a licensed veterinarian.
29 (b) A notice of impoundment shall be given by the
30 investigator to the violator, if known, in person or sent by
31 certified or registered mail. A copy of the notice shall be
32 retained by the investigator and a copy forwarded immediately
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1 to the Department. The notice of impoundment shall include
2 the following:
3 (1) A number assigned by the Department which will
4 also be given to the impounding facility accepting the
5 responsibility of the animal or animals.
6 (2) Listing of deficiencies noted.
7 (3) An accurate description of the animal or
8 animals involved.
9 (4) Date on which the animal or animals were
10 impounded.
11 (5) Signature of the investigator.
12 (6) A statement that: "The violator may request a
13 hearing to appeal the impoundment. A person desiring a
14 hearing shall contact the Department of Agriculture
15 within 7 days from the date of impoundment" and the
16 Department will hold an administrative hearing within 7
17 days after receiving a request to appeal the impoundment.
18 If the hearing cannot be held prior to the expiration of
19 the 7-day impoundment period, the Department shall notify
20 the impounding facility that it cannot sell, offer for
21 adoption or dispose of the animal or animals until a
22 final decision is rendered and all of the appeal
23 processes have expired.
24 If a hearing is requested by any owner of impounded
25 animals, the Hearing Officer shall have the authority after
26 hearing the testimony of all affected parties, to render a
27 decision as to the disposition of the impounded animals.
28 This decision by the Hearing Officer shall have no effect on
29 the criminal charges that may be filed with the appropriate
30 authorities.
31 Any expense incurred in such impoundment becomes a lien
32 on the animal impounded and must be discharged before the
33 animal is released from the facility. When the animal is not
34 claimed by its owner and all impoundment costs satisfied
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1 within 7 days, it may be sold at public or private sale for
2 fair consideration to a person capable of providing care
3 consistent with this Act, with the proceeds of that sale
4 applied first to discharge the lien and any balance to be
5 paid over to the owner. If no purchaser is found, the State
6 shall make humane disposition of the animal. The animal
7 shall be put up for adoption to a desirable home or given
8 over into the care of a humane organization, released into
9 the wild, or, only if medically necessary and upon the
10 recommendation of a licensed veterinarian, be humanely
11 euthanized. the animal may be offered for adoption or
12 disposed of in a manner not inconsistent with this or any
13 other Act.
14 (Source: P.A. 88-600, eff. 9-1-94.)
15 (510 ILCS 70/13) (from Ch. 8, par. 713)
16 Sec. 13. Nothing in this Act affects normal, good
17 husbandry practices utilized by any person in the production
18 of food, companion or work animals, or in the extermination
19 of undesirable pests. In case of any alleged conflict between
20 this Act, or regulations adopted hereunder, and the Fish and
21 Aquatic Life Code, the "Wildlife Code, of Illinois" or the
22 Humane Slaughter of Livestock Act "An Act to define and
23 require the use of humane methods in the handling,
24 preparation for slaughter, and slaughter of livestock for
25 meat or meat products to be offered for sale", approved July
26 26, 1967, as amended, the provisions of those Acts shall
27 prevail.
28 (Source: P.A. 81-358.)
29 (510 ILCS 70/16) (from Ch. 8, par. 716)
30 Sec. 16. Violations; punishment; injunctions.
31 (a) Any person convicted of violating Sections 5, 5.01,
32 or 6 of this Act or any rule, regulation, or order of the
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1 Department pursuant thereto, is guilty of a Class A C
2 misdemeanor. A second or subsequent violation within 5 years
3 of the date of the previous violation is a Class 4 felony.
4 (b)(1) This subsection (b) does not apply where the
5 only animals involved in the violation are dogs.
6 (2) Any person convicted of violating subsection
7 (a), (b), (c) or (h) of Section 4.01 of this Act or any
8 rule, regulation, or order of the Department pursuant
9 thereto, is guilty of a Class A misdemeanor.
10 (3) A second or subsequent offense involving the
11 violation of subsection (a), (b) or (c) of Section 4.01
12 of this Act or any rule, regulation, or order of the
13 Department pursuant thereto is a Class 4 felony.
14 (4) Any person convicted of violating subsection
15 (d), (e) or (f) of Section 4.01 of this Act or any rule,
16 regulation, or order of the Department pursuant thereto,
17 is guilty of a Class A B misdemeanor. A second or
18 subsequent violation within 5 years of the date of the
19 previous violation is a Class 4 felony.
20 (5) Any person convicted of violating subsection
21 (g) of Section 4.01 of this Act or any rule, regulation,
22 or order of the Department pursuant thereto is guilty of
23 a Class C misdemeanor.
