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90_HB3722
510 ILCS 70/16 from Ch. 8, par. 716
Amends the Humane Care for Animals Act. Changes the
penalty for aggravated cruelty to a companion animal from a
Class A misdemeanor to a Class 4 felony.
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1 AN ACT to amend the Humane Care for Animals Act by
2 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 changing Section 16 as follows:
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
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1 the only animals involved in the violation are dogs.
2 (2) Any person convicted of violating subsection
3 (a), (b) or (c) of Section 4.01 of this Act or any rule,
4 regulation or order of the Department pursuant thereto is
5 guilty of a Class 4 felony and may be fined an amount not
6 to exceed $50,000.
7 (3) Any person convicted of violating subsection
8 (d), (e) or (f) of Section 4.01 of this Act or any rule,
9 regulation or order of the Department pursuant thereto is
10 guilty of Class A misdemeanor, if such person knew or
11 should have known that the device or equipment under
12 subsection (d) or (e) of that Section or the site,
13 structure or facility under subsection (f) of that
14 Section was to be used to carry out a violation where the
15 only animals involved were dogs. Where such person did
16 not know or should not reasonably have been expected to
17 know that the only animals involved in the violation were
18 dogs, the penalty shall be same as that provided for in
19 paragraph (4) of subsection (b).
20 (4) Any person convicted of violating subsection
21 (g) of Section 4.01 of this Act or any rule, regulation
22 or order of the Department pursuant thereto is guilty of
23 a Class C misdemeanor.
24 (5) A second or subsequent violation of subsection
25 (a), (b) or (c) of Section 4.01 of this Act or any rule,
26 regulation or order of the Department pursuant thereto is
27 a Class 3 felony. A second or subsequent violation of
28 subsection (d), (e) or (f) of Section 4.01 of this Act or
29 any rule, regulation or order of the Department adopted
30 pursuant thereto is a Class 3 felony, if in each
31 violation the person knew or should have known that the
32 device or equipment under subsection (d) or (e) of that
33 Section or the site, structure or facility under
34 subsection (f) of that Section was to be used to carry
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1 out a violation where the only animals involved were
2 dogs. Where such person did not know or should not
3 reasonably have been expected to know that the only
4 animals involved in the violation were dogs, a second or
5 subsequent violation of subsection (d), (e) or (f) of
6 Section 4.01 of this Act or any rule, regulation or order
7 of the Department adopted pursuant thereto is a Class A
8 misdemeanor. A second or subsequent violation of
9 subsection (g) is a Class B misdemeanor.
10 (6) Any person convicted of violating Section 3.01
11 of this Act is guilty of a Class C misdemeanor. A second
12 conviction for a violation of Section 3.01 is a Class B
13 misdemeanor. A third or subsequent conviction for a
14 violation of Section 3.01 is a Class A misdemeanor.
15 (7) Any person convicted of violating Section 4.03
16 is guilty of a Class B misdemeanor.
17 (8) Any person convicted of violating Section 4.04
18 is guilty of a Class A misdemeanor where the animal is
19 not killed or totally disabled, but if the animal is
20 killed or totally disabled such person shall be guilty of
21 a Class 4 felony.
22 (8.5) A person convicted of violating subsection
23 (a) of Section 7.15 is guilty of a Class B misdemeanor.
24 A person convicted of violating subsection (b) or (c) of
25 Section 7.15 is (i) guilty of a Class A misdemeanor if
26 the dog is not killed or totally disabled and (ii) if the
27 dog is killed or totally disabled, guilty of a Class 4
28 felony and may be ordered by the court to make
29 restitution to the disabled person having custody or
30 ownership of the dog for veterinary bills and replacement
31 costs of the dog.
32 (9) Any person convicted of violating any other
33 provision of this Act, or any rule, regulation, or order
34 of the Department pursuant thereto, is guilty of a Class
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1 C misdemeanor with every day that a violation continues
2 constituting a separate offense.
3 (d) Any person convicted of violating Section 7.1 is
4 guilty of a petty offense. A second or subsequent conviction
5 for a violation of Section 7.1 is a Class C misdemeanor.
6 (e) Any person convicted of violating Section 3.02 is
7 guilty of a Class 4 felony A misdemeanor.
8 The Department may enjoin a person from a continuing
9 violation of this Act.
10 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96;
11 90-14, eff. 7-1-97; 90-80, eff. 7-10-97.)