Public Act 90-0080 of the 90th General Assembly
Public Act 90-0080
HB0978 Enrolled LRB9003032NTsb
AN ACT to amend the Humane Care for Animals Act by
changing Sections 4.03, 4.04, and 16 and adding Section 2.08.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Humane Care for Animals Act is amended by
changing Sections 4.03, 4.04, and 16 and adding Section 2.08
as follows:
(510 ILCS 70/2.08 new)
Sec. 2.08. Police animal. "Police animal" means any
animal owned or used by a law enforcement department or
agency in the course of the department or agency's work.
(510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
Sec. 4.03. Teasing, striking or tampering with Police
Animals Dogs Prohibited. It shall be unlawful for any person
to willfully and maliciously taunt, torment, tease, beat,
strike, or administer or subject any desensitizing drugs,
chemicals or substance to any animal dog used by a law
enforcement officer in the performance of his functions or
duties, or when placed in confinement a kennel off duty; or
to interfere or meddle with any such animal dog used by a law
enforcement department or agency or any handler thereof in
the performance of the functions or duties of the said
department or agency.
(Source: P.A. 85-800.)
(510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
Sec. 4.04. Injury or Killing Police Animals Dogs
Prohibited. It shall be unlawful for any person to willfully
or maliciously torture, mutilate, injure, disable, poison or
kill any animal dog used by a law enforcement department or
agency in the performance of the functions or duties of such
department or when placed in confinement a kennel off duty.
However, a police officer or veterinarian may perform
euthanasia in emergency situations when delay would cause the
animal dog undue suffering and pain.
(Source: P.A. 85-800.)
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Violations; punishment; injunctions.
(a) Any person convicted of violating Sections 5, 5.01,
or 6 of this Act or any rule, regulation, or order of the
Department pursuant thereto, is guilty of a Class C
misdemeanor.
(b) (1) This subsection (b) does not apply where the
only animals involved in the violation are dogs.
(2) Any person convicted of violating subsection
(a), (b), (c) or (h) of Section 4.01 of this Act or any
rule, regulation, or order of the Department pursuant
thereto, is guilty of a Class A misdemeanor.
(3) A second or subsequent offense involving the
violation of subsection (a), (b) or (c) of Section 4.01
of this Act or any rule, regulation, or order of the
Department pursuant thereto is a Class 4 felony.
(4) Any person convicted of violating subsection
(d), (e) or (f) of Section 4.01 of this Act or any rule,
regulation, or order of the Department pursuant thereto,
is guilty of a Class B misdemeanor.
(5) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation,
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(c) (1) This subsection (c) applies exclusively where
the only animals involved in the violation are dogs.
(2) Any person convicted of violating subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of a Class 4 felony and may be fined an amount not
to exceed $50,000.
(3) Any person convicted of violating subsection
(d), (e) or (f) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of Class A misdemeanor, if such person knew or
should have known that the device or equipment under
subsection (d) or (e) of that Section or the site,
structure or facility under subsection (f) of that
Section was to be used to carry out a violation where the
only animals involved were dogs. Where such person did
not know or should not reasonably have been expected to
know that the only animals involved in the violation were
dogs, the penalty shall be same as that provided for in
paragraph (4) of subsection (b).
(4) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(5) A second or subsequent violation of subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
a Class 3 felony. A second or subsequent violation of
subsection (d), (e) or (f) of Section 4.01 of this Act or
any rule, regulation or order of the Department adopted
pursuant thereto is a Class 3 felony, if in each
violation the person knew or should have known that the
device or equipment under subsection (d) or (e) of that
Section or the site, structure or facility under
subsection (f) of that Section was to be used to carry
out a violation where the only animals involved were
dogs. Where such person did not know or should not
reasonably have been expected to know that the only
animals involved in the violation were dogs, a second or
subsequent violation of subsection (d), (e) or (f) of
Section 4.01 of this Act or any rule, regulation or order
of the Department adopted pursuant thereto is a Class A
misdemeanor. A second or subsequent violation of
subsection (g) is a Class B misdemeanor.
(6) Any person convicted of violating Section 3.01
of this Act is guilty of a Class C misdemeanor. A second
conviction for a violation of Section 3.01 is a Class B
misdemeanor. A third or subsequent conviction for a
violation of Section 3.01 is a Class A misdemeanor.
(7) Any person convicted of violating Section 4.03
is guilty of a Class B misdemeanor.
(8) Any person convicted of violating Section 4.04
is guilty of a Class A misdemeanor where the animal dog
is not killed or totally disabled, but if the animal dog
is killed or totally disabled such person shall be guilty
of a Class 4 felony.
(8.5) A person convicted of violating subsection
(a) of Section 7.15 is guilty of a Class B misdemeanor.
A person convicted of violating subsection (b) or (c) of
Section 7.15 is (i) guilty of a Class A misdemeanor if
the dog is not killed or totally disabled and (ii) if the
dog is killed or totally disabled, guilty of a Class 4
felony and may be ordered by the court to make
restitution to the disabled person having custody or
ownership of the dog for veterinary bills and replacement
costs of the dog.
(9) Any person convicted of violating any other
provision of this Act, or any rule, regulation, or order
of the Department pursuant thereto, is guilty of a Class
C misdemeanor with every day that a violation continues
constituting a separate offense.
(d) Any person convicted of violating Section 7.1 is
guilty of a petty offense. A second or subsequent conviction
for a violation of Section 7.1 is a Class C misdemeanor.
(e) Any person convicted of violating Section 3.02 is
guilty of a Class A misdemeanor.
The Department may enjoin a person from a continuing
violation of this Act.
(Source: P.A. 88-66; 88-600, eff. 9-1-94; 89-455, eff.
5-20-96; 89-689, eff. 12-31-96; revised 1-14-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.