Illinois General Assembly - Full Text of HB5143
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Full Text of HB5143  97th General Assembly

HB5143 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5143

 

Introduced 2/8/2012, by Rep. Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Animal Research and Production Facilities Protection Act. Adds definition for "deprive". Changes current prohibited acts into animal facility tampering and adds disrupting operations at the animal facility, if the operations directly relate to agricultural production, animal maintenance, veterinary care, or educational or scientific purposes. Creates the offense of animal facility interference for creating or possessing, without the consent of the owner, a visual or sound recording made at the animal facility, which reproduces a visual or audio experience occurring at the facility. Also includes in animal facility interference exercising control over the animal facility with the intent to deprive the facility of an animal or property, and entering a facility not open to the public. Animal facility interference is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Creates the offense of animal facility fraud that retains the current entering a facility under false pretenses, and by theft or deception obtain control over facility property. Adds to animal facility fraud making a false statement or representation on a facility employment application, with the intent to commit an act not authorized by the facility. Penalty for animal facility fraud is a Class 4 felony to a Class 1 felony depending on the amount of loss or damage inflicted. Adds to current civil remedies an authorization for civil damages of treble the amount of actual damages, plus court costs and attorney fees. Provides an exception to animal facility tampering and animal facility interference for certain persons.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Animal Research and Production Facilities
5Protection Act is amended by changing Sections 3, 4, 5, and 6
6and by adding Sections 4.3, 4.5, and 6.5 as follows:
 
7    (720 ILCS 215/3)  (from Ch. 8, par. 753)
8    Sec. 3. Definitions.
9    a) "Animal" means every living creature, domestic or wild,
10but does not include man.
11    (a-5) "Deprive" means to do any of the following with an
12animal maintained at an animal facility or property belonging
13to an animal facility:
14        (1) Withhold the animal or property for a period of
15    time sufficient to significantly reduce the value or
16    enjoyment of the animal or property.
17        (2) Withhold the animal or property for ransom or upon
18    condition to restore the animal or property in return for
19    compensation.
20        (3) Dispose of the animal or property in a manner that
21    makes recovery of the animal or property by its owner
22    unlikely.
23    b) "Director" means the Director of the Illinois Department

 

 

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1of Agriculture or the Director's authorized representative.
2    c) "Animal facility" means any facility engaging in legal
3scientific research or agricultural production of or involving
4the use of animals including any organization with a primary
5purpose of representing livestock production or processing,
6any organization with a primary purpose of promoting or
7marketing livestock or livestock products, any person licensed
8to practice veterinary medicine, any institution as defined in
9the Impounding and Disposition of Stray Animals Act, and any
10organization with a primary purpose of representing any such
11person, organization, or institution. "Animal facility" shall
12include the owner, operator, and employees of any animal
13facility and any premises where animals are located.
14(Source: P.A. 86-1397.)
 
15    (720 ILCS 215/4)  (from Ch. 8, par. 754)
16    Sec. 4. Animal facility tampering Prohibited Acts. A person
17commits animal facility tampering when he or she, without the
18consent of the owner, knowingly: It shall be unlawful for any
19person,
20    (1) releases, steals to release, steal, or otherwise
21intentionally cause the death, injury, or loss of any animal at
22or from an animal facility and not authorized by that facility;
23    (2) destroys, damages, vandalizes, alters, or steals to
24damage, vandalize, or steal any property in or on an animal
25facility, including but not limited to land, fixtures,

 

 

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1structures, equipment, machinery, vehicles, computer software,
2or computer data;
3    (2.5) disrupts operations conducted at the animal
4facility, if the operations directly relate to agricultural
5production, animal maintenance, veterinary care, or
6educational or scientific purposes;
7    (3) (Blank). to obtain access to an animal facility by
8false pretenses for the purpose of performing acts not
9authorized by that facility;
10    (4) enters to enter into an animal facility with an intent
11to destroy, damage, alter, duplicate, or obtain unauthorized
12possession of records, software, data, materials, equipment,
13or animals; or
14    (5) (Blank). by theft or deception knowingly to obtain
15control or to exert control over records, data, material,
16equipment, or animals of any animal facility for the purpose of
17depriving the rightful owner or animal facility of the records,
18material, data, equipment, or animals or for the purpose of
19concealing, abandoning, or destroying such records, material,
20data, equipment, or animals; or
21    (6) enters or remains to enter or remain on an animal
22facility with the intent to commit an act prohibited under this
23Section.
24(Source: P.A. 86-1397.)
 