24 (c)(1) This subsection (c) applies exclusively
25 where the only animals involved in the violation are
26 dogs.
27 (2) Any person convicted of violating subsection
28 (a), (b) or (c) of Section 4.01 of this Act or any rule,
29 regulation or order of the Department pursuant thereto is
30 guilty of a Class 4 felony and may be fined an amount not
31 to exceed $50,000.
32 (3) Any person convicted of violating subsection
33 (d), (e), or (f) of of Section 4.01 of this Act or any
34 rule, regulation or order of the Department pursuant
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1 thereto is guilty of Class A misdemeanor. A second or
2 subsequent violation within 5 years of the date of the
3 previous violation is a Class 4 felony., if such person
4 knew or should have known that the device or equipment
5 under subsection (d) or (e) of that Section or the site,
6 structure or facility under subsection (f) of that
7 Section was to be used to carry out a violation where the
8 only animals involved were dogs. Where such person did
9 not know or should not reasonably have been expected to
10 know that the only animals involved in the violation were
11 dogs, the penalty shall be same as that provided for in
12 paragraph (4) of subsection (b).
13 (4) Any person convicted of violating subsection
14 (g) of Section 4.01 of this Act or any rule, regulation
15 or order of the Department pursuant thereto is guilty of
16 a Class C misdemeanor.
17 (5) A second or subsequent violation of subsection
18 (a), (b) or (c) of Section 4.01 of this Act or any rule,
19 regulation or order of the Department pursuant thereto is
20 a Class 3 felony. A second or subsequent violation of
21 subsection (d), (e) or (f) of Section 4.01 of this Act or
22 any rule, regulation or order of the Department adopted
23 pursuant thereto is a Class 3 felony, if in each
24 violation the person knew or should have known that the
25 device or equipment under subsection (d) or (e) of that
26 Section or the site, structure or facility under
27 subsection (f) of that Section was to be used to carry
28 out a violation where the only animals involved were
29 dogs. Where such person did not know or should not
30 reasonably have been expected to know that the only
31 animals involved in the violation were dogs, a second or
32 subsequent violation of subsection (d), (e) or (f) of
33 Section 4.01 of this Act or any rule, regulation or order
34 of the Department adopted pursuant thereto is a Class A
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1 misdemeanor, except that a second or subsequent violation
2 within 5 years of the date of the previous violation is a
3 Class 4 felony. 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 A C misdemeanor. A
7 second or subsequent conviction for a violation of
8 Section 3.01 within 5 years of the date of the previous
9 violation is a Class 4 felony B misdemeanor. A third or
10 subsequent conviction for a violation of Section 3.01 is
11 a Class A misdemeanor.
12 (7) Any person convicted of violating Section 4.03
13 is guilty of a Class A B misdemeanor. A second or
14 subsequent violation within 5 years of the date of the
15 previous violation is a Class 4 felony.
16 (8) Any person convicted of violating Section 4.04
17 is guilty of a Class A misdemeanor where the animal is
18 not killed or totally disabled, but if the animal is
19 killed or totally disabled such person shall be guilty of
20 a Class 4 felony. Any second or subsequent violation of
21 this paragraph (8) within 5 years of the date of the
22 previous violation is a Class 4 felony.
23 (8.5) A person convicted of violating subsection
24 (a) of Section 7.15 is guilty of a Class A B misdemeanor.
25 A person convicted of violating subsection (b) or (c) of
26 Section 7.15 is (i) guilty of a Class A misdemeanor if
27 the dog is not killed or totally disabled and (ii) if the
28 dog is killed or totally disabled, guilty of a Class 4
29 felony and may be ordered by the court to make
30 restitution to the disabled person having custody or
31 ownership of the dog for veterinary bills and replacement
32 costs of the dog. Any second or subsequent violation of
33 this paragraph (8.5) within 5 years of the date of the
34 previous violation is a Class 4 felony.
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1 (9) Any person convicted of any other act of
2 cruelty, or of violating any other provision of this Act,
3 or any rule, regulation, or order of the Department
4 pursuant thereto, is guilty of a Class A C misdemeanor.
5 A second or subsequent offense within 5 years of the date
6 the previous violation is a Class 4 felony. with every
7 day that a violation continues constituting a separate
8 offense.
9 (d) (Blank). Any person convicted of violating Section
10 7.1 is guilty of a petty offense. A second or subsequent
11 conviction for a violation of Section 7.1 is a Class C
12 misdemeanor.
13 (e) Any person convicted of violating Section 3.02 is
14 guilty of a Class A misdemeanor. A second or subsequent
15 violation within 5 years of the date of the previous
16 violation is a Class 4 felony.
