[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
91_HB1153eng HB1153 Engrossed LRB9104021LDmb 1 AN ACT to amend the Humane Care for Animals Act by adding 2 Section 4.05 and changing Section 16. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Humane Care for Animals Act is amended by 6 adding Section 4.05 and changing Section 16 as follows: 7 (510 ILCS 70/4.05 new) 8 Sec. 4.05. Greyhound race simulcast prohibited. No 9 person shall transmit or receive interstate or intrastate 10 simulcasting of greyhound races for commercial purposes in 11 this State. 12 (510 ILCS 70/16) (from Ch. 8, par. 716) 13 Sec. 16. Violations; punishment; injunctions. 14 (a) Any person convicted of violating Sections 5, 5.01, 15 or 6 of this Act or any rule, regulation, or order of the 16 Department pursuant thereto, is guilty of a Class C 17 misdemeanor. 18 (b)(1) This subsection (b) does not apply where the 19 only animals involved in the violation are dogs. 20 (2) Any person convicted of violating subsection 21 (a), (b), (c) or (h) of Section 4.01 of this Act or any 22 rule, regulation, or order of the Department pursuant 23 thereto, is guilty of a Class A misdemeanor. 24 (3) A second or subsequent offense involving the 25 violation of subsection (a), (b) or (c) of Section 4.01 26 of this Act or any rule, regulation, or order of the 27 Department pursuant thereto is a Class 4 felony. 28 (4) Any person convicted of violating subsection 29 (d), (e) or (f) of Section 4.01 of this Act or any rule, 30 regulation, or order of the Department pursuant thereto, HB1153 Engrossed -2- LRB9104021LDmb 1 is guilty of a Class B misdemeanor. 2 (5) Any person convicted of violating subsection 3 (g) of Section 4.01 of this Act or any rule, regulation, 4 or order of the Department pursuant thereto is guilty of 5 a Class C misdemeanor. 6 (c)(1) This subsection (c) applies exclusively 7 where the only animals involved in the violation are 8 dogs. 9 (2) Any person convicted of violating subsection 10 (a), (b) or (c) of Section 4.01 of this Act or any rule, 11 regulation or order of the Department pursuant thereto is 12 guilty of a Class 4 felony and may be fined an amount not 13 to exceed $50,000. 14 (3) Any person convicted of violating subsection 15 (d), (e) or (f) of Section 4.01 of this Act or any rule, 16 regulation or order of the Department pursuant thereto is 17 guilty of Class A misdemeanor, if such person knew or 18 should have known that the device or equipment under 19 subsection (d) or (e) of that Section or the site, 20 structure or facility under subsection (f) of that 21 Section was to be used to carry out a violation where the 22 only animals involved were dogs. Where such person did 23 not know or should not reasonably have been expected to 24 know that the only animals involved in the violation were 25 dogs, the penalty shall be same as that provided for in 26 paragraph (4) of subsection (b). 27 (4) Any person convicted of violating subsection 28 (g) of Section 4.01 of this Act or any rule, regulation 29 or order of the Department pursuant thereto is guilty of 30 a Class C misdemeanor. 31 (5) A second or subsequent violation of subsection 32 (a), (b) or (c) of Section 4.01 of this Act or any rule, 33 regulation or order of the Department pursuant thereto is 34 a Class 3 felony. A second or subsequent violation of HB1153 Engrossed -3- LRB9104021LDmb 1 subsection (d), (e) or (f) of Section 4.01 of this Act or 2 any rule, regulation or order of the Department adopted 3 pursuant thereto is a Class 3 felony, if in each 4 violation the person knew or should have known that the 5 device or equipment under subsection (d) or (e) of that 6 Section or the site, structure or facility under 7 subsection (f) of that Section was to be used to carry 8 out a violation where the only animals involved were 9 dogs. Where such person did not know or should not 10 reasonably have been expected to know that the only 11 animals involved in the violation were dogs, a second or 12 subsequent violation of subsection (d), (e) or (f) of 13 Section 4.01 of this Act or any rule, regulation or order 14 of the Department adopted pursuant thereto is a Class A 15 misdemeanor. A second or subsequent violation of 16 subsection (g) is a Class B misdemeanor. 17 (6) Any person convicted of violating Section 3.01 18 of this Act is guilty of a Class C misdemeanor. A second 19 conviction for a violation of Section 3.01 is a Class B 20 misdemeanor. A third or subsequent conviction for a 21 violation of Section 3.01 is a Class A misdemeanor. 22 (7) Any person convicted of violating Section 4.03 23 is guilty of a Class B misdemeanor. 24 (8) Any person convicted of violating Section 4.04 25 is guilty of a Class A misdemeanor where the animal is 26 not killed or totally disabled, but if the animal is 27 killed or totally disabled such person shall be guilty of 28 a Class 4 felony. 29 (8.5) A person convicted of violating subsection 30 (a) of Section 7.15 is guilty of a Class B misdemeanor. 31 A person convicted of violating subsection (b) or (c) of 32 Section 7.15 is (i) guilty of a Class A misdemeanor if 33 the dog is not killed or totally disabled and (ii) if the 34 dog is killed or totally disabled, guilty of a Class 4 HB1153 Engrossed -4- LRB9104021LDmb 1 felony and may be ordered by the court to make 2 restitution to the disabled person having custody or 3 ownership of the dog for veterinary bills and replacement 4 costs of the dog. 5 (9) Any person convicted of violating any other 6 provision of this Act, or any rule, regulation, or order 7 of the Department pursuant thereto, is guilty of a Class 8 C misdemeanor with every day that a violation continues 9 constituting a separate offense. 10 (10) A person convicted of violating Section 4.05 11 is guilty of a Class A misdemeanor. 12 (d) Any person convicted of violating Section 7.1 is 13 guilty of a petty offense. A second or subsequent conviction 14 for a violation of Section 7.1 is a Class C misdemeanor. 15 (e) Any person convicted of violating Section 3.02 is 16 guilty of a Class A misdemeanor. 17 (f) The Department may enjoin a person from a continuing 18 violation of this Act. 19 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96; 20 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)