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90_SB1542
510 ILCS 70/2.07 from Ch. 8, par. 702.07
510 ILCS 70/4.01 from Ch. 8, par. 704.01
705 ILCS 405/5-4 from Ch. 37, par. 805-4
Amends the Humane Care for Animals Act. Provides that
animals or equipment used in violation of the Act may be
seized. Provides that veterinarians should report the
treatment of animals possibly used in a fighting event.
Includes minors within the provisions of the Act. Makes
conspiring or soliciting a minor to violate the Act a Class A
misdemeanor. Amends the Juvenile Court Act of 1987 to exempt
from its provisions minors who have violated the Humane Care
for Animals Act.
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1 AN ACT concerning animals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Humane Care for Animals Act is amended by
5 changing Sections 2.07 and 4.01 as follows:
6 (510 ILCS 70/2.07) (from Ch. 8, par. 702.07)
7 Sec. 2.07. Person. "Person" means any individual,
8 minor, firm, corporation, partnership, other business unit,
9 society, association, or other legal entity, any public or
10 private institution, the State of Illinois, or any municipal
11 corporation or political subdivision of the State.
12 (Source: P.A. 78-905.)
13 (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
14 Sec. 4.01. Prohibitions.
15 (a) No person may own, capture, breed, train, or lease
16 any animal which he or she knows or should know is intended
17 for use in any show, exhibition, program, or other activity
18 featuring or otherwise involving a fight between such animal
19 and any other animal or human, or the intentional killing of
20 any animal for the purpose of sport, wagering, or
21 entertainment.
22 (b) No person shall promote, conduct, carry on,
23 advertise, collect money for or in any other manner assist
24 or aid in the presentation for purposes of sport, wagering,
25 or entertainment, any show, exhibition, program, or other
26 activity involving a fight between 2 or more animals or any
27 animal and human, or the intentional killing of any animal.
28 (c) No person shall sell or offer for sale, ship,
29 transport, or otherwise move, or deliver or receive any
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1 animal which he or she knows or should know has been
2 captured, bred, or trained, or will be used, to fight another
3 animal or human or be intentionally killed, for the purpose
4 of sport, wagering, or entertainment.
5 (d) No person shall manufacture for sale, shipment,
6 transportation or delivery any device or equipment which that
7 person knows or should know is intended for use in any show,
8 exhibition, program, or other activity featuring or otherwise
9 involving a fight between 2 or more animals, or any human and
10 animal, or the intentional killing of any animal for purposes
11 of sport, wagering or entertainment.
12 (e) No person shall own, possess, sell or offer for
13 sale, ship, transport, or otherwise move any equipment or
14 device which such person knows or should know is intended for
15 use in connection with any show, exhibition, program, or
16 activity featuring or otherwise involving a fight between 2
17 or more animals, or any animal and human, or the intentional
18 killing of any animal for purposes of sport, wagering or
19 entertainment.
20 (f) No person shall make available any site, structure,
21 or facility, whether enclosed or not, which he or she knows
22 or should know is intended to be used for the purpose of
23 conducting any show, exhibition, program, or other activity
24 involving a fight between 2 or more animals, or any animal
25 and human, or the intentional killing of any animal.
26 (g) No person shall attend or otherwise patronize any
27 show, exhibition, program, or other activity featuring or
28 otherwise involving a fight between 2 or more animals, or any
29 animal and human, or the intentional killing of any animal
30 for the purposes of sport, wagering or entertainment.
31 (h) No person shall tie or attach or fasten any live
32 animal to any machine or device propelled by any power for
33 the purpose of causing such animal to be pursued by a dog or
34 dogs. This subsection (h) shall apply only when such dog is
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1 intended to be used in a dog fight.
2 (i) Any animals or equipment involved in a violation of
3 this Section shall be immediately seized and impounded under
4 Section 12 by the Department when located at any show,
5 exhibition, program, or other activity featuring or otherwise
6 involving an animal fight. The equipment shall be destroyed,
7 and the animals humanely euthanized as approved by the
8 Department after attempts to find the animals' owners have
9 been exhausted.
