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91_HB0810
LRB9103539DHmg
1 AN ACT to amend the Humane Care for Animals Act by
2 changing Section 16.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Humane Care for Animals Act is amended by
6 changing Section 16 as follows:
7 (510 ILCS 70/16) (from Ch. 8, par. 716)
8 Sec. 16. Violations; punishment; injunctions.
9 (a) Any person convicted of violating Sections 5, 5.01,
10 or 6 of this Act or any rule, regulation, or order of the
11 Department pursuant thereto, is guilty of a Class C
12 misdemeanor.
13 (b)(1) This subsection (b) does not apply where the
14 only animals involved in the violation are dogs.
15 (2) Any person convicted of violating subsection
16 (a), (b), (c) or (h) of Section 4.01 of this Act or any
17 rule, regulation, or order of the Department pursuant
18 thereto, is guilty of a Class A misdemeanor.
19 (3) A second or subsequent offense involving the
20 violation of subsection (a), (b) or (c) of Section 4.01
21 of this Act or any rule, regulation, or order of the
22 Department pursuant thereto is a Class 4 felony.
23 (4) Any person convicted of violating subsection
24 (d), (e) or (f) of Section 4.01 of this Act or any rule,
25 regulation, or order of the Department pursuant thereto,
26 is guilty of a Class B misdemeanor.
27 (5) Any person convicted of violating subsection
28 (g) of Section 4.01 of this Act or any rule, regulation,
29 or order of the Department pursuant thereto is guilty of
30 a Class C misdemeanor.
31 (c)(1) This subsection (c) applies exclusively
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1 where the only animals involved in the violation are
2 dogs.
3 (2) Any person convicted of violating subsection
4 (a), (b) or (c) of Section 4.01 of this Act or any rule,
5 regulation or order of the Department pursuant thereto is
6 guilty of a Class 4 felony and may be fined an amount not
7 to exceed $50,000.
8 (3) Any person convicted of violating subsection
9 (d), (e) or (f) of Section 4.01 of this Act or any rule,
10 regulation or order of the Department pursuant thereto is
11 guilty of Class A misdemeanor, if such person knew or
12 should have known that the device or equipment under
13 subsection (d) or (e) of that Section or the site,
14 structure or facility under subsection (f) of that
15 Section was to be used to carry out a violation where the
16 only animals involved were dogs. Where such person did
17 not know or should not reasonably have been expected to
18 know that the only animals involved in the violation were
19 dogs, the penalty shall be same as that provided for in
20 paragraph (4) of subsection (b).
21 (4) Any person convicted of violating subsection
22 (g) of Section 4.01 of this Act or any rule, regulation
23 or order of the Department pursuant thereto is guilty of
24 a Class C misdemeanor.
25 (5) A second or subsequent violation of subsection
26 (a), (b) or (c) of Section 4.01 of this Act or any rule,
27 regulation or order of the Department pursuant thereto is
28 a Class 3 felony. A second or subsequent violation of
29 subsection (d), (e) or (f) of Section 4.01 of this Act or
30 any rule, regulation or order of the Department adopted
31 pursuant thereto is a Class 3 felony, if in each
32 violation the person knew or should have known that the
33 device or equipment under subsection (d) or (e) of that
34 Section or the site, structure or facility under
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1 subsection (f) of that Section was to be used to carry
2 out a violation where the only animals involved were
3 dogs. Where such person did not know or should not
4 reasonably have been expected to know that the only
5 animals involved in the violation were dogs, a second or
6 subsequent violation of subsection (d), (e) or (f) of
7 Section 4.01 of this Act or any rule, regulation or order
8 of the Department adopted pursuant thereto is a Class A
9 misdemeanor. A second or subsequent violation of
10 subsection (g) is a Class B misdemeanor.
11 (6) Any person convicted of violating Section 3.01
12 of this Act is guilty of a Class C misdemeanor. A second
13 conviction for a violation of Section 3.01 is a Class B
14 misdemeanor. A third or subsequent conviction for a
15 violation of Section 3.01 is a Class A misdemeanor.
16 (7) Any person convicted of violating Section 4.03
17 is guilty of a Class B misdemeanor.
18 (8) Any person convicted of violating Section 4.04
19 is guilty of a Class A misdemeanor where the animal is
20 not killed or totally disabled, but if the animal is
21 killed or totally disabled such person shall be guilty of
22 a Class 4 felony.
23 (8.5) A person convicted of violating subsection
24 (a) of Section 7.15 is guilty of a Class 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.
33 (9) Any person convicted of violating any other
34 provision of this Act, or any rule, regulation, or order
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1 of the Department pursuant thereto, is guilty of a Class
2 C misdemeanor with every day that a violation continues
3 constituting a separate offense.
4 (d) Any person convicted of violating Section 7.1 is
5 guilty of a petty offense. A second or subsequent conviction
6 for a violation of Section 7.1 is a Class C misdemeanor.
7 (e) Any person convicted of violating Section 3.02 is
8 guilty of a Class A misdemeanor. A second or subsequent
9 violation is a Class 4 felony.
10 (f) The Department may enjoin a person from a continuing
11 violation of this Act.
12 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
13 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)