State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ]

90_HB0978eng

      510 ILCS 70/2.08 new
      510 ILCS 70/4.03          from Ch. 8, par. 704.03
      510 ILCS 70/4.04          from Ch. 8, par. 704.04
      510 ILCS 70/16            from Ch. 8, par. 716
          Amends the Humane Care for  Animals  Act  to  add  police
      animals  to  provisions  concerning  the  prohibition against
      teasing,  striking,  or  tampering  with  police   dogs   and
      injurying or killing police dogs.  Effective immediately.
                                                     LRB9003032NTsb
HB0978 Engrossed                               LRB9003032NTsb
 1        AN  ACT  to  amend  the  Humane  Care  for Animals Act by
 2    changing Sections 4.03, 4.04, and 16 and adding Section 2.08.
 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    changing  Sections 4.03, 4.04, and 16 and adding Section 2.08
 7    as follows:
 8        (510 ILCS 70/2.08 new)
 9        Sec. 2.08.  Police animal.   "Police  animal"  means  any
10    animal  owned  or  used  by  a  law enforcement department or
11    agency in the course of the department or agency's work.
12        (510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
13        Sec. 4.03.  Teasing, striking or  tampering  with  Police
14    Animals Dogs Prohibited.  It shall be unlawful for any person
15    to  willfully  and  maliciously  taunt, torment, tease, beat,
16    strike, or administer or  subject  any  desensitizing  drugs,
17    chemicals  or  substance  to  any  animal  dog  used by a law
18    enforcement officer in the performance of  his  functions  or
19    duties,  or  when placed in confinement a kennel off duty; or
20    to interfere or meddle with any such animal dog used by a law
21    enforcement department or agency or any  handler  thereof  in
22    the  performance  of  the  functions  or  duties  of the said
23    department or agency.
24    (Source: P.A. 85-800.)
25        (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
26        Sec.  4.04.   Injury  or  Killing  Police  Animals   Dogs
27    Prohibited.  It shall be unlawful for any person to willfully
28    or  maliciously torture, mutilate, injure, disable, poison or
29    kill any animal dog used by a law enforcement  department  or
HB0978 Engrossed            -2-                LRB9003032NTsb
 1    agency  in the performance of the functions or duties of such
 2    department or when placed in confinement a kennel  off  duty.
 3    However,   a  police  officer  or  veterinarian  may  perform
 4    euthanasia in emergency situations when delay would cause the
 5    animal dog undue suffering and pain.
 6    (Source: P.A. 85-800.)
 7        (510 ILCS 70/16) (from Ch. 8, par. 716)
 8        Sec. 16.  Violations; punishment; injunctions.
 9        (a)  Any person convicted of violating Sections 5,  5.01,
10    or  6  of  this Act  or any rule, regulation, or order of the
11    Department  pursuant  thereto,  is  guilty  of  a   Class   C
12    misdemeanor.
13        (b) (1)  This  subsection  (b)  does  not apply where the
14        only animals involved in the violation are dogs.
15             (2)  Any person convicted  of  violating  subsection
16        (a),  (b),  (c) or (h) of Section 4.01 of this Act or any
17        rule, regulation, or order  of  the  Department  pursuant
18        thereto, is guilty of a Class A misdemeanor.
19             (3)  A  second  or  subsequent offense involving the
20        violation of subsection (a), (b) or (c) of  Section  4.01
21        of  this  Act  or  any  rule, regulation, or order of the
22        Department pursuant thereto is a Class 4 felony.
23             (4)  Any person convicted  of  violating  subsection
24        (d),  (e) or (f) of Section 4.01 of this Act or any rule,
25        regulation, or order of the Department pursuant  thereto,
26        is guilty of a Class B misdemeanor.
27             (5)  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        (c) (1)  This subsection (c)  applies  exclusively  where
32        the only animals involved in the violation are dogs.
33             (2)  Any  person  convicted  of violating subsection
HB0978 Engrossed            -3-                LRB9003032NTsb
 1        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
 2        regulation or order of the Department pursuant thereto is
 3        guilty of a Class 4 felony and may be fined an amount not
 4        to exceed $50,000.
 5             (3)  Any  person  convicted  of violating subsection
 6        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
 7        regulation or order of the Department pursuant thereto is