10 (j) Any veterinarian in this State who is presented with
11 an animal for treatment of injuries or wounds resulting from
12 fighting where there is a reasonable possibility that the
13 animal was engaged in or utilized for a fighting event should
14 file a report with the Department and cooperate by furnishing
15 the owners' names, dates, and descriptions of the animal or
16 animals involved.
17 (k) No person shall conspire or solicit a minor to
18 violate this Section. A violation of this subsection is a
19 Class A misdemeanor.
20 (Source: P.A. 87-819.)
21 Section 10. The Juvenile Court Act of 1987 is amended by
22 changing Section 5-4 as follows:
23 (705 ILCS 405/5-4) (from Ch. 37, par. 805-4)
24 Sec. 5-4. Criminal prosecutions limited.
25 (1) Except as provided in this Section, no minor who was
26 under 17 years of age at the time of the alleged offense may
27 be prosecuted under the criminal laws of this State or for
28 violation of an ordinance of any political subdivision of
29 this State.
30 (2) Subject to subsection (5) of Section 5-10, any minor
31 alleged to have committed a traffic, boating or fish and game
32 law violation, whether or not the violation is punishable by
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1 imprisonment or an offense punishable by fine only, may be
2 prosecuted for the violation and if found guilty punished
3 under any statute or ordinance relating to the violation,
4 without reference to the procedures set out in this Act,
5 except that detention, if any, must be in compliance with
6 this Act.
7 For the purpose of this Section, "traffic violation"
8 shall include a violation of Section 9-3 of the Criminal Code
9 of 1961 relating to the offense of reckless homicide, or
10 Section 11-501 of the Illinois Vehicle Code, or any similar
11 provision of a local ordinance.
12 (3) (a) If a petition alleges commission by a minor 13
13 years of age or over of an act that constitutes a crime
14 under the laws of this State and, on motion of the
15 State's Attorney, a Juvenile Judge designated by the
16 Chief Judge of the Circuit to hear and determine those
17 motions, after investigation and hearing but before
18 commencement of the adjudicatory hearing, finds that it
19 is not in the best interests of the minor or of the
20 public to proceed under this Act, the court may enter an
21 order permitting prosecution under the criminal laws.
22 (b) In making its determination on a motion to
23 permit prosecution under the criminal laws, the court
24 shall consider among other matters: (i) whether there is
25 sufficient evidence upon which a grand jury may be
26 expected to return an indictment; (ii) whether there is
27 evidence that the alleged offense was committed in an
28 aggressive and premeditated manner; (iii) the age of the
29 minor; (iv) the previous history of the minor; (v)
30 whether there are facilities particularly available to
31 the Juvenile Court for the treatment and rehabilitation
32 of the minor; (vi) whether the best interest of the minor
33 and the security of the public may require that the minor
34 continue in custody or under supervision for a period
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1 extending beyond his minority; (vii) whether the minor
2 possessed a deadly weapon when committing the alleged
3 offense; and (viii) whether the alleged offense is a
4 felony offense under Section 5 of the Cannabis Control
5 Act committed while in a school, regardless of the time
6 of day or the time of year, or any conveyance owned,
7 leased or contracted by a school to transport students to
8 or from school or a school related activity, on the real
9 property comprising any school, regardless of the time of
10 day or the time of year, or on a public way within 1,000
11 feet of the real property comprising any school,
12 regardless of the time of day or the time of year.
13 School is defined, for the purposes of this Section, as
14 any public or private elementary or secondary school,
15 community college, college, or university. The rules of
16 evidence shall be the same as under Section 5-22 of this
17 Act, but no hearing on the motion may be commenced unless
18 the minor is represented in court by counsel.
19 (c) If criminal proceedings are instituted, the
20 petition shall be dismissed insofar as the act or acts
21 involved in the criminal proceedings are concerned.
22 Taking of evidence in an adjudicatory hearing in any such
23 case is a bar to criminal proceedings based upon the
24 conduct alleged in the petition.
25 (3.1) If a petition alleges commission by a minor 15
26 years of age or older of an act that constitutes a forcible
27 felony under the laws of this State, and if a motion by the
28 State's Attorney to prosecute the minor under the criminal
29 laws of Illinois for the alleged forcible felony alleges that
30 (i) the minor has previously been adjudicated delinquent for
31 commission of an act that constitutes a felony under the laws
32 of this State or any other state and (ii) the act that
33 constitutes the offense was committed in furtherance of
34 criminal activity by an organized gang, the Juvenile Judge
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1 designated to hear and determine those motions shall, upon
2 determining that there is probable cause that both
3 allegations are true, enter an order permitting prosecution
4 under the criminal laws of Illinois.
