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92nd General Assembly

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Public Act 92-0723

HB5639 Enrolled                                LRB9214907REsb

    AN ACT concerning police animals.

    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 subsection (l) of
Section 4.01 or 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 A  misdemeanor.   A  second  or
subsequent  violation  of  Section 5, 5.01, or 6 is a Class 4
felony.
         (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  A  misdemeanor.   A  second  or
    subsequent violation is a Class 4 felony.
         (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.  A person who knowingly owns a dog for
    fighting purposes or for producing a fight between  2  or
    more  dogs or a dog and human or who knowingly offers for
    sale or sells a dog bred for  fighting  is  guilty  of  a
    Class  3  felony  if  any  of  the  following  factors is
    present:
              (i)  the dogfight is performed in the  presence
         of a person under 18 years of age;
              (ii)  the dogfight is performed for the purpose
         of  or in the presence of illegal wagering activity;
         or
              (iii)  the dogfight is performed in furtherance
         of streetgang related activity as defined in Section
         10 of  the  Illinois  Streetgang  Terrorism  Omnibus
         Prevention Act.
         (3)  Any  person  convicted  of violating subsection
    (d) or (e) of Section 4.01  of  this  Act  or  any  rule,
    regulation or order of the Department pursuant thereto is
    guilty of Class A misdemeanor.
         (3.5)  Any  person convicted of violating subsection
    (f) of Section 4.01 is guilty of a Class 4 felony.
         (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) or (e) 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 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)
    or  (e)  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 A misdemeanor.  A second
    or subsequent conviction for a violation of Section  3.01
    is a Class 4 felony.
         (7)  Any  person convicted of violating Section 4.03
    is  guilty  of  a  Class  A  misdemeanor.   A  second  or
    subsequent violation is a Class 4 felony.
         (8)  Any person convicted of violating Section  4.04
    is  guilty  of  a  Class 4 felony 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 3 4 felony.
         (8.5)  A  person  convicted  of violating subsection
    (a) of Section 7.15 is guilty of a Class  A  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.  A second or subsequent violation is  a
    Class 4 felony.
         (9)  Any  person convicted of any other act of abuse
    or neglect or of violating any other  provision  of  this
    Act,  or any rule, regulation, or order of the Department
    pursuant thereto, is guilty of a Class B misdemeanor.   A
    second  or  subsequent violation is a Class 4 felony with
    every day  that  a  violation  continues  constituting  a
    separate offense.
    (d)  Any  person  convicted  of  violating Section 7.1 is
guilty of a Class C  misdemeanor.   A  second  or  subsequent
conviction  for  a  violation  of  Section  7.1  is a Class B
misdemeanor.
    (e)  Any person convicted of violating  Section  3.02  is
guilty of a Class 4 felony.  A second or subsequent violation
is a Class 3 felony.
    (f)  The Department may enjoin a person from a continuing
violation of this Act.
    (g)  Any  person  convicted  of violating Section 3.03 is
guilty of a Class 3 felony.   As a condition of the  sentence
imposed  under  this  Section,  the  court  shall  order  the
offender to undergo a psychological or psychiatric evaluation
and  to  undergo  treatment  that  the court determines to be
appropriate after due consideration of the evaluation.
    (h)  In addition to any other penalty  provided  by  law,
upon  a  conviction  for violating Sections 3, 3.01, 3.02, or
3.03 the court may order the convicted person  to  undergo  a
psychological  or  psychiatric  evaluation and to undergo any
treatment at the convicted person's expense  that  the  court
determines  to  be appropriate after due consideration of the
evaluation. If the  convicted  person  is  a  juvenile  or  a
companion  animal hoarder, the court must order the convicted
person to undergo a psychological or  psychiatric  evaluation
and  to  undergo  treatment  that  the court determines to be
appropriate after due consideration of the evaluation.
    (i)  In addition to any other penalty  provided  by  law,
upon conviction for violating Sections 3, 3.01, 3.02, or 3.03
the  court  may  order  the convicted person to forfeit to an
animal control or animal shelter the animal or  animals  that
are   the  basis  of  the  conviction.   Upon   an  order  of
forfeiture,  the  convicted  person   is   deemed   to   have
permanently  relinquished all rights to the animal or animals
that are the basis of the conviction.  The  forfeited  animal
or  animals  shall  be adopted or humanely euthanized.  In no
event may the convicted person or anyone residing in  his  or
her  household  be permitted to adopt the forfeited animal or
animals.  The  court,  additionally,  may  order   that   the
convicted  person  and persons dwelling in the same household
as the convicted person who conspired, aided, or  abetted  in
the unlawful act that was the basis of the conviction, or who
knew  or  should have known of the unlawful act, may not own,
harbor, or have custody or control of any other animals for a
period of time that the court deems reasonable.
(Source: P.A. 91-291,  eff.  1-1-00;  91-351,  eff.  7-29-99;
91-357,  eff.  7-29-99;  92-16,  eff.  6-28-01;  92-425, eff.
1-1-02; 92-454, eff. 1-1-02; revised 10-11-01.)
    Passed in the General Assembly May 08, 2002.
    Approved July 25, 2002.
    Effective January 01, 2003.

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