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92_SB1806eng SB1806 Engrossed LRB9211445EGfgA 1 AN ACT concerning the humane care of animals. 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 3, 3.01, 3.02, 3.03, 3.04, 3.05, 4, 4.01, 6 4.02, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 as 7 follows: 8 (510 ILCS 70/3) (from Ch. 8, par. 703) 9 Sec. 3. Owner's duties. Each owner shall provide for 10 each of his animals: 11 (a) sufficient quantity of good quality, wholesome 12 food and water; 13 (b) adequate shelter and protection from the 14 weather; 15 (c) veterinary care when needed to prevent 16 suffering; and 17 (d) humane care and treatment. 18 A person convicted of violating this Section is guilty of 19 a Class B misdemeanor. A second or subsequent violation is a 20 Class 4 felony with every day that a violation continues 21 constituting a separate offense. In addition to any other 22 penalty provided by law, upon conviction for violating this 23 Section, the court may order the convicted person to undergo 24 a psychological or psychiatric evaluation and to undergo any 25 treatment at the convicted person's expense that the court 26 determines to be appropriate after due consideration of the 27 evaluation. If the convicted person is a juvenile or a 28 companion animal hoarder, the court must order the convicted 29 person to undergo a psychological or psychiatric evaluation 30 and to undergo treatment that the court determines to be 31 appropriate after due consideration of the evaluation. SB1806 Engrossed -2- LRB9211445EGfgA 1 (Source: P.A. 78-905.) 2 (510 ILCS 70/3.01) (from Ch. 8, par. 703.01) 3 Sec. 3.01. Cruel treatment. No person or owner may 4 beat, cruelly treat, torment, starve, overwork or otherwise 5 abuse any animal. 6 No owner may abandon any animal where it may become a 7 public charge or may suffer injury, hunger or exposure. 8 A person convicted of violating this Section is guilty of 9 a Class A misdemeanor. A second or subsequent conviction for 10 a violation of this Section is a Class 4 felony. In addition 11 to any other penalty provided by law, upon conviction for 12 violating this Section, the court may order the convicted 13 person to undergo a psychological or psychiatric evaluation 14 and to undergo any treatment at the convicted person's 15 expense that the court determines to be appropriate after due 16 consideration of the evidence. If the convicted person is a 17 juvenile or a companion animal hoarder, the court must order 18 the convicted person to undergo a psychological or 19 psychiatric evaluation and to undergo treatment that the 20 court determines to be appropriate after due consideration of 21 the evaluation. 22 (Source: P.A. 84-466.) 23 (510 ILCS 70/3.02) 24 Sec. 3.02. Aggravated cruelty. No person may 25 intentionally commit an act that causes a companion animal to 26 suffer serious injury or death. Aggravated cruelty does not 27 include euthanasia of a companion animal through recognized 28 methods approved by the Department of Agriculture. 29 A person convicted of violating Section 3.02 is guilty of 30 a Class 4 felony. A second or subsequent violation is a 31 Class 3 felony. In addition to any other penalty provided by 32 law, upon conviction for violating this Section, the court SB1806 Engrossed -3- LRB9211445EGfgA 1 may order the convicted person to undergo a psychological or 2 psychiatric evaluation and to undergo any treatment at the 3 convicted person's expense that the court determines to be 4 appropriate after due consideration of the evaluation. If 5 the convicted person is a juvenile or a companion animal 6 hoarder, the court must order the convicted person to undergo 7 a psychological or psychiatric evaluation and to undergo 8 treatment that the court determines to be appropriate after 9 due consideration of the evaluation. 10 (Source: P.A. 88-600, eff. 9-1-94.) 11 (510 ILCS 70/3.03) 12 Sec. 3.03. Animal torture. 13 (a) A person commits animal torture when that person 14 without legal justification knowingly or intentionally 15 tortures an animal. For purposes of this Section, and 16 subject to subsection (b), "torture" means infliction of or 17 subjection to extreme physical pain, motivated by an intent 18 to increase or prolong the pain, suffering, or agony of the 19 animal. 20 (b) For the purposes of this Section, "animal torture" 21 does not include any death, harm, or injury caused to any 22 animal by any of the following activities: 23 (1) any hunting, fishing, trapping, or other 24 activity allowed under the Wildlife Code, the Wildlife 25 Habitat Management Areas Act, or the Fish and Aquatic 26 Life Code; 27 (2) any alteration or destruction of any animal 28 done by any person or unit of government pursuant to 29 statute, ordinance, court order, or the direction of a 30 licensed veterinarian; 31 (3) any alteration or destruction of any animal by 32 any person for any legitimate purpose, including, but not 33 limited to: castration, culling, declawing, defanging, SB1806 Engrossed -4- LRB9211445EGfgA 1 ear cropping, euthanasia, gelding, grooming, neutering, 2 polling, shearing, shoeing, slaughtering, spaying, tail 3 docking, and vivisection; and 4 (4) any other activity that may be lawfully done to 5 an animal. 6 (c) A person convicted of violating this Section is 7 guilty of a Class 3 felony. As a condition of the sentence 8 imposed under this Section, the court shall order the 9 offender to undergo a psychological or psychiatric evaluation 10 and to undergo treatment that the court determines to be 11 appropriate after due consideration of the evaluation. 12 (Source: P.A. 91-351, eff. 7-29-99.) 13 (510 ILCS 70/3.04) 14 Sec. 3.04. Arrests and seizures. 15 (a) Any law enforcement officer making an arrest for an 16 offense involving one or more companion animals under Section 17 3.01, 3.02, or 3.03 of this Act may lawfully take possession 18 of some or all of the companion animals in the possession of 19 the person arrested. The officer, after taking possession of 20 the companion animals, must file with the court before whom 21 the complaint is made against any person so arrested an 22 affidavit stating the name of the person charged in the 23 complaint, a description of the condition of the companion 24 animal or companion animals taken, and the time and place the 25 companion animal or companion animals were taken, together 26 with the name of the person from whom the companion animal or 27 companion animals were taken and name of the person who 28 claims to own the companion animal or companion animals if 29 different from the person from whom the companion animal or 30 companion animals were seized. He or she must at the same 31 time deliver an inventory of the companion animal or 32 companion animals taken to the court of competent 33 jurisdiction. The officer must place the companion animal or SB1806 Engrossed -5- LRB9211445EGfgA 1 companion animals in the custody of an animal control or 2 animal shelter and the agency must retain custody of the 3 companion animal or companion animals subject to an order of 4 the court adjudicating the charges on the merits and before 5 which the person complained against is required to appear for 6 trial. The State's Attorney may, within 14 days after the 7 seizure, file a "petition for forfeiture prior to trial" 8 before the court having criminal jurisdiction over the 9 alleged charges, asking for permanent forfeiture of the 10 companion animals seized. The petition shall be filed with 11 the court, with copies served on the impounding agency, the 12 owner, and anyone claiming an interest in the animals. In a 13 "petition for forfeiture prior to trial", the burden is on 14 the prosecution to prove by a preponderance of the evidence 15 that the person arrested violated Section 3.01, 3.02, 3.03, 16 or 4.01 of this Act or Section 26-5 of the Criminal Code of 17 1961. 18 (b) An owner whose companion animal or companion animals 19 are removed by a law enforcement officer under this Section 20 must be given written notice of the circumstances of the 21 removal and of any legal remedies available to him or her. 22 The notice must be posted at the place of seizure, or 23 delivered to a person residing at the place of seizure or, if 24 the address of the owner is different from the address of the 25 person from whom the companion animal or companion animals 26 were seized, delivered by registered mail to his or her last 27 known address. 28 (Source: P.A. 92-454, eff. 1-1-02.) 29 (510 ILCS 70/3.05) 30 Sec. 3.05. Security for companion animals and animals 31 used for fighting purposes. 