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Full Text of HB5790  96th General Assembly

HB5790eng 96TH GENERAL ASSEMBLY

  
  
  

 


 
HB5790 Engrossed LRB096 16744 RLC 33899 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 26-5 as follows:
 
6     (720 ILCS 5/26-5)
7     Sec. 26-5. Dog fighting. (For other provisions that may
8 apply to dog fighting, see the Humane Care for Animals Act. For
9 provisions similar to this Section that apply to animals other
10 than dogs, see in particular Section 4.01 of the Humane Care
11 for Animals Act.)
12     (a) No person may own, capture, breed, train, or lease any
13 dog which he or she knows is intended for use in any show,
14 exhibition, program, or other activity featuring or otherwise
15 involving a fight between the dog and any other animal or
16 human, or the intentional killing of any dog for the purpose of
17 sport, wagering, or entertainment.
18     (b) No person may promote, conduct, carry on, advertise,
19 collect money for or in any other manner assist or aid in the
20 presentation for purposes of sport, wagering, or entertainment
21 of any show, exhibition, program, or other activity involving a
22 fight between 2 or more dogs or any dog and human, or the
23 intentional killing of any dog.

 

 

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1     (c) No person may sell or offer for sale, ship, transport,
2 or otherwise move, or deliver or receive any dog which he or
3 she knows has been captured, bred, or trained, or will be used,
4 to fight another dog or human or be intentionally killed for
5 purposes of sport, wagering, or entertainment.
6     (c-5) No person may solicit a minor to violate this
7 Section.
8     (d) No person may manufacture for sale, shipment,
9 transportation, or delivery any device or equipment which he or
10 she knows or should know is intended for use in any show,
11 exhibition, program, or other activity featuring or otherwise
12 involving a fight between 2 or more dogs, or any human and dog,
13 or the intentional killing of any dog for purposes of sport,
14 wagering, or entertainment.
15     (e) No person may own, possess, sell or offer for sale,
16 ship, transport, or otherwise move any equipment or device
17 which he or she knows or should know is intended for use in
18 connection with any show, exhibition, program, or activity
19 featuring or otherwise involving a fight between 2 or more
20 dogs, or any dog and human, or the intentional killing of any
21 dog for purposes of sport, wagering or entertainment.
22     (f) No person may knowingly make available any site,
23 structure, or facility, whether enclosed or not, that he or she
24 knows is intended to be used for the purpose of conducting any
25 show, exhibition, program, or other activity involving a fight
26 between 2 or more dogs, or any dog and human, or the

 

 

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1 intentional killing of any dog or knowingly manufacture,
2 distribute, or deliver fittings to be used in a fight between 2
3 or more dogs or a dog and human.
4     (g) No person may knowingly attend or otherwise patronize
5 any show, exhibition, program, or other activity featuring or
6 otherwise involving a fight between 2 or more dogs, or any dog
7 and human, or the intentional killing of any dog for purposes
8 of sport, wagering, or entertainment.
9     (h) No person may tie or attach or fasten any live animal
10 to any machine or device propelled by any power for the purpose
11 of causing the animal to be pursued by a dog or dogs. This
12 subsection (h) applies only when the dog is intended to be used
13 in a dog fight.
14     (i) Penalties for violations of this Section shall be as
15 follows:
16         (1) Any person convicted of violating subsection (a),
17     (b), or (c), or (h) of this Section is guilty of a Class 4
18     felony for a first violation and a Class 3 felony for a
19     second or subsequent violation, and may be fined an amount
20     not to exceed $50,000.
21         (1.5) A person who knowingly owns a dog for fighting
22     purposes or for producing a fight between 2 or more dogs or
23     a dog and human or who knowingly offers for sale or sells a
24     dog bred for fighting is guilty of a Class 3 felony and may
25     be fined an amount not to exceed $50,000, if the dog
26     participates in a dogfight and any of the following factors

 

 

