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91_HB0810enr HB0810 Enrolled 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 HB0810 Enrolled -2- LRB9103539DHmg 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 HB0810 Enrolled -3- LRB9103539DHmg 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 HB0810 Enrolled -4- LRB9103539DHmg 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.)