32 (a) In the case of companion animals as defined in 33 Section 2.01a or animals used for fighting purposes in SB1806 Engrossed -6- LRB9211445EGfgA 1 violation ofpursuant toSection 4.01 of this Act or Section 2 26-5 of the Criminal Code of 1961, the animal control or 3 animal shelter having custody of the animal or animals may 4 file a petition with the court requesting that the person 5 from whom the animal or animals are seized, or the owner of 6 the animal or animals, be ordered to post security. The 7 security must be in an amount sufficient to secure payment of 8 all reasonable expenses expected to be incurred by the animal 9 control or animal shelter in caring for and providing for the 10 animal or animals pending the disposition of the charges. 11 Reasonable expenses include, but are not limited to, 12 estimated medical care and boarding of the animal or animals 13 for 30 days. The amount of the security shall be determined 14 by the court after taking into consideration all of the facts 15 and circumstances of the case, including, but not limited to, 16 the recommendation of the impounding organization having 17 custody and care of the seized animal or animals and the cost 18 of caring for the animal or animals. If security has been 19 posted in accordance with this Section, the animal control or 20 animal shelter may draw from the security the actual costs 21 incurred by the agency in caring for the seized animal or 22 animals. 23 (b) Upon receipt of a petition, the court must set a 24 hearing on the petition, to be conducted within 5 business 25 days after the petition is filed. The petitioner must serve 26 a true copy of the petition upon the defendant and the 27 State's Attorney for the county in which the animal or 28 animals were seized. The petitioner must also serve a true 29 copy of the petition on any interested person. For the 30 purposes of this subsection, "interested person" means an 31 individual, partnership, firm, joint stock company, 32 corporation, association, trust, estate, or other legal 33 entity that the court determines may have a pecuniary 34 interest in the animal or animals that are the subject of the SB1806 Engrossed -7- LRB9211445EGfgA 1 petition. The court must set a hearing date to determine any 2 interested parties. The court may waive for good cause shown 3 the posting of security. 4 (c) If the court orders the posting of security, the 5 security must be posted with the clerk of the court within 5 6 business days after the hearing. If the person ordered to 7 post security does not do so, the animal or animals are 8 forfeited by operation of law and the animal control or 9 animal shelter having control of the animal or animals must 10 dispose of the animal or animals through adoption or must 11 humanely euthanize the animal. In no event may the defendant 12 or any person residing in the defendant's household adopt the 13 animal or animals. 14 (d) The impounding organization may file a petition with 15 the court upon the expiration of the 30-day period requesting 16 the posting of additional security. The court may order the 17 person from whom the animal or animals were seized, or the 18 owner of the animal or animals, to post additional security 19 with the clerk of the court to secure payment of reasonable 20 expenses for an additional period of time pending a 21 determination by the court of the charges against the person 22 from whom the animal or animals were seized. 23 (e) In no event may the security prevent the impounding 24 organization having custody and care of the animal or animals 25 from disposing of the animal or animals before the expiration 26 of the 30-day period covered by the security if the court 27 makes a final determination of the charges against the person 28 from whom the animal or animals were seized. Upon the 29 adjudication of the charges, the person who posted the 30 security is entitled to a refund of the security, in whole or 31 in part, for any expenses not incurred by the impounding 32 organization. 33 (f) Notwithstanding any other provision of this Section 34 to the contrary, the court may order a person charged with SB1806 Engrossed -8- LRB9211445EGfgA 1 any violation of this Act to provide necessary food, water, 2 shelter, and care for any animal or animals that are the 3 basis of the charge without the removal of the animal or 4 animals from their existing location and until the charges 5 against the person are adjudicated. Until a final 6 determination of the charges is made, any law enforcement 7 officer, animal control officer, Department investigator, or 8 an approved humane investigator may be authorized by an order 9 of the court to make regular visits to the place where the 10 animal or animals are being kept to ascertain if the animal 11 or animals are receiving necessary food, water, shelter, and 12 care. Nothing in this Section prevents any law enforcement 13 officer, Department investigator, or approved humane 14 investigator from applying for a warrant under this Section 15 to seize any animal or animals being held by the person 16 charged pending the adjudication of the charges if it is 17 determined that the animal or animals are not receiving the 18 necessary food, water, shelter, or care. 19 (g) Nothing in this Act shall be construed to prevent 20 the voluntary, permanent relinquishment of any animal by its 21 owner to an animal control or animal shelter in lieu of 22 posting security or proceeding to a forfeiture hearing. 23 Voluntary relinquishment shall have no effect on the criminal 24 charges that may be pursued by the appropriate authorities. 25 (h) If an owner of a companion animal is acquitted by 26 the court of charges made pursuant to this Act, the court 27 shall further order that any security that has been posted 28 for the animal shall be returned to the owner by the 29 impounding organization. 30 (i) The provisions of this Section only pertain to 31 companion animals and animals used for fighting purposes. 32 (Source: P.A. 92-454, eff. 1-1-02.) 33 (510 ILCS 70/4) (from Ch. 8, par. 704) SB1806 Engrossed -9- LRB9211445EGfgA 1 Sec. 4. Prohibited acts. No person may sell, offer for 2 sale, barter, or give away as a pet or a novelty any rabbit 3 or any baby chick, duckling or other fowl which has been 4 dyed, colored, or otherwise treated to impart an artificial 5 color thereto. Baby chicks or ducklings shall not be sold, 6 offered for sale, bartered, or given away as pets or 7 novelties. Rabbits, ducklings or baby chicks shall not be 8 awarded as prizesin any game of chance. 9 A person convicted of violating this Section is guilty of 10 a Class B misdemeanor. A second or subsequent violation is a 11 Class 4 felony, with every day that a violation continues 12 constituting a separate offense. 13 (Source: P.A. 86-172.) 14 (510 ILCS 70/4.01) (from Ch. 8, par. 704.01) 15 Sec. 4.01. Animals in entertainment. This Section does 16 not apply when the only animals involved are dogs. (Section 17 26-5 of the Criminal Code of 1961, rather than this Section, 18 applies when the only animals involved are dogs.) 19Prohibitions.20 (a) No person may own, capture, breed, train, or lease 21 any animal which he or she knows or should know is intended 22 for use in any show, exhibition, program, or other activity 23 featuring or otherwise involving a fight between such animal 24 and any other animal or human, or the intentional killing of 25 any animal for the purpose of sport, wagering, or 26 entertainment. 27 (b) No person shall promote, conduct, carry on, 28 advertise, collect money for or in any other manner assist or 29 aid in the presentation for purposes of sport, wagering, or 30 entertainment, any show, exhibition, program, or other 31 activity involving a fight between 2 or more animals or any 32 animal and human, or the intentional killing of any animal. 33 (c) No person shall sell or offer for sale, ship, SB1806 Engrossed -10- LRB9211445EGfgA 1 transport, or otherwise move, or deliver or receive any 2 animal which he or she knows or should know has been 3 captured, bred, or trained, or will be used, to fight another 4 animal or human or be intentionally killed, for the purpose 5 of sport, wagering, or entertainment. 6 (d) No person shall manufacture for sale, shipment, 7 transportation or delivery any device or equipment which that 8 person knows or should know is intended for use in any show, 9 exhibition, program, or other activity featuring or otherwise 10 involving a fight between 2 or more animals, or any human and 11 animal, or the intentional killing of any animal for purposes 12 of 13 (e) No person shall own, possess, sell or offer for 14 sale, ship, transport, or otherwise move any equipment or 15 device which such person knows or should know is intended for 16 use in connection with any show, exhibition, program, or 17 activity featuring or otherwise involving a fight between 2 18 or more animals, or any animal and human, or the intentional 19 killing of any animal for purposes of sport, wagering or 20 entertainment. 