25    (720 ILCS 215/4.3 new)

 

 

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1    Sec. 4.3. Animal facility interference.
2    (a) A person commits animal facility interference when he
3or she, without the consent of the owner, knowingly:
4        (1) creates a record, while on the property of the
5    animal facility, which reproduces by a photographic, audio
6    or similar medium an image or sound of a visual or audio
7    experience occurring at the animal facility;
8        (2) possesses or distributes a record which reproduces
9    by a photographic, audio or similar medium an image or
10    sound of a visual or audio experience occurring at the
11    animal facility;
12        (3) exercises control over the animal facility
13    including an animal maintained at the animal facility, with
14    the intent to deprive the animal facility of the animal or
15    property; or
16        (4) enters onto the animal facility, or remains at the
17    animal facility, when the person has notice that the
18    facility is not open to the public.
19    (b) A person has notice that an animal facility is not open
20to the public if the person is provided notice before entering
21the facility, or the person refuses to immediately leave the
22facility after being informed to leave. The notice may be in
23the form of a written or verbal communication by the owner, a
24fence or other enclosure designed to exclude intruders or
25contain animals, or a sign posted which is reasonably likely to
26come to the attention of an intruder and which indicates that

 

 

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1entry is forbidden.
 
2    (720 ILCS 215/4.5 new)
3    Sec. 4.5. Animal facility fraud. A person commits animal
4facility fraud when he or she knowingly:
5    (1) obtains access to an animal facility by false pretenses
6for the purpose of performing acts not authorized by that
7facility;
8    (2) by theft or deception obtains control or exerts control
9over records, data, material, equipment, or animals of any
10animal facility for the purpose of depriving the rightful owner
11or animal facility of the records, material, data, equipment,
12or animals or for the purpose of concealing, abandoning, or
13destroying such records, material, data, equipment, or
14animals; or
15    (3) makes a false statement or representation as part of an
16application to be employed at the animal facility, with the
17intent to commit an act not authorized by that facility.
 
18    (720 ILCS 215/5)  (from Ch. 8, par. 755)
19    Sec. 5. Penalties.
20    (a) (1) Any person who commits animal facility tampering or
21    animal facility fraud is violates any provision of Section
22    4 shall be guilty of a Class 4 felony for each such
23    violation, unless the loss, theft, or damage to the animal
24    facility property exceeds $300 in value.

 

 

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1        (2) If the loss, theft, or damage to the animal
2    facility property exceeds $300 in value but does not exceed
3    $10,000 in value, the person is guilty of a Class 3 felony.
4        (3) If the loss, theft, or damage to the animal
5    facility property exceeds $10,000 in value but does not
6    exceed $100,000 in value, the person is guilty of a Class 2
7    felony.
8        (4) If the loss, theft, or damage to the animal
9    facility property exceeds $100,000 in value, the person is
10    guilty of a Class 1 felony.
11    (a-5) Any person who commits animal facility interference
12is guilty of a Class A misdemeanor for a first offense and a
13Class 4 felony for a second or subsequent offense.
14    (b) Any person who, with the intent that any violation of
15any provision of Sections 4, 4.3, or 4.5 Section 4 be
16committed, agrees with another to the commission of the
17violation and commits an act in furtherance of this agreement
18is guilty of the same class of offense felony as provided in
19this Section subsection (a) for that violation.
20    (c) Restitution.
21        (1) Court shall conduct a hearing to determine the
22    reasonable cost of replacing materials, data, equipment,
23    animals and records that may have been damaged, destroyed,
24    lost or cannot be returned, and the reasonable cost of
25    repeating any experimentation that may have been
26    interrupted or invalidated as a result of a violation of

 

 

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1    Sections 4, 4.3, or 4.5 Section 4.
2        (2) Any persons convicted of a such violation of
3    Sections 4, 4.3, or 4.5 shall be ordered jointly and
4    severally to make restitution to the owner, operator, or
5    both, of the animal facility in the full amount of the
6    reasonable cost determined under paragraph (1).
7(Source: P.A. 86-1397.)
 
8    (720 ILCS 215/6)  (from Ch. 8, par. 756)
9    Sec. 6. Private rights of action. Nothing in this Act shall
10preclude any animal facility injured in its business or
11property by a violation of this Act from seeking appropriate
12relief under any other provision of law or remedy including
13damages of treble the amount of actual damages and the issuance
14of a permanent injunction against any person who violates any
15provision of this Act. The animal facility owner or operator
16may petition the court to permanently enjoin such person from
17violating this Act and the court shall provide such relief.
18(Source: P.A. 86-1397.)
 
19    (720 ILCS 215/6.5 new)
20    Sec. 6.5. Animal facility offense exemptions. Sections 4
21and 4.3 do not apply to the conduct of the following persons or
22entities:
23    (1) A person holding a legal interest in the animal
24facility, an animal maintained at the animal facility, or other

 

 

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1property kept at the animal facility if the legal interest is
2superior to the legal interest held by the person incurring
3damages resulting from the conduct.
4    (2) A governmental agency or officer who is taking lawful
5action involving an animal facility, an animal maintained at
6the animal facility, or other property kept at the animal
7facility.
8    (3) A licensed veterinarian practicing veterinary medicine
9according to customary standards of care.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 215/3from Ch. 8, par. 753
4    720 ILCS 215/4from Ch. 8, par. 754
5    720 ILCS 215/4.3 new
6    720 ILCS 215/4.5 new
7    720 ILCS 215/5from Ch. 8, par. 755
8    720 ILCS 215/6from Ch. 8, par. 756
9    720 ILCS 215/6.5 new