17 (f) The Department may enjoin a person from a continuing
18 violation of this Act.
19 (g) Any act of cruelty intended to cause pain and
20 suffering to an animal is a Class 4 felony. Any act of
21 cruelty of a continuing nature constitutes a separate
22 violation of this Act for each 48-hour period in which it
23 occurs or is allowed to continue.
24 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
25 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98)
26 (510 ILCS 70/16.1 new)
27 Sec. 16.1. Animal ownership by violators prohibited.
28 In addition to any other penalties, the court may prohibit
29 any person convicted under this Act from owning any interest
30 in or possessing or having in his or her care or control any
31 animal, or any species of animals designated by the court,
32 for a period of up to 5 years after the date of sentencing.
33 The court may also require impoundment by the State of any
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1 animals owned, possessed, or in the care or custody of a
2 person convicted under this Act. If the act of cruelty was
3 intended to cause pain or suffering to an animal owned by the
4 person convicted, the animal shall be impounded by the State
5 for humane placement.
6 (510 ILCS 70/16.2 new)
7 Sec. 16.2. Violator must pay costs of violations. In
8 addition to the other penalties, the convicted person must
9 pay all costs necessary to restore the injured animal to good
10 health or to otherwise ameliorate the effects of the cruelty.
11 In addition, the court shall order the convicted person to
12 pay all costs incurred in boarding and caring for any animal
13 cruelly treated by the convicted person pending the
14 disposition of the case, and the costs of the disposition of
15 the animal after the conclusion of the case. All costs paid
16 by the convicted person must be reimbursed to the humane
17 organization, person, or legal entity that incurred the
18 costs. The court shall also order that an equitable portion
19 of any fine received be paid to any recognized humane
20 organization that incurred costs in investigating or
21 prosecuting the offenses of which the person paying the fine
22 was convicted.
23 (510 ILCS 70/20 new)
24 Sec. 20. Defenses.
25 (a) It is not a defense to violations of this Act for
26 the person committing the violation to assert that he or she
27 had rights of ownership in the animal that was the victim of
28 violation.
29 (b) Trespass is not a defense to a prosecution under
30 this Act.
31 (510 ILCS 570/25 new)
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1 Sec. 25. Corporations may be charged with violations of
2 this Act for the acts of their employees or agents who
3 violate this Act in the course of their employment or agency.
4
5 (510 ILCS 70/30 new)
6 Sec. 30. Civil right of action.
7 (a) Any person who has a right of ownership in an animal
8 which is subjected to an act of cruelty in violation of this
9 Act may bring a civil action to recover the damages sustained
10 by that owner. Damages may include but are not limited to
11 the monetary value of the animal, veterinary expenses
12 incurred on behalf of the animal, any other expenses incurred
13 by the owner in rectifying the effects of the cruelty, pain
14 and suffering of the animal, and emotional distress suffered
15 by the owner. In addition to damages that may be proven, the
16 owner also is entitled to punitive or exemplary damages of
17 not less than $500 nor more than $25,000 for each act of
18 cruelty to which each animal of the owner is subjected. In
19 addition, the court shall award reasonable attorney's fees
20 and costs actually incurred by the owner in the prosecution
21 of any action under this Section. The remedies provided in
22 this Section are in addition to any other remedies allowed by
23 law. In an action under this Section, the court may enter
24 any injunctive orders reasonably necessary to protect animals
25 from any further acts of cruelty or harassment by a
26 defendant. Trespass is not a defense to any action under
27 this Section.
28 The statute of limitations for a civil right of action
29 for cruelty to animals shall be 2 years.
30 Section 99. Effective date. This Act takes effect
31 January 1, 2000.
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1 INDEX
2 Statutes amended in order of appearance
3 510 ILCS 70/1 from Ch. 8, par. 701
4 510 ILCS 70/2 from Ch. 8, par. 702
5 510 ILCS 70/2.01 from Ch. 8, par. 702.01
6 510 ILCS 70/2.03 from Ch. 8, par. 702.03
7 510 ILCS 70/2.09 new
8 510 ILCS 70/2.10 new
9 510 ILCS 70/4 from Ch. 8, par. 704
10 510 ILCS70/9.05 new
11 510 ILCS 70/11.1 new
12 510 ILCS 70/12 from Ch. 8, par. 712
13 510 ILCS 70/13 from Ch. 8, par. 713
14 510 ILCS 70/16 from Ch. 8, par. 716
15 510 ILCS 70/16.1 new
16 510 ILCS 70/16.2 new
17 510 ILCS 70/20 new
18 510 ILCS 570/25 new
19 510 ILCS 70/30 new