21 (f) No person shall make available any site, structure, 22 or facility, whether enclosed or not, which he or she knows 23 or should know is intended to be used for the purpose of 24 conducting any show, exhibition, program, or other activity 25 involving a fight between 2 or more animals, or any animal 26 and human, or the intentional killing of any animalor27knowingly manufacture, distribute, or deliver fittings to be28used in a fight between 2 or more dogs or a dog and a human. 29 (g) No person shall attend or otherwise patronize any 30 show, exhibition, program, or other activity featuring or 31 otherwise involving a fight between 2 or more animals, or any 32 animal and human, or the intentional killing of any animal 33 for the purposes of sport, wagering or entertainment. 34 (h) (Blank).No person shall tie or attach or fasten anySB1806 Engrossed -11- LRB9211445EGfgA 1live animal to any machine or device propelled by any power2for the purpose of causing such animal to be pursued by a dog3or dogs. This subsection (h) shall apply only when such dog4is intended to be used in a dog fight.5 (i) Any animals or equipment involved in a violation of 6 this Section shall be immediately seized and impounded under 7 Section 12 by the Department when located at any show, 8 exhibition, program, or other activity featuring or otherwise 9 involving an animal fight for the purposes of sport, 10 wagering, or entertainment. 11 (j) Any vehicle or conveyance other than a common 12 carrier that is used in violation of this Section shall be 13 seized, held, and offered for sale at public auction by the 14 sheriff's department of the proper jurisdiction, and the 15 proceeds from the sale shall be remitted to the general fund 16 of the county where the violation took place. 17 (k) Any veterinarian in this State who is presented with 18 an animal for treatment of injuries or wounds resulting from 19 fighting where there is a reasonable possibility that the 20 animal was engaged in or utilized for a fighting event for 21 the purposes of sport, wagering, or entertainment shall file 22 a report with the Department and cooperate by furnishing the 23 owners' names, dates, and descriptions of the animal or 24 animals involved. Any veterinarian who in good faith 25 complies with the requirements of this subsection has 26 immunity from any liability, civil, criminal, or otherwise, 27 that may result from his or her actions. For the purposes of 28 any proceedings, civil or criminal, the good faith of the 29 veterinarian shall be rebuttably presumed. 30 (l) No person shallconspire orsolicit a minor to 31 violate this Section. 32 (m) The penalties for violations of this Section shall 33 be as follows: 34 (1) A person convicted of violating subsection (a), SB1806 Engrossed -12- LRB9211445EGfgA 1 (b), or (c) of this Section or any rule, regulation, or 2 order of the Department pursuant thereto is guilty of a 3 Class A misdemeanor for the first offense. A second or 4 subsequent offense involving the violation of subsection 5 (a), (b), or (c) of this Section or any rule, regulation, 6 or order of the Department pursuant thereto is a Class 4 7 felony. 8 (2) A person convicted of violating subsection (d), 9 (e), or (f) of this Section or any rule, regulation, or 10 order of the Department pursuant thereto is guilty of a 11 Class A misdemeanor for the first offense. A second or 12 subsequent violation is a Class 4 felony. 13 (3) A person convicted of violating subsection (g) 14 of this Section or any rule, regulation, or order of the 15 Department pursuant thereto is guilty of a Class C 16 misdemeanor. 17 (4) A person convicted of violating subsection (l) 18 of this Section is guilty of a Class A misdemeanor. 19 (Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 20 revised 10-11-01.) 21 (510 ILCS 70/4.02) (from Ch. 8, par. 704.02) 22 Sec. 4.02. Arrests; reports. 23 (a) Any law enforcement officer making an arrest for an 24 offense involving one or more animals under Section 4.01 of 25 this Act or Section 26-5 of the Criminal Code of 1961 shall 26 lawfully take possession of all animals and all 27 paraphernalia, implements, or other property or things used 28 or employed, or about to be employed, in the violation of any 29 of the provisions of Section 4.01 of this Act or Section 26-5 30 of the Criminal Code of 1961. When a law enforcement officer 31 has taken possession of such animals, paraphernalia, 32 implements or other property or things, he or she shall file 33 with the court before whom the complaint is made against any SB1806 Engrossed -13- LRB9211445EGfgA 1 person so arrested an affidavit stating therein the name of 2 the person charged in the complaint, a description of the 3 property so taken and the time and place of the taking 4 thereof together with the name of the person from whom the 5 same was taken and name of the person who claims to own such 6 property, if different from the person from whom the animals 7dogswere seized and if known, and that the affiant has 8 reason to believe and does believe, stating the ground of the 9 belief, that the animalsdogsand property so taken were used 10 or employed, or were about to be used or employed, in a 11 violation of Section 4.01 of this Act or Section 26-5 of the 12 Criminal Code of 1961. He or she shall thereupon deliver an 13 inventory of the property so taken to the court of competent 14 jurisdiction. A law enforcement officer may humanely 15 euthanize animalsdogsthat are severely injured. 16 An owner whose animalsdogsare removed for a violation 17 of Section 4.01 of this Act or Section 26-5 of the Criminal 18 Code of 1961 must be given written notice of the 19 circumstances of the removal and of any legal remedies 20 available to him or her. The notice must be posted at the 21 place of seizure or delivered to a person residing at the 22 place of seizure or, if the address of the owner is different 23 from the address of the person from whom the animalsdogs24 were seized, delivered by registered mail to his or her last 25 known address. 26 The animal control or animal shelter having custody of 27 the animalsdogsmay file a petition with the court 28 requesting that the person from whom the animalsdogswere 29 seized or the owner of the animalsdogsbe ordered to post 30 security pursuant to Section 3.05 of this Act. 31 Upon the conviction of the person so charged, all animals 32dogsshall be adopted or humanely euthanized and property so 33 seized shall be adjudged by the court to be forfeited. Any 34 outstanding costs incurred by the impounding facility in SB1806 Engrossed -14- LRB9211445EGfgA 1 boarding and treating the animalsdogspending the 2 disposition of the case and disposing of the animalsdogs3 upon a conviction must be borne by the person convicted. In 4 no event may the animalsdogsbe adopted by the defendant or 5 anyone residing in his or her household. If the court finds 6 that the State either failed to prove the criminal 7 allegations or failed to prove that the animalsdogswere 8 used in fighting, the court must direct the delivery of the 9 animalsdogsand the other property not previously forfeited 10 to the owner of the animalsdogsand property. 11 Any person authorized by this Section to care for an 12 animala dog, to treat an animala dog, or to attempt to 13 restore an animala dogto good health and who is acting in 14 good faith is immune from any civil or criminal liability 15 that may result from his or her actions. 16 An animal control warden, animal control administrator, 17 animal shelter employee, or approved humane investigator may 18 humanely euthanize severely injured, diseased, or suffering 19 animaldogin exigent circumstances. 20 (b) Any veterinarian in this State who is presented with 21 an animal for treatment of injuries or wounds resulting from 22 fighting where there is a reasonable possibility that the 23 animal was engaged in or utilized for a fighting event shall 24 file a report with the Department and cooperate by furnishing 25 the owners' names, date of receipt of the animal or animals 26 and treatment administered, and descriptions of the animal or 27 animals involved. Any veterinarian who in good faith makes a 28 report, as required by this subsection (b), is immune from 29 any liability, civil, criminal, or otherwise, resulting from 30 his or her actions. For the purposes of any proceedings, 31 civil or criminal, the good faith of any such veterinarian 32 shall be presumed. 