5 (3.2) If a petition alleges commission by a minor 15
6 years of age or older of an act that constitutes a felony
7 under the laws of this State, and if a motion by a State's
8 Attorney to prosecute the minor under the criminal laws of
9 Illinois for the alleged felony alleges that (i) the minor
10 has previously been adjudicated delinquent for commission of
11 an act that constitutes a forcible felony under the laws of
12 this State or any other state and (ii) the act that
13 constitutes the offense was committed in furtherance of
14 criminal activities by an organized gang, the Juvenile Judge
15 designated to hear and determine those motions shall, upon
16 determining that there is probable cause that both
17 allegations are true, enter an order permitting prosecution
18 under the criminal laws of Illinois.
19 (3.3) (a) If the State's Attorney files a motion under
20 subsection (3)(a) to permit prosecution under the criminal
21 laws and the petition alleges the commission by a minor 15
22 years of age or older of: (i) a Class X felony other than
23 armed violence; (ii) aggravated discharge of a firearm;
24 (iii) armed violence with a firearm when the predicate
25 offense is a Class 1 or Class 2 felony and the State's
26 Attorney's motion to transfer the case alleges that the
27 offense committed is in furtherance of the criminal
28 activities of an organized gang and the case is not required
29 to be prosecuted under the criminal laws of Illinois as
30 provided by subsection (3.1) or (3.2); (iv) armed violence
31 with a firearm when the predicate offense is a violation of
32 Section 401, subsection (a) of Section 402, Section 404,
33 Section 405, Section 405.1, subsection (a) of Section 405.2,
34 Section 407, Section 407.1, or Section 407.2 of the Illinois
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1 Controlled Substances Act; or (v) armed violence when the
2 weapon involved was a machine gun or other weapon described
3 in subsection (a)(7) of Section 24-1 of the Criminal Code of
4 1961, and, if the juvenile judge designated to hear and
5 determine motions to transfer a case for prosecution in the
6 criminal court determines that there is probable cause to
7 believe that the allegations in the petition and motion are
8 true, there is a rebuttable presumption that the minor is not
9 a fit and proper subject to be dealt with under the Juvenile
10 Court Act of 1987, and that, except as provided in paragraph
11 (b), the case should be transferred to the criminal court.
12 (b) The judge shall enter an order permitting
13 prosecution under the criminal laws of Illinois unless the
14 judge makes a finding based on evidence that the minor would
15 be amenable to the care, treatment, and training programs
16 available through the facilities of the juvenile court based
17 on an evaluation of the following:
18 (i) The circumstances and gravity of the
19 offense alleged to have been committed by the minor.
20 (ii) The age of the minor.
21 (iii) The degree of criminal sophistication
22 exhibited by the minor.
23 (iv) Whether there is a reasonable likelihood
24 that the minor can be rehabilitated before the
25 expiration of the juvenile court's jurisdiction.
26 (v) The minor's previous history of
27 delinquency.
28 (vi) Whether the offense was committed in an
29 aggressive, premeditated or calculated manner.
30 (vii) Whether there are sufficient facilities
31 available to the juvenile court for the treatment
32 and rehabilitation of the minor.
33 For purposes of subsections (3.1), (3.2), and (3.3)
34 "organized gang" has the meaning ascribed to it in Section 10
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1 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
2 (4) Nothing in this Act prohibits or limits the
3 prosecution of any minor for an offense committed on or after
4 his or her 17th birthday even though he or she is at the time
5 of the offense a ward of the court.
6 (5) If an original petition for adjudication of wardship
7 alleges the commission by a minor 13 years of age or over of
8 an act that constitutes a crime under the laws of this State,
9 the minor, with the consent of his or her counsel, may, at
10 any time before commencement of the adjudicatory hearing,
11 file with the court a motion that criminal prosecution be
12 ordered and that the petition be dismissed insofar as the act
13 or acts involved in the criminal proceedings are concerned.
14 If such a motion is filed as herein provided, the court shall
15 enter its order accordingly.
