State of Illinois
91st General Assembly
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Public Act 91-0291

HB0810 Enrolled                                LRB9103539DHmg

    AN ACT to amend  the  Humane  Care  for  Animals  Act  by
changing Section 16.

    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 Section 16 as follows:

    (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 is
    not killed or totally disabled,  but  if  the  animal  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.    A  second  or  subsequent
violation is a Class 4 felony.
    (f)  The Department may enjoin a person from a continuing
violation of this Act.
(Source:  P.A.  89-455,  eff. 5-20-96; 89-689, eff. 12-31-96;
90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)

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