33 (Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 34 revised 10-11-01.) SB1806 Engrossed -15- LRB9211445EGfgA 1 (510 ILCS 70/4.03) (from Ch. 8, par. 704.03) 2 Sec. 4.03. Teasing, striking or tampering with police 3 animals, service animals, or search and rescue dogs 4 prohibited. It shall be unlawful for any person to willfully 5 and maliciously taunt, torment, tease, beat, strike, or 6 administer or subject any desensitizing drugs, chemicals or 7 substance to (i) any animal used by a law enforcement officer 8 in the performance of his or her functions or duties, or when 9 placed in confinement off duty, (ii) any service animal, 10 (iii) any search and rescue dog, or (iv) any police, service, 11 or search and rescue animal in training. It is unlawful for 12 any person to interfere or meddle with (i) any animal used by 13 a law enforcement department or agency or any handler thereof 14 in the performance of the functions or duties of the 15 department or agency, (ii) any service animal, (iii) any 16 search and rescue dog, or (iv) any law enforcement, service, 17 or search and rescue animal in training. 18 Any person convicted of violating this Section is guilty 19 of a Class A misdemeanor. A second or subsequent violation 20 is a Class 4 felony. 21 (Source: P.A. 92-454, eff. 1-1-02.) 22 (510 ILCS 70/4.04) (from Ch. 8, par. 704.04) 23 Sec. 4.04. Injuring or killing police animals, service 24 animals, or search and rescue dogs prohibited. It shall be 25 unlawful for any person to willfully or maliciously torture, 26 mutilate, injure, disable, poison, or kill (i) any animal 27 used by a law enforcement department or agency in the 28 performance of the functions or duties of the department or 29 agency or when placed in confinement off duty, (ii) any 30 service animal, (iii) any search and rescue dog, or (iv) any 31 law enforcement, service, or search and rescue animal in 32 training. However, a police officer or veterinarian may 33 perform euthanasia in emergency situations when delay would SB1806 Engrossed -16- LRB9211445EGfgA 1 cause the animal undue suffering and pain. 2 A person convicted of violating this Section is guilty of 3 a Class A misdemeanor if the animal is not killed or totally 4 disabled; if the animal is killed or totally disabled, the 5 person is guilty of a Class 4 felony. 6 (Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02.) 7 (510 ILCS 70/5) (from Ch. 8, par. 705) 8 Sec. 5. Lame or disabled horses. No person shall sell, 9 offer to sell, lead, ride, transport, or drive on any public 10 way any equidae which, because of debility, disease, lameness 11 or any other cause, could not be worked in this State without 12 violating this Act, unless the equidae is being sold, 13 transported, or housed with the intent that it will be moved 14 in an expeditious and humane manner to an approved 15 slaughtering establishment. Such equidae may be conveyed to 16 a proper place for medical or surgical treatment, for humane 17 keeping or euthanasia, or for slaughter in an approved 18 slaughtering establishment. 19 A person convicted of violating this Section or any rule, 20 regulation, or order of the Department pursuant thereto is 21 guilty of a Class A misdemeanor. A second or subsequent 22 violation is a Class 4 felony. 23 (Source: P.A. 87-157.) 24 (510 ILCS 70/5.01) 25 Sec. 5.01. Horse poling or tripping. 26 (a) As used in this Section: 27 "Pole" means to use a method of training a horse that 28 consists of (i) forcing, persuading, or enticing a horse to 29 jump so that one or more of its legs contacts an obstruction 30 consisting of any kind of wire, or a pole, stick, rope, or 31 other object in which is embedded brads, nails, tacks, or 32 other sharp points or (ii) raising, throwing, or moving a SB1806 Engrossed -17- LRB9211445EGfgA 1 pole, stick, wire, rope, or other object against one or more 2 legs of a horse while it is jumping an obstruction so that 3 the horse, in either case, is induced to raise its leg or 4 legs higher in order to clear the obstruction. 5 "Trip" means to use a wire, rope, pole, stick, or other 6 object or apparatus to cause a horse to fall or lose its 7 balance. 8 (b) No person may knowingly pole or trip a horse by any 9 means for entertainment or sport purposes. 10 (c) This Section does not prohibit the lawful laying 11 down of a horse for medical or identification purposes. 12 (d) A person convicted of violating this Section is 13 guilty of a Class A misdemeanor. A second or subsequent 14 violation of this Section is a Class 4 felony. 15 (Source: P.A. 89-455, eff. 5-20-96.) 16 (510 ILCS 70/6) (from Ch. 8, par. 706) 17 Sec. 6. Poisoning prohibited. No person may knowingly 18 poison or cause to be poisoned any dog or other domestic 19 animal. The only exception will be by written permit from 20 the Department for the purpose of controlling diseases 21 transmissible to humans or other animals and only when all 22 other methods and means have been exhausted. Such a written 23 permit shall name the person or persons conducting the 24 poisoning, specify the products to be used, give the 25 boundaries of the area involved, and specify the 26 precautionary measures to be employed to insure the safety of 27 humans and other animals.Any drug used for euthanasia shall28be by or under the direction of a licensed veterinarian.29 This Section does not prohibit the use of a euthanasia 30 drug by a euthanasia agency for the purpose of animal 31 euthanasia, provided that the euthanasia drug is used by or 32 under the direction of a licensed veterinarian or certified 33 euthanasia technician, all as defined in and subject to the SB1806 Engrossed -18- LRB9211445EGfgA 1 Humane Euthanasia in Animal Shelters Act. 2 A person convicted of violating this Section or any rule, 3 regulation, or order of the Department pursuant thereto is 4 guilty of a Class A misdemeanor. A second or subsequent 5 violation is a Class 4 felony. 6 (Source: P.A. 78-905.) 7 (510 ILCS 70/7) (from Ch. 8, par. 707) 8 Sec. 7. Confinement or detention during transportation. 9 No owner, railroad or other common carrier may, when 10 transporting any animal, allow that animal to be confined in 11 any type of conveyance more than 28 consecutive hours without 12 being exercised as necessary for that particular type of 13 animal and without being properly rested, fed and watered; 14 except that a reasonable extension of this time limit shall 15 be granted when a storm or accident causes a delay. In the 16 case of default of the owner or consignee, the company 17 transporting the animal shall exercise the animal, when 18 necessary for the particular type of animal and for the 19 proper resting, feeding, watering and sheltering of such 20 animal, and shall have a lien upon the animal until all 21 expenses resulting therefrom have been paid. 22 Any person who intentionally or negligently without 23 jurisdiction of law detains a shipment of livestock long 24 enough to endanger the health or safety of the livestock is 25 liable to the owner for any diminution in the value or death 26 of the livestock. 27 Authorities detaining a livestock shipment shall give 28 priority to the health and safety of the animals and shall 29 expeditiously handle any legal violation so that the intact 30 shipment may safely reach its designated destination. 31 A person convicted of violating this Section or any rule, 32 regulation, or order of the Department pursuant thereto, is 33 guilty of a Class B misdemeanor. A second or subsequent SB1806 Engrossed -19- LRB9211445EGfgA 1 violation is a Class 4 felony, with every day that a 2 violation continues constituting a separate offense. 3 (Source: P.A. 87-1094.) 4 (510 ILCS 70/7.1) (from Ch. 8, par. 707.1) 5 Sec. 7.1. Confinement in motor vehicle. No owner or 6 person shall confine any animal in a motor vehicle in such a 7 manner that places it in a life or health threatening 8 situation by exposure to a prolonged period of extreme heat 9 or cold, without proper ventilation or other protection from 10 such heat or cold. In order to protect the health and safety 11 of an animal, an animal control officer, law enforcement 12 officer, or Department investigator who has probable cause to 13 believe that this Section is being violated shall have 14 authority to enter such motor vehicle by any reasonable means 15 under the circumstances after making a reasonable effort to 16 locate the owner or other person responsible. 17 A person convicted of violating this Section is guilty of 18 a Class C misdemeanor. A second or subsequent violation is a 19 Class B misdemeanor. 20 (Source: P.A. 86-1325.) 