16 (6) (a) The definition of delinquent minor under Section
17 5-3 of this Act shall not apply to any minor who at the
18 time of an offense was at least 15 years of age and who
19 is charged with first degree murder, aggravated criminal
20 sexual assault, armed robbery when the armed robbery was
21 committed with a firearm, aggravated vehicular hijacking
22 when the hijacking was committed with a firearm, or
23 violation of the provisions of paragraph (1), (3), (4),
24 or (10) of subsection (a) of Section 24-1 of the Criminal
25 Code of 1961 while in the building or on the grounds of
26 any elementary or secondary school, community college,
27 college or university. These charges and all other
28 charges arising out of the same incident shall be
29 prosecuted under the Criminal Code of 1961.
30 (b) If before trial or plea an information or
31 indictment is filed which does not charge an offense
32 specified in paragraph (a) of this subsection (6), the
33 State's Attorney may proceed on the lesser charge or
34 charges, but only in Juvenile Court under the other
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1 provisions of this Act, unless before trial the minor
2 defendant knowingly and with advice of counsel waives, in
3 writing, his or her right to have the matter proceed in
4 Juvenile Court. If before trial or plea an information
5 or indictment is filed that includes one or more charges
6 specified in paragraph (a) of this subsection (6) and
7 additional charges that are not specified in that
8 paragraph, all of the charges arising out of the same
9 incident shall be prosecuted under the Criminal Code of
10 1961.
11 (c) (i) If after trial or plea the minor is
12 convicted of any offense covered by paragraph (a) of
13 this subsection (6), then, in sentencing the minor,
14 the court shall have available any or all
15 dispositions prescribed for that offense under
16 Chapter V of the Unified Code of Corrections.
17 (ii) If after trial or plea the minor is only
18 convicted of an offense not covered by paragraph (a)
19 of this subsection (6), the conviction shall not
20 invalidate the verdict or the prosecution of the
21 minor under the criminal laws of the State; however,
22 unless the State requests a hearing for the purpose
23 of sentencing the minor under Chapter V of the
24 Unified Code of Corrections, the Court must proceed
25 under Sections 5-22 and 5-23 of this Act. Should
26 the State request a hearing it must do so by written
27 motion within 10 days following the entry of a
28 finding or the return of a verdict. Reasonable
29 notice of the motion shall be served upon the minor
30 or his counsel. If the motion is made by the State,
31 the court shall conduct a hearing to determine if
32 the request should be granted. In making its
33 determination on the motion, the court shall
34 consider among other matters: (a) whether there is
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1 evidence that the offense was committed in an
2 aggressive and premeditated manner; (b) the age of
3 the minor; (c) the previous history of the minor;
4 (d) whether there are facilities particularly
5 available to the Juvenile Court or the Department of
6 Corrections, Juvenile Division, for the treatment
7 and rehabilitation of the minor; (e) whether the
8 best interest of the minor and the security of the
9 public require sentencing under Chapter V of the
10 Unified Code of Corrections; and (f) whether the
11 minor possessed a deadly weapon when committing the
12 offense. The rules of evidence shall be the same as
13 if at trial. If after the hearing the court finds
14 that the minor should be sentenced under Chapter V
15 of the Unified Code of Corrections, then the court
16 shall sentence the minor accordingly having
17 available to it any or all dispositions so
18 prescribed.
19 (7) (a) The definition of delinquent minor under Section
20 5-3 of this Act shall not apply to any minor who at the
21 time of an offense was at least 15 years of age and who
22 is charged with an offense under Section 401 of the
23 Illinois Controlled Substances Act while in a school,
24 regardless of the time of day or the time of year, or any
25 conveyance owned, leased or contracted by a school to
26 transport students to or from school or a school related
27 activity, or residential property owned, operated and
28 managed by a public housing agency, on the real property
29 comprising any school, regardless of the time of day or
30 the time of year, or residential property owned, operated
31 and managed by a public housing agency, or on a public
32 way within 1,000 feet of the real property comprising any
33 school, regardless of the time of day or the time of
34 year, or residential property owned, operated and managed
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1 by a public housing agency. School is defined, for the
2 purposes of this Section, as any public or private
3 elementary or secondary school, community college,
4 college, or university. These charges and all other
5 charges arising out of the same incident shall be
6 prosecuted under the Illinois Controlled Substances Act.