 8        guilty  of  Class  A  misdemeanor, if such person knew or
 9        should have known that  the  device  or  equipment  under
10        subsection  (d)  or  (e)  of  that  Section  or the site,
11        structure  or  facility  under  subsection  (f)  of  that
12        Section was to be used to carry out a violation where the
13        only animals involved were dogs.  Where such  person  did
14        not  know  or should not reasonably have been expected to
15        know that the only animals involved in the violation were
16        dogs, the penalty shall be same as that provided  for  in
17        paragraph (4) of subsection (b).
18             (4)  Any  person  convicted  of violating subsection
19        (g) of Section 4.01 of this Act or any  rule,  regulation
20        or order of the Department pursuant thereto is  guilty of
21        a Class C misdemeanor.
22             (5)  A  second or subsequent violation of subsection
23        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
24        regulation or order of the Department pursuant thereto is
25        a  Class  3  felony.  A second or subsequent violation of
26        subsection (d), (e) or (f) of Section 4.01 of this Act or
27        any rule, regulation or order of the  Department  adopted
28        pursuant  thereto  is  a  Class  3  felony,  if  in  each
29        violation  the  person knew or should have known that the
30        device or equipment under subsection (d) or (e)  of  that
31        Section   or   the  site,  structure  or  facility  under
32        subsection (f) of that Section was to be  used  to  carry
33        out  a  violation  where  the  only animals involved were
34        dogs.  Where such person  did  not  know  or  should  not
HB0978 Engrossed            -4-                LRB9003032NTsb
 1        reasonably  have  been  expected  to  know  that the only
 2        animals involved in the violation were dogs, a second  or
 3        subsequent  violation  of  subsection  (d), (e) or (f) of
 4        Section 4.01 of this Act or any rule, regulation or order
 5        of the Department adopted pursuant thereto is a  Class  A
 6        misdemeanor.    A   second  or  subsequent  violation  of
 7        subsection (g) is a Class B misdemeanor.
 8             (6)  Any person convicted of violating Section  3.01
 9        of this Act is guilty of a Class C misdemeanor.  A second
10        conviction  for  a violation of Section 3.01 is a Class B
11        misdemeanor.  A third  or  subsequent  conviction  for  a
12        violation of Section 3.01 is a Class  A misdemeanor.
13             (7)  Any  person convicted of violating Section 4.03
14        is guilty of a Class B misdemeanor.
15             (8)  Any person convicted of violating Section  4.04
16        is  guilty  of a Class A misdemeanor where the animal dog
17        is not killed or totally disabled, but if the animal  dog
18        is killed or totally disabled such person shall be guilty
19        of a Class 4 felony.
20             (8.5)  A  person  convicted  of violating subsection
21        (a) of Section 7.15 is guilty of a Class  B  misdemeanor.
22        A  person convicted of violating subsection (b) or (c) of
23        Section 7.15 is (i) guilty of a Class  A  misdemeanor  if
24        the dog is not killed or totally disabled and (ii) if the
25        dog  is  killed  or totally disabled, guilty of a Class 4
26        felony  and  may  be  ordered  by  the  court   to   make
27        restitution  to  the  disabled  person  having custody or
28        ownership of the dog for veterinary bills and replacement
29        costs of the dog.
30             (9)  Any person convicted  of  violating  any  other
31        provision  of this Act, or any rule, regulation, or order
32        of the Department pursuant thereto, is guilty of a  Class
33        C  misdemeanor  with every day that a violation continues
34        constituting a separate offense.
HB0978 Engrossed            -5-                LRB9003032NTsb
 1        (d)  Any person convicted of  violating  Section  7.1  is
 2    guilty of a petty offense.  A second or subsequent conviction
 3    for a violation of Section 7.1 is a Class C misdemeanor.
 4        (e)  Any  person  convicted  of violating Section 3.02 is
 5    guilty of a Class A misdemeanor.
 6        The Department may enjoin  a  person  from  a  continuing
 7    violation of this Act.
 8    (Source:  P.A.  88-66;  88-600,  eff.  9-1-94;  89-455,  eff.
 9    5-20-96; 89-689, eff. 12-31-96; revised 1-14-97.)
10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.

[ Top ]