21 (510 ILCS 70/7.5) 22 Sec. 7.5. Downed animals. 23 (a) For the purpose of this Section a downed animal is 24 one incapable of walking without assistance. 25 (b) No downed animal shall be sent to a stockyard, 26 auction, or other facility where its impaired mobility may 27 result in suffering. An injured animal may be sent directly 28 to a slaughter facility. 29 (c) A downed animal sent to a stockyard, auction, or 30 other facility in violation of this Section shall be humanely 31 euthanized, the disposition of such animal shall be the 32 responsibility of the owner, and the owner shall be liable SB1806 Engrossed -20- LRB9211445EGfgA 1 for any expense incurred. 2 If an animal becomes downed in transit it shall be the 3 responsibility of the carrier. 4 (d) A downed animal shall not be transported unless 5 individually segregated. 6 (e) A person convicted of violating this Section or any 7 rule, regulation, or order of the Department pursuant thereto 8 is guilty of a Class B misdemeanor. A second or subsequent 9 violation is a Class 4 felony, with every day that a 10 violation continues constituting a separate offense. 11 (Source: P.A. 88-66.) 12 (510 ILCS 70/7.15) 13 Sec. 7.15. Guide, hearing, and support dogs. 14 (a) A person may not willfully and maliciously annoy, 15 taunt, tease, harass, torment, beat, or strike a guide, 16 hearing, or support dog or otherwise engage in any conduct 17 directed toward a guide, hearing, or support dog that is 18 likely to impede or interfere with the dog's performance of 19 its duties or that places the blind, hearing impaired, or 20 physically handicapped person being served or assisted by the 21 dog in danger of injury. 22 (b) A person may not willfully and maliciously torture, 23 injure, or kill a guide, hearing, or support dog. 24 (c) A person may not willfully and maliciously permit a 25 dog that is owned, harbored, or controlled by the person to 26 cause injury to or the death of a guide, hearing, or support 27 dog while the guide, hearing, or support dog is in discharge 28 of its duties. 29 (d) A person convicted of violating this Section is 30 guilty of a Class A misdemeanor. A second or subsequent 31 violation is a Class 4 felony. A person convicted of 32 violating subsection (b) or (c) of this Section is guilty of 33 a Class 4 felony if the dog is killed or totally disabled, SB1806 Engrossed -21- LRB9211445EGfgA 1 and may be ordered by the court to make restitution to the 2 disabled person having custody or ownership of the dog for 3 veterinary bills and replacement costs of the dog. 4 (Source: P.A. 89-689, eff. 12-31-96.) 5 (510 ILCS 70/16) (from Ch. 8, par. 716) 6 Sec. 16. Miscellaneous violations;punishment;7 injunctions; forfeiture. 8 (a) (Blank).Any person convicted of violating9subsection (l) of Section 4.01 or Sections 5, 5.01, or 6 of10this Act or any rule, regulation, or order of the Department11pursuant thereto, is guilty of a Class A misdemeanor. A12second or subsequent violation of Section 5, 5.01, or 6 is a13Class 4 felony.14 (b) (Blank).(1) This subsection (b) does not apply15where the only animals involved in the violation are16dogs.17(2) Any person convicted of violating subsection18(a), (b), (c) or (h) of Section 4.01 of this Act or any19rule, regulation, or order of the Department pursuant20thereto, is guilty of a Class A misdemeanor.21(3) A second or subsequent offense involving the22violation of subsection (a), (b) or (c) of Section 4.0123of this Act or any rule, regulation, or order of the24Department pursuant thereto is a Class 4 felony.25(4) Any person convicted of violating subsection26(d), (e) or (f) of Section 4.01 of this Act or any rule,27regulation, or order of the Department pursuant thereto,28is guilty of a Class A misdemeanor. A second or29subsequent violation is a Class 4 felony.30(5) Any person convicted of violating subsection31(g) of Section 4.01 of this Act or any rule, regulation,32or order of the Department pursuant thereto is guilty of33a Class C misdemeanor.SB1806 Engrossed -22- LRB9211445EGfgA 1(c)(1) This subsection (c) applies exclusively2where the only animals involved in the violation are3dogs.4(2) Any person convicted of violating subsection5(a), (b) or (c) of Section 4.01 of this Act or any rule,6regulation or order of the Department pursuant thereto is7guilty of a Class 4 felony and may be fined an amount not8to exceed $50,000. A person who knowingly owns a dog for9fighting purposes or for producing a fight between 2 or10more dogs or a dog and human or who knowingly offers for11sale or sells a dog bred for fighting is guilty of a12Class 3 felony if any of the following factors is13present:14(i) the dogfight is performed in the presence15of a person under 18 years of age;16(ii) the dogfight is performed for the purpose17of or in the presence of illegal wagering activity;18or19(iii) the dogfight is performed in furtherance20of streetgang related activity as defined in Section2110 of the Illinois Streetgang Terrorism Omnibus22Prevention Act.23(3) Any person convicted of violating subsection24(d) or (e) of Section 4.01 of this Act or any rule,25regulation or order of the Department pursuant thereto is26guilty of Class A misdemeanor.27(3.5) Any person convicted of violating subsection28(f) of Section 4.01 is guilty of a Class 4 felony.29(4) Any person convicted of violating subsection30(g) of Section 4.01 of this Act or any rule, regulation31or order of the Department pursuant thereto is guilty of32a Class C misdemeanor.33(5) A second or subsequent violation of subsection34(a), (b) or (c) of Section 4.01 of this Act or any rule,SB1806 Engrossed -23- LRB9211445EGfgA 1regulation or order of the Department pursuant thereto is2a Class 3 felony. A second or subsequent violation of3subsection (d) or (e) of Section 4.01 of this Act or any4rule, regulation or order of the Department adopted5pursuant thereto is a Class 3 felony, if in each6violation the person knew or should have known that the7device or equipment under subsection (d) or (e) of that8Section was to be used to carry out a violation where the9only animals involved were dogs. Where such person did10not know or should not reasonably have been expected to11know that the only animals involved in the violation were12dogs, a second or subsequent violation of subsection (d)13or (e) of Section 4.01 of this Act or any rule,14regulation or order of the Department adopted pursuant15thereto is a Class A misdemeanor. A second or subsequent16violation of subsection (g) is a Class B misdemeanor.17(6) Any person convicted of violating Section 3.0118of this Act is guilty of a Class A misdemeanor. A second19or subsequent conviction for a violation of Section 3.0120is a Class 4 felony.21(7) Any person convicted of violating Section 4.0322is guilty of a Class A misdemeanor. A second or23subsequent violation is a Class 4 felony.24(8) Any person convicted of violating Section 4.0425is guilty of a Class A misdemeanor where the animal is26not killed or totally disabled, but if the animal is27killed or totally disabled such person shall be guilty of28a Class 4 felony.29(8.5) A person convicted of violating subsection30(a) of Section 7.15 is guilty of a Class A misdemeanor.31A person convicted of violating subsection (b) or (c) of32Section 7.15 is (i) guilty of a Class A misdemeanor if33the dog is not killed or totally disabled and (ii) if the34dog is killed or totally disabled, guilty of a Class 4SB1806 Engrossed -24- LRB9211445EGfgA 1felony and may be ordered by the court to make2restitution to the disabled person having custody or3ownership of the dog for veterinary bills and replacement4costs of the dog. A second or subsequent violation is a5Class 4 felony.6 (c)(9)Any person convicted of anyotheract of abuse 7 or neglect for which no other penalty is specified in this 8 Act, or of violating any other provision of this Act,or any 9 rule, regulation, or order of the Department pursuant thereto 10 for which no other penalty is specified in this Act, is 11 guilty of a Class B misdemeanor for the first violation. A 12 second or subsequent violation is a Class 4 felony, with 13 every day that a violation continues constituting a separate 14 offense. 