7 (b) If before trial or plea an information or
8 indictment is filed that does not charge an offense
9 specified in paragraph (a) of this subsection (7), the
10 State's Attorney may proceed on the lesser charge or
11 charges, but only under the other provisions of this Act,
12 unless before trial the minor defendant knowingly and
13 with advice of counsel waives, in writing, his or her
14 right to have the matter proceed in Juvenile Court. If
15 before trial or plea an information or indictment is
16 filed that includes one or more charges specified in
17 paragraph (a) of this subsection (7) and additional
18 charges that are not specified in that paragraph, all of
19 the charges arising out of the same incident shall be
20 prosecuted under the Illinois Controlled Substances Act
21 or the Criminal Code of 1961.
22 (c) (i) If after trial or plea the minor is
23 convicted of any offense covered by paragraph (a) of
24 this subsection (7), then, in sentencing the minor
25 the court shall have available any or all
26 dispositions prescribed for that offense under
27 Chapter V of the Unified Code of Corrections.
28 (ii) If after trial or plea the minor is only
29 convicted of an offense not covered by paragraph (a)
30 of this subsection (7), the conviction shall not
31 invalidate the verdict or the prosecution of the
32 minor under the criminal laws of this State;
33 however, unless the State requests a hearing for the
34 purpose of sentencing the minor under Chapter V of
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1 the Unified Code of Corrections, the court must
2 thereafter proceed under Sections 5-22 and 5-23 of
3 this Act. Should the State request a hearing it
4 must do so by written motion within 10 days
5 following the entry of a finding or the return of a
6 verdict. Reasonable notice of the motion shall be
7 served upon the minor or his counsel. If such a
8 motion is made by the State, the court shall conduct
9 a hearing to determine if the request should be
10 granted. In making its determination on the motion,
11 the court shall consider among other matters: (a)
12 whether there is evidence that the offense was
13 committed in an aggressive and premeditated manner;
14 (b) the age of the minor; (c) the previous history
15 of the minor; (d) whether there are facilities
16 particularly available to the Juvenile Court or the
17 Department of Corrections, Juvenile Division, for
18 the treatment and rehabilitation of the minor; (e)
19 whether the best interest of the minor and the
20 security of the public require sentencing under
21 Chapter V of the Unified Code of Corrections; and
22 (f) whether the minor possessed a deadly weapon when
23 committing the offense. The rules of evidence shall
24 be the same as if at trial. If after the hearing
25 the court finds that the minor should be sentenced
26 under Chapter V of the Unified Code of Corrections,
27 then the court shall sentence the minor accordingly
28 having available to it any or all dispositions so
29 prescribed.
30 (8) (a) The definition of delinquent minor under Section
31 5-3 of this Act shall not apply to any minor who is
32 charged with a violation of subsection (a) of Section
33 31-6 or Section 32-10 of the Criminal Code of 1961 when
34 the minor is subject to prosecution under the Criminal
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1 Code of 1961 as a result of the application of the
2 provisions of paragraph (a) of subsection (3); subsection
3 (5); paragraph (a) of subsection (6); or paragraph (a) of
4 subsection (7) of this Section. These charges and all
5 other charges arising out of the same incident shall be
6 prosecuted under the Criminal Code of 1961.
7 (b) If before trial or plea an information or
8 indictment is filed that does not charge an offense
9 specified in paragraph (a) of this subsection (8), the
10 State's Attorney may proceed on the lesser charge or
11 charges, but only in Juvenile Court under the other
12 provisions of this Act, unless before trial the minor
13 defendant knowingly and with advice of counsel waives, in
14 writing, his or her right to have the matter proceed in
15 Juvenile Court. If before trial or plea an information
16 or indictment is filed that includes one or more charges
17 specified in paragraph (a) of this subsection (8) and
18 additional charges that are not specified in that
19 paragraph, all of the charges arising out of the same
20 incident shall be prosecuted under the Criminal Code of
21 1961.
