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91_HB1152eng HB1152 Engrossed LRB9101545LDmbB 1 AN ACT to amend the Humane Care for Animals Act by 2 changing Section 16 and adding Section 4.05. 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 and adding Section 4.05 as follows: 7 (510 ILCS 70/4.05 new) 8 Sec. 4.05. Dog racing prohibited. No person shall hold, 9 conduct, or operate any greyhound race for public exhibition 10 in this State for monetary remuneration. 11 (510 ILCS 70/16) (from Ch. 8, par. 716) 12 Sec. 16. Violations; punishment; injunctions. 13 (a) Any person convicted of violating Sections 5, 5.01, 14 or 6 of this Act or any rule, regulation, or order of the 15 Department pursuant thereto, is guilty of a Class C 16 misdemeanor. 17 (b)(1) This subsection (b) does not apply where the 18 only animals involved in the violation are dogs. 19 (2) Any person convicted of violating subsection 20 (a), (b), (c) or (h) of Section 4.01 of this Act or any 21 rule, regulation, or order of the Department pursuant 22 thereto, is guilty of a Class A misdemeanor. 23 (3) A second or subsequent offense involving the 24 violation of subsection (a), (b) or (c) of Section 4.01 25 of this Act or any rule, regulation, or order of the 26 Department pursuant thereto is a Class 4 felony. 27 (4) Any person convicted of violating subsection 28 (d), (e) or (f) of Section 4.01 of this Act or any rule, 29 regulation, or order of the Department pursuant thereto, 30 is guilty of a Class B misdemeanor. HB1152 Engrossed -2- LRB9101545LDmbB 1 (5) Any person convicted of violating subsection 2 (g) of Section 4.01 of this Act or any rule, regulation, 3 or order of the Department pursuant thereto is guilty of 4 a Class C misdemeanor. 5 (c)(1) This subsection (c) applies exclusively 6 where the only animals involved in the violation are 7 dogs. 8 (2) Any person convicted of violating subsection 9 (a), (b) or (c) of Section 4.01 of this Act or any rule, 10 regulation or order of the Department pursuant thereto is 11 guilty of a Class 4 felony and may be fined an amount not 12 to exceed $50,000. 13 (3) Any person convicted of violating subsection 14 (d), (e) or (f) of Section 4.01 of this Act or any rule, 15 regulation or order of the Department pursuant thereto is 16 guilty of Class A misdemeanor, if such person knew or 17 should have known that the device or equipment under 18 subsection (d) or (e) of that Section or the site, 19 structure or facility under subsection (f) of that 20 Section was to be used to carry out a violation where the 21 only animals involved were dogs. Where such person did 22 not know or should not reasonably have been expected to 23 know that the only animals involved in the violation were 24 dogs, the penalty shall be same as that provided for in 25 paragraph (4) of subsection (b). 26 (4) Any person convicted of violating subsection 27 (g) of Section 4.01 of this Act or any rule, regulation 28 or order of the Department pursuant thereto is guilty of 29 a Class C misdemeanor. 30 (5) A second or subsequent violation of subsection 31 (a), (b) or (c) of Section 4.01 of this Act or any rule, 32 regulation or order of the Department pursuant thereto is 33 a Class 3 felony. A second or subsequent violation of 34 subsection (d), (e) or (f) of Section 4.01 of this Act or HB1152 Engrossed -3- LRB9101545LDmbB 1 any rule, regulation or order of the Department adopted 2 pursuant thereto is a Class 3 felony, if in each 3 violation the person knew or should have known that the 4 device or equipment under subsection (d) or (e) of that 5 Section or the site, structure or facility under 6 subsection (f) of that Section was to be used to carry 7 out a violation where the only animals involved were 8 dogs. Where such person did not know or should not 9 reasonably have been expected to know that the only 10 animals involved in the violation were dogs, a second or 11 subsequent violation of subsection (d), (e) or (f) of 12 Section 4.01 of this Act or any rule, regulation or order 13 of the Department adopted pursuant thereto is a Class A 14 misdemeanor. A second or subsequent violation of 15 subsection (g) is a Class B misdemeanor. 16 (6) Any person convicted of violating Section 3.01 17 of this Act is guilty of a Class C misdemeanor. A second 18 conviction for a violation of Section 3.01 is a Class B 19 misdemeanor. A third or subsequent conviction for a 20 violation of Section 3.01 is a Class A misdemeanor. 21 (7) Any person convicted of violating Section 4.03 22 is guilty of a Class B misdemeanor. 23 (8) Any person convicted of violating Section 4.04 24 is guilty of a Class A misdemeanor where the animal is 25 not killed or totally disabled, but if the animal is 26 killed or totally disabled such person shall be guilty of 27 a Class 4 felony. 28 (8.5) A person convicted of violating subsection 29 (a) of Section 7.15 is guilty of a Class B misdemeanor. 30 A person convicted of violating subsection (b) or (c) of 31 Section 7.15 is (i) guilty of a Class A misdemeanor if 32 the dog is not killed or totally disabled and (ii) if the 33 dog is killed or totally disabled, guilty of a Class 4 34 felony and may be ordered by the court to make HB1152 Engrossed -4- LRB9101545LDmbB 1 restitution to the disabled person having custody or 2 ownership of the dog for veterinary bills and replacement 3 costs of the dog. 4 (9) Any person convicted of violating any other 5 provision of this Act, or any rule, regulation, or order 6 of the Department pursuant thereto, is guilty of a Class 7 C misdemeanor with every day that a violation continues 8 constituting a separate offense. 9 (10) Any person who violates Section 4.05 of this 10 Act shall be guilty of a Class A misdemeanor. 11 (d) Any person convicted of violating Section 7.1 is 12 guilty of a petty offense. A second or subsequent conviction 13 for a violation of Section 7.1 is a Class C misdemeanor. 14 (e) Any person convicted of violating Section 3.02 is 15 guilty of a Class A misdemeanor. 16 (f) The Department may enjoin a person from a continuing 17 violation of this Act. 18 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96; 19 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)