15 (d) (Blank).Any person convicted of violating Section167.1 is guilty of a Class C misdemeanor. A second or17subsequent conviction for a violation of Section 7.1 is a18Class B misdemeanor.19 (e) (Blank).Any person convicted of violating Section203.02 is guilty of a Class 4 felony. A second or subsequent21violation is a Class 3 felony.22 (f) The Department may enjoin a person from a continuing 23 violation of this Act. 24 (g) (Blank).Any person convicted of violating Section253.03 is guilty of a Class 3 felony. As a condition of the26sentence imposed under this Section, the court shall order27the offender to undergo a psychological or psychiatric28evaluation and to undergo treatment that the court determines29to be appropriate after due consideration of the evaluation.30 (h) (Blank).In addition to any other penalty provided31by law, upon a conviction for violating Sections 3, 3.01,323.02, or 3.03 the court may order the convicted person to33undergo a psychological or psychiatric evaluation and to34undergo any treatment at the convicted person's expense thatSB1806 Engrossed -25- LRB9211445EGfgA 1the court determines to be appropriate after due2consideration of the evaluation. If the convicted person is a3juvenile or a companion animal hoarder, the court must order4the convicted person to undergo a psychological or5psychiatric evaluation and to undergo treatment that the6court determines to be appropriate after due consideration of7the evaluation.8 (i) In addition to any other penalty provided by law, 9 upon conviction for violating SectionSections3, 3.01, 3.02, 10 or 3.03 the court may order the convicted person to forfeit 11 to an animal control or animal shelter the animal or animals 12 that are the basis of the conviction. Upon an order of 13 forfeiture, the convicted person is deemed to have 14 permanently relinquished all rights to the animal or animals 15 that are the basis of the conviction. The forfeited animal 16 or animals shall be adopted or humanely euthanized. In no 17 event may the convicted person or anyone residing in his or 18 her household be permitted to adopt the forfeited animal or 19 animals. The court, additionally, may order that the 20 convicted person and persons dwelling in the same household 21 as the convicted person who conspired, aided, or abetted in 22 the unlawful act that was the basis of the conviction, or who 23 knew or should have known of the unlawful act, may not own, 24 harbor, or have custody or control of any other animals for a 25 period of time that the court deems reasonable. 26 (Source: P.A. 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 27 91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-425, eff. 28 1-1-02; 92-454, eff. 1-1-02; revised 10-11-01.) 29 Section 10. The Clerks of Courts Act is amended by 30 changing Sections 27.5 and 27.6 as follows: 31 (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) 32 Sec. 27.5. (a) All fees, fines, costs, additional SB1806 Engrossed -26- LRB9211445EGfgA 1 penalties, bail balances assessed or forfeited, and any other 2 amount paid by a person to the circuit clerk that equals an 3 amount less than $55, except restitution under Section 5-5-6 4 of the Unified Code of Corrections, reimbursement for the 5 costs of an emergency response as provided under Section 6 5-5-3 of the Unified Code of Corrections, any fees collected 7 for attending a traffic safety program under paragraph (c) of 8 Supreme Court Rule 529, any fee collected on behalf of a 9 State's Attorney under Section 4-2002 of the Counties Code or 10 a sheriff under Section 4-5001 of the Counties Code, or any 11 cost imposed under Section 124A-5 of the Code of Criminal 12 Procedure of 1963, for convictions, orders of supervision, or 13 any other disposition for a violation of Chapters 3, 4, 6, 14 11, and 12 of the Illinois Vehicle Code, or a similar 15 provision of a local ordinance, and any violation of the 16 Child Passenger Protection Act, or a similar provision of a 17 local ordinance, and except as provided in subsection (b) 18 shall be disbursed within 60 days after receipt by the 19 circuit clerk as follows: 47% shall be disbursed to the 20 entity authorized by law to receive the fine imposed in the 21 case; 12% shall be disbursed to the State Treasurer; and 41% 22 shall be disbursed to the county's general corporate fund. 23 Of the 12% disbursed to the State Treasurer, 1/6 shall be 24 deposited by the State Treasurer into the Violent Crime 25 Victims Assistance Fund, 1/2 shall be deposited into the 26 Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall 27 be deposited into the Drivers Education Fund. For fiscal 28 years 1992 and 1993, amounts deposited into the Violent Crime 29 Victims Assistance Fund, the Traffic and Criminal Conviction 30 Surcharge Fund, or the Drivers Education Fund shall not 31 exceed 110% of the amounts deposited into those funds in 32 fiscal year 1991. Any amount that exceeds the 110% limit 33 shall be distributed as follows: 50% shall be disbursed to 34 the county's general corporate fund and 50% shall be SB1806 Engrossed -27- LRB9211445EGfgA 1 disbursed to the entity authorized by law to receive the fine 2 imposed in the case. Not later than March 1 of each year the 3 circuit clerk shall submit a report of the amount of funds 4 remitted to the State Treasurer under this Section during the 5 preceding year based upon independent verification of fines 6 and fees. All counties shall be subject to this Section, 7 except that counties with a population under 2,000,000 may, 8 by ordinance, elect not to be subject to this Section. For 9 offenses subject to this Section, judges shall impose one 10 total sum of money payable for violations. The circuit clerk 11 may add on no additional amounts except for amounts that are 12 required by Sections 27.3a and 27.3c of this Act, unless 13 those amounts are specifically waived by the judge. With 14 respect to money collected by the circuit clerk as a result 15 of forfeiture of bail, ex parte judgment or guilty plea 16 pursuant to Supreme Court Rule 529, the circuit clerk shall 17 first deduct and pay amounts required by Sections 27.3a and 18 27.3c of this Act. This Section is a denial and limitation of 19 home rule powers and functions under subsection (h) of 20 Section 6 of Article VII of the Illinois Constitution. 21 (b) The following amounts must be remitted to the State 22 Treasurer for deposit into the Illinois Animal Abuse Fund: 23 (1) 50% of the amounts collected for felony 24 offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 25 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the 26 Humane Care for Animals Act and Section 26-5 of the 27 Criminal Code of 1961; 28 (2) 20% of the amounts collected for Class A and 29 Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 30 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the 31 Humane Care for Animals Act and Section 26-5 of the 32 Criminal Code of 1961; and 33 (3) 50% of the amounts collected for Class C 34 misdemeanors under Sections 4.01 and 7.1 of the Humane SB1806 Engrossed -28- LRB9211445EGfgA 1 Care for Animals Act and Section 26-5 of the Criminal 2 Code of 1961. 3(1) 50% of amounts collected for Class 4 felonies4under subsection (a), paragraph (4) of subsection (b),5and paragraphs (6), (7), (8.5), and (9) of subsection (c)6of Section 16 of the Humane Care for Animals Act and7Class 3 felonies under paragraph (5) of subsection (c) of8Section 16 of that Act.9(2) 20% of amounts collected for Class A10misdemeanors under subsection (a), paragraph (4) of11subsection (b), and paragraphs (6) and (7) of subsection12(c) of Section 16 of the Humane Care for Animals Act and13Class B misdemeanors under paragraph (9) of subsection14(c) of Section 16 of that Act.15(3) 20% of amounts collected for Class B16misdemeanors under subsection (d) of Section 16 of the17Humane Care for Animals Act.18(4) 50% of amounts collected for Class C19misdemeanors under subsection (d) of Section 16 of the20Humane Care for Animals Act.21 (Source: P.A. 92-454, eff. 1-1-02.) 