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1     is present:
2             (i) the dogfight is performed in the presence of a
3         person under 18 years of age;
4             (ii) the dogfight is performed for the purpose of
5         or in the presence of illegal wagering activity; or
6             (iii) the dogfight is performed in furtherance of
7         streetgang related activity as defined in Section 10 of
8         the Illinois Streetgang Terrorism Omnibus Prevention
9         Act.
10         (1.7) A person convicted of violating subsection (c-5)
11     of this Section is guilty of a Class 4 felony.
12         (2) Any person convicted of violating subsection (d) or
13     (e) of this Section is guilty of a Class 4 felony for a
14     first violation. A second or subsequent violation of
15     subsection (d) or (e) of this Section is a Class 3 felony.
16         (2.5) Any person convicted of violating subsection (f)
17     of this Section is guilty of a Class 4 felony. Any person
18     convicted of violating subsection (f) of this Section in
19     which the site, structure, or facility made available to
20     violate subsection (f) is located within 1,000 feet of a
21     school, public park, playground, child care institution,
22     day care center, part day child care facility, day care
23     home, group day care home, or a facility providing programs
24     or services exclusively directed toward persons under 18
25     years of age is guilty of a Class 3 felony for a first
26     violation and a Class 2 felony for a second or subsequent

 

 

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1     violation.
2         (3) Any person convicted of violating subsection (g) of
3     this Section is guilty of a Class 4 felony for a first
4     violation. A second or subsequent violation of subsection
5     (g) of this Section is a Class 3 felony. If a person under
6     13 years of age is present at any show, exhibition,
7     program, or other activity prohibited in subsection (g),
8     the parent, legal guardian, or other person who is 18 years
9     of age or older who brings that person under 13 years of
10     age to that show, exhibition, program, or other activity is
11     guilty of a Class 3 4 felony for a first violation and a
12     Class 2 3 felony for a second or subsequent violation.
13     (i-5) A person who commits a felony violation of this
14 Section is subject to the property forfeiture provisions set
15 forth in Article 124B of the Code of Criminal Procedure of
16 1963.
17     (j) Any dog or equipment involved in a violation of this
18 Section shall be immediately seized and impounded under Section
19 12 of the Humane Care for Animals Act when located at any show,
20 exhibition, program, or other activity featuring or otherwise
21 involving a dog fight for the purposes of sport, wagering, or
22 entertainment.
23     (k) Any vehicle or conveyance other than a common carrier
24 that is used in violation of this Section shall be seized,
25 held, and offered for sale at public auction by the sheriff's
26 department of the proper jurisdiction, and the proceeds from

 

 

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1 the sale shall be remitted to the general fund of the county
2 where the violation took place.
3     (l) Any veterinarian in this State who is presented with a
4 dog for treatment of injuries or wounds resulting from fighting
5 where there is a reasonable possibility that the dog was
6 engaged in or utilized for a fighting event for the purposes of
7 sport, wagering, or entertainment shall file a report with the
8 Department of Agriculture and cooperate by furnishing the
9 owners' names, dates, and descriptions of the dog or dogs
10 involved. Any veterinarian who in good faith complies with the
11 requirements of this subsection has immunity from any
12 liability, civil, criminal, or otherwise, that may result from
13 his or her actions. For the purposes of any proceedings, civil
14 or criminal, the good faith of the veterinarian shall be
15 rebuttably presumed.
16     (m) In addition to any other penalty provided by law, upon
17 conviction for violating this Section, the court may order that
18 the convicted person and persons dwelling in the same household
19 as the convicted person who conspired, aided, or abetted in the
20 unlawful act that was the basis of the conviction, or who knew
21 or should have known of the unlawful act, may not own, harbor,
22 or have custody or control of any dog or other animal for a
23 period of time that the court deems reasonable.
24     (n) A violation of subsection (a) of this Section may be
25 inferred from evidence that the accused possessed any device or
26 equipment described in subsection (d), (e), or (h) of this

 

 

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1 Section, and also possessed any dog.
2     (o) When no longer required for investigations or court
3 proceedings relating to the events described or depicted
4 therein, evidence relating to convictions for violations of
5 this Section shall be retained and made available for use in
6 training peace officers in detecting and identifying
7 violations of this Section. Such evidence shall be made
8 available upon request to other law enforcement agencies and to
9 schools certified under the Illinois Police Training Act.
10     (p) For the purposes of this Section, "school" has the
11 meaning ascribed to it in Section 11-9.3 of this Code; and
12 "public park", "playground", "child care institution", "day
13 care center", "part day child care facility", "day care home",
14 "group day care home", and "facility providing programs or
15 services exclusively directed toward persons under 18 years of
16 age" have the meanings ascribed to them in Section 11-9.4 of
17 this Code.
18 (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
19 revised 10-1-09.)