22 (705 ILCS 105/27.6) 23 Sec. 27.6. (a) All fees, fines, costs, additional 24 penalties, bail balances assessed or forfeited, and any other 25 amount paid by a person to the circuit clerk equalling an 26 amount of $55 or more, except the additional fee required by 27 subsections (b) and (c), restitution under Section 5-5-6 of 28 the Unified Code of Corrections, reimbursement for the costs 29 of an emergency response as provided under Section 5-5-3 of 30 the Unified Code of Corrections, any fees collected for 31 attending a traffic safety program under paragraph (c) of 32 Supreme Court Rule 529, any fee collected on behalf of a 33 State's Attorney under Section 4-2002 of the Counties Code or SB1806 Engrossed -29- LRB9211445EGfgA 1 a sheriff under Section 4-5001 of the Counties Code, or any 2 cost imposed under Section 124A-5 of the Code of Criminal 3 Procedure of 1963, for convictions, orders of supervision, or 4 any other disposition for a violation of Chapters 3, 4, 6, 5 11, and 12 of the Illinois Vehicle Code, or a similar 6 provision of a local ordinance, and any violation of the 7 Child Passenger Protection Act, or a similar provision of a 8 local ordinance, and except as provided in subsection (d) 9 shall be disbursed within 60 days after receipt by the 10 circuit clerk as follows: 44.5% shall be disbursed to the 11 entity authorized by law to receive the fine imposed in the 12 case; 16.825% shall be disbursed to the State Treasurer; and 13 38.675% shall be disbursed to the county's general corporate 14 fund. Of the 16.825% disbursed to the State Treasurer, 2/17 15 shall be deposited by the State Treasurer into the Violent 16 Crime Victims Assistance Fund, 5.052/17 shall be deposited 17 into the Traffic and Criminal Conviction Surcharge Fund, 3/17 18 shall be deposited into the Drivers Education Fund, and 19 6.948/17 shall be deposited into the Trauma Center Fund. Of 20 the 6.948/17 deposited into the Trauma Center Fund from the 21 16.825% disbursed to the State Treasurer, 50% shall be 22 disbursed to the Department of Public Health and 50% shall be 23 disbursed to the Department of Public Aid. For fiscal year 24 1993, amounts deposited into the Violent Crime Victims 25 Assistance Fund, the Traffic and Criminal Conviction 26 Surcharge Fund, or the Drivers Education Fund shall not 27 exceed 110% of the amounts deposited into those funds in 28 fiscal year 1991. Any amount that exceeds the 110% limit 29 shall be distributed as follows: 50% shall be disbursed to 30 the county's general corporate fund and 50% shall be 31 disbursed to the entity authorized by law to receive the fine 32 imposed in the case. Not later than March 1 of each year the 33 circuit clerk shall submit a report of the amount of funds 34 remitted to the State Treasurer under this Section during the SB1806 Engrossed -30- LRB9211445EGfgA 1 preceding year based upon independent verification of fines 2 and fees. All counties shall be subject to this Section, 3 except that counties with a population under 2,000,000 may, 4 by ordinance, elect not to be subject to this Section. For 5 offenses subject to this Section, judges shall impose one 6 total sum of money payable for violations. The circuit clerk 7 may add on no additional amounts except for amounts that are 8 required by Sections 27.3a and 27.3c of this Act, unless 9 those amounts are specifically waived by the judge. With 10 respect to money collected by the circuit clerk as a result 11 of forfeiture of bail, ex parte judgment or guilty plea 12 pursuant to Supreme Court Rule 529, the circuit clerk shall 13 first deduct and pay amounts required by Sections 27.3a and 14 27.3c of this Act. This Section is a denial and limitation 15 of home rule powers and functions under subsection (h) of 16 Section 6 of Article VII of the Illinois Constitution. 17 (b) In addition to any other fines and court costs 18 assessed by the courts, any person convicted or receiving an 19 order of supervision for driving under the influence of 20 alcohol or drugs shall pay an additional fee of $100 to the 21 clerk of the circuit court. This amount, less 2 1/2% that 22 shall be used to defray administrative costs incurred by the 23 clerk, shall be remitted by the clerk to the Treasurer within 24 60 days after receipt for deposit into the Trauma Center 25 Fund. This additional fee of $100 shall not be considered a 26 part of the fine for purposes of any reduction in the fine 27 for time served either before or after sentencing. Not later 28 than March 1 of each year the Circuit Clerk shall submit a 29 report of the amount of funds remitted to the State Treasurer 30 under this subsection during the preceding calendar year. 31 (b-1) In addition to any other fines and court costs 32 assessed by the courts, any person convicted or receiving an 33 order of supervision for driving under the influence of 34 alcohol or drugs shall pay an additional fee of $5 to the SB1806 Engrossed -31- LRB9211445EGfgA 1 clerk of the circuit court. This amount, less 2 1/2% that 2 shall be used to defray administrative costs incurred by the 3 clerk, shall be remitted by the clerk to the Treasurer within 4 60 days after receipt for deposit into the Spinal Cord Injury 5 Paralysis Cure Research Trust Fund. This additional fee of 6 $5 shall not be considered a part of the fine for purposes of 7 any reduction in the fine for time served either before or 8 after sentencing. Not later than March 1 of each year the 9 Circuit Clerk shall submit a report of the amount of funds 10 remitted to the State Treasurer under this subsection during 11 the preceding calendar year. 12 (c) In addition to any other fines and court costs 13 assessed by the courts, any person convicted for a violation 14 of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 15 1961 or a person sentenced for a violation of the Cannabis 16 Control Act or the Controlled Substance Act shall pay an 17 additional fee of $100 to the clerk of the circuit court. 18 This amount, less 2 1/2% that shall be used to defray 19 administrative costs incurred by the clerk, shall be remitted 20 by the clerk to the Treasurer within 60 days after receipt 21 for deposit into the Trauma Center Fund. This additional fee 22 of $100 shall not be considered a part of the fine for 23 purposes of any reduction in the fine for time served either 24 before or after sentencing. Not later than March 1 of each 25 year the Circuit Clerk shall submit a report of the amount of 26 funds remitted to the State Treasurer under this subsection 27 during the preceding calendar year. 28 (c-1) In addition to any other fines and court costs 29 assessed by the courts, any person sentenced for a violation 30 of the Cannabis Control Act or the Illinois Controlled 31 Substances Act shall pay an additional fee of $5 to the clerk 32 of the circuit court. This amount, less 2 1/2% that shall be 33 used to defray administrative costs incurred by the clerk, 34 shall be remitted by the clerk to the Treasurer within 60 SB1806 Engrossed -32- LRB9211445EGfgA 1 days after receipt for deposit into the Spinal Cord Injury 2 Paralysis Cure Research Trust Fund. This additional fee of 3 $5 shall not be considered a part of the fine for purposes of 4 any reduction in the fine for time served either before or 5 after sentencing. Not later than March 1 of each year the 6 Circuit Clerk shall submit a report of the amount of funds 7 remitted to the State Treasurer under this subsection during 8 the preceding calendar year. 9 (d) The following amounts must be remitted to the State 10 Treasurer for deposit into the Illinois Animal Abuse Fund: 11 (1) 50% of the amounts collected for felony 12 offenses under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 13 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the 14 Humane Care for Animals Act and Section 26-5 of the 15 Criminal Code of 1961; 16 (2) 20% of the amounts collected for Class A and 17 Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 18 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the 19 Humane Care for Animals Act and Section 26-5 of the 20 Criminal Code of 1961; and 21 (3) 50% of the amounts collected for Class C 22 misdemeanors under Sections 4.01 and 7.1 of the Humane 23 Care for Animals Act and Section 26-5 of the Criminal 24 Code of 1961. 25(1) 50% of amounts collected for Class 4 felonies26under subsection (a), paragraph (4) of subsection (b),27and paragraphs (6), (7), (8.5), and (9) of subsection (c)28of Section 16 of the Humane Care for Animals Act and29Class 3 felonies under paragraph (5) of subsection (c) of30Section 16 of that Act.31(2) 20% of amounts collected for Class A32misdemeanors under subsection (a), paragraph (4) of33subsection (b), and paragraphs (6) and (7) of subsection34(c) of Section 16 of the Humane Care for Animals Act andSB1806 Engrossed -33- LRB9211445EGfgA 1Class B misdemeanors under paragraph (9) of subsection2(c) of Section 16 of that Act.3(3) 20% of amounts collected for Class B4misdemeanors under subsection (d) of Section 16 of the5Humane Care for Animals Act.6(4) 50% of amounts collected for Class C7misdemeanors under subsection (d) of Section 16 of the8Humane Care for Animals Act.9 (Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02; 10 revised 10-11-01.) 11 Section 15. The Criminal Code of 1961 is amended by 12 changing Section 26-5 as follows: 13 (720 ILCS 5/26-5) 14 Sec. 26-5. Dog fighting. (For other provisions that may 15 apply to dog fighting, see the Humane Care for Animals Act. 16 For provisions similar to this Section that apply to animals 17 other than dogs, see in particular Section 4.01 of the Humane 18 Care for Animals Act.) 19 (a) No person may own, capture, breed, train, or lease 20 any dog which he or she knows is intended for use in any 21 show, exhibition, program, or other activity featuring or 22 otherwise involving a fight between the dog and any other 23 animal or human, or the intentional killing of any dog for 24 the purpose of sport, wagering, or entertainment. 25 (b) No person may promote, conduct, carry on, advertise, 26 collect money for or in any other manner assist or aid in the 27 presentation for purposes of sport, wagering, or 28 entertainment of any show, exhibition, program, or other 29 activity involving a fight between 2 or more dogs or any dog 30 and human, or the intentional killing of any dog. 31 (c) No person may sell or offer for sale, ship, 32 transport, or otherwise move, or deliver or receive any dog SB1806 Engrossed -34- LRB9211445EGfgA 1 which he or she knows has been captured, bred, or trained, or 2 will be used, to fight another dog or human or be 3 intentionally killed for purposes of sport, wagering, or 4 entertainment. 5 (c-5) No person may solicit a minor to violate this 6 Section. 7 (d) No person may manufacture for sale, shipment, 8 transportation, or delivery any device or equipment which he 9 or she knows or should know is intended for use in any show, 10 exhibition, program, or other activity featuring or otherwise 11 involving a fight between 2 or more dogs, or any human and 12 dog, or the intentional killing of any dog for purposes of 13 sport, wagering, or entertainment. 14 (e) No person may own, possess, sell or offer for sale, 15 ship, transport, or otherwise move any equipment or device 16 which he or she knows or should know is intended for use in 17 connection with any show, exhibition, program, or activity 18 featuring or otherwise involving a fight between 2 or more 19 dogs, or any dog and human, or the intentional killing of any 20 dog for purposes of sport, wagering or entertainment. 21 (f) No person may knowingly make available any site, 22 structure, or facility, whether enclosed or not, that he or 23 she knows is intended to be used for the purpose of 24 conducting any show, exhibition, program, or other activity 25 involving a fight between 2 or more dogs, or any dog and 26 human, or the intentional killing of any dog or knowingly 27 manufacture, distribute, or deliver fittings to be used in a 28 fight between 2 or more dogs or a dog and human. 29 (g) No person may attend or otherwise patronize any 30 show, exhibition, program, or other activity featuring or 31 otherwise involving a fight between 2 or more dogs, or any 32 dog and human, or the intentional killing of any dog for 33 purposes of sport, wagering, or entertainment. 34 (h) No person may tie or attach or fasten any live SB1806 Engrossed -35- LRB9211445EGfgA 1 animal to any machine or device propelled by any power for 2 the purpose of causing the animal to be pursued by a dog or 3 dogs. This subsection (h) applies only when the dog is 4 intended to be used in a dog fight. 5 (i) Penalties for violations of this Section shall be as 6 follows: 7 (1) Any person convicted of violating subsection 8 (a), (b), or (c) of this Section is guilty of a Class 4 9 felony for a first violation and a Class 3 felony for a 10 second or subsequent violation, and may be fined an 11 amount not to exceed $50,000. 12 (1.5) A person who knowingly owns a dog for 13 fighting purposes or for producing a fight between 2 or 14 more dogs or a dog and human or who knowingly offers for 15 sale or sells a dog bred for fighting is guilty of a 16 Class 3 felony and may be fined an amount not to exceed 17 $50,000, if the dog participates in a dogfight and any of 18 the following factors is present: 19 (i) the dogfight is performed in the presence 20 of a person under 18 years of age; 21 (ii) the dogfight is performed for the purpose 22 of or in the presence of illegal wagering activity; 23 or 24 (iii) the dogfight is performed in furtherance 25 of streetgang related activity as defined in Section 26 10 of the Illinois Streetgang Terrorism Omnibus 27 Prevention Act. 28 (1.7) A person convicted of violating subsection 29 (c-5) of this Section is guilty of a Class A misdemeanor. 30 (2) Any person convicted of violating subsection 31 (d) or (e) of this Section is guilty of a Class A 32 misdemeanor for a first violation. A second or 33 subsequent violation of subsection (d) or (e) of this 34 Section is a Class 3 felony.if he or she knew or shouldSB1806 Engrossed -36- LRB9211445EGfgA 1have known that the device or equipment under subsection2(d) or (e) of this Section was to be used to carry out a3violation where the only animals involved were dogs. If4the person did not know or should not reasonably have5been expected to know that the only animals involved in6the violation were dogs, the penalty is a Class B7misdemeanor.8 (2.5) Any person convicted of violating subsection 9 (f) of this Section is guilty of a Class 4 felony. 10 (3) Any person convicted of violating subsection 11 (g) of this Section is guilty of a Class C misdemeanor 12 for a first violation. A second or subsequent violation 13 of subsection (g) of this Section is a Class B 14 misdemeanor. 15 (j) Any dog or equipment involved in a violation of this 16 Section shall be immediately seized and impounded under 17 Section 12 of the Humane Care for Animals Act when located at 18 any show, exhibition, program, or other activity featuring or 19 otherwise involving a dog fight for the purposes of sport, 20 wagering, or entertainment. 21 (k) Any vehicle or conveyance other than a common 22 carrier that is used in violation of this Section shall be 23 seized, held, and offered for sale at public auction by the 24 sheriff's department of the proper jurisdiction, and the 25 proceeds from the sale shall be remitted to the general fund 26 of the county where the violation took place. 27 (l) Any veterinarian in this State who is presented with 28 a dog for treatment of injuries or wounds resulting from 29 fighting where there is a reasonable possibility that the dog 30 was engaged in or utilized for a fighting event for the 31 purposes of sport, wagering, or entertainment shall file a 32 report with the Department of Agriculture and cooperate by 33 furnishing the owners' names, dates, and descriptions of the 34 dog or dogs involved. Any veterinarian who in good faith SB1806 Engrossed -37- LRB9211445EGfgA 1 complies with the requirements of this subsection has 2 immunity from any liability, civil, criminal, or otherwise, 3 that may result from his or her actions. For the purposes of 4 any proceedings, civil or criminal, the good faith of the 5 veterinarian shall be rebuttably presumed. 6 (m) In addition to any other penalty provided by law, 7 upon conviction for violating this Section, the court may 8 order that the convicted person and persons dwelling in the 9 same household as the convicted person who conspired, aided, 10 or abetted in the unlawful act that was the basis of the 11 conviction, or who knew or should have known of the unlawful 12 act, may not own, harbor, or have custody or control of any 13 dog or other animal for a period of time that the court deems 14 reasonable. 15(4) A second or subsequent violation of subsection16(a), (b), or (c) of this Section is a Class 3 felony. A17second or subsequent violation of subsection (d) or (e)18of this Section is a Class 3 felony, if in each violation19the person knew or should have known that the device or20equipment under subsection (d) or (e) of this Section was21to be used to carry out a violation where the only22animals involved were dogs. If the person did not know23or should not reasonably have been expected to know that24the only animals involved in the violation were dogs, a25second or subsequent violation of subsection (d) or (e)26of this Section is a Class A misdemeanor. A second or27subsequent violation of subsection (g) of this Section is28a Class B misdemeanor.29 (Source: P.A. 92-425, eff. 1-1-02.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law. SB1806 Engrossed -38- LRB9211445EGfgA 1 INDEX 2 Statutes amended in order of appearance 3 510 ILCS 70/3 from Ch. 8, par. 703 4 510 ILCS 70/3.01 from Ch. 8, par. 703.01 5 510 ILCS 70/3.02 6 510 ILCS 70/3.03 7 510 ILCS 70/3.04 8 510 ILCS 70/3.05 9 510 ILCS 70/4 from Ch. 8, par. 704 10 510 ILCS 70/4.01 from Ch. 8, par. 704.01 11 510 ILCS 70/4.02 from Ch. 8, par. 704.02 12 510 ILCS 70/4.03 from Ch. 8, par. 704.03 13 510 ILCS 70/4.04 from Ch. 8, par. 704.04 14 510 ILCS 70/5 from Ch. 8, par. 705 15 510 ILCS 70/5.01 16 510 ILCS 70/6 from Ch. 8, par. 706 17 510 ILCS 70/7 from Ch. 8, par. 707 18 510 ILCS 70/7.1 from Ch. 8, par. 707.1 19 510 ILCS 70/7.5 20 510 ILCS 70/7.15 21 510 ILCS 70/16 from Ch. 8, par. 716 22 705 ILCS 105/27.5 from Ch. 25, par. 27.5 23 705 ILCS 105/27.6 24 720 ILCS 5/26-5