22 (c) If after trial or plea the minor is only
23 convicted of an offense not covered by paragraph (a) of
24 this subsection (8), the conviction shall not invalidate
25 the verdict or the prosecution of the minor under the
26 criminal laws of this State; however, the court must
27 thereafter proceed under Sections 5-22 and 5-23 of this
28 Act. In all other circumstances, in sentencing the court
29 shall have available any or all dispositions prescribed
30 for that offense under Chapter V of the Unified Code of
31 Corrections.
32 (9) (a) The definition of delinquent minor under
33 Section 5-3 of this Act shall not apply to any minor who
34 at the time of an offense was at least 13 years of age
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1 and who is charged with first degree murder committed
2 during the course of either aggravated criminal sexual
3 assault, criminal sexual assault, or aggravated
4 kidnaping. However, this subsection (9) does not include
5 a minor charged with first degree murder based
6 exclusively upon the accountability provisions of the
7 Criminal Code of 1961.
8 (b) If before trial or plea an information or
9 indictment is filed which does not charge first degree
10 murder committed during the course of aggravated criminal
11 sexual assault, criminal sexual assault, or aggravated
12 kidnaping, the State's Attorney may proceed on the lesser
13 charge or charges, but only in Juvenile Court under the
14 other provisions of this Act, unless before trial the
15 minor defendant knowingly and with advice of counsel
16 waives, in writing, his or her right to have the matter
17 proceed in Juvenile Court. If before trial or plea an
18 information or indictment is filed that includes first
19 degree murder committed during the course of aggravated
20 criminal sexual assault, criminal sexual assault, or
21 aggravated kidnaping, as well as additional charges that
22 are not specified in that paragraph, all of the charges
23 arising out of the same incident shall be prosecuted
24 under the Criminal Code of 1961.
25 (c)(i) If after trial or plea the minor is
26 convicted of first degree murder committed during the
27 course of aggravated criminal sexual assault, criminal
28 sexual assault, or aggravated kidnaping, the court shall
29 have available any or all dispositions prescribed for
30 that offense under Chapter V of the Unified Code of
31 Corrections.
32 (ii) If the minor was not yet 15 years of age at
33 the time of the offense, and if after trial or plea the
34 minor is only convicted of an offense other than first
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1 degree murder committed during the course of either
2 aggravated criminal sexual assault, criminal sexual
3 assault, or aggravated kidnaping, the conviction shall
4 not invalidate the verdict or the prosecution of the
5 minor under the criminal laws of the State; however,
6 unless the State requests a hearing for the purpose of
7 sentencing the minor under Chapter V of the Unified Code
8 of Corrections, the Court must proceed under Sections
9 5-22 and 5-23 of this Act. Should the State request a
10 hearing it must do so by written motion within 10 days
11 following the entry of a finding or the return of a
12 verdict. Reasonable notice of the motion shall be served
13 upon the minor or his or her counsel. If the motion is
14 made by the State, the court shall conduct a hearing to
15 determine if the request should be granted. In making
16 its determination on the motion, the court shall consider
17 among other matters: (a) whether there is evidence that
18 the offense was committed in an aggressive and
19 premeditated manner; (b) the age of the minor; (c) the
20 previous history of the minor; (d) whether there are
21 facilities particularly available to the Juvenile Court
22 or the Department of Corrections, Juvenile Division, for
23 the treatment and rehabilitation of the minor; (e)
24 whether the best interest of the minor and the security
25 of the public require sentencing under Chapter V of the
26 Unified Code of Corrections; and (f) whether the minor
27 possessed a deadly weapon when committing the offense.
28 The rules of evidence shall be the same as if at trial.
29 If after the hearing the court finds that the minor
30 should be sentenced under Chapter V of the Unified Code
31 of Corrections, then the court shall sentence the minor
32 accordingly having available to it any or all
33 dispositions so prescribed.
34 (iii) If the minor was at least 15 years of age at
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1 the time of the offense and if after trial or plea the
2 minor is only convicted of first degree murder but not of
3 aggravated criminal sexual assault, criminal sexual
4 assault, or aggravated kidnaping, the court shall have
5 available any or all dispositions prescribed for that
6 offense under Chapter V of the Unified Code of
7 Corrections.
8 (iv) If the minor was at least 15 years of age at
9 the time of the offense and if after trial or plea the
10 minor is only convicted of aggravated criminal sexual
11 assault, criminal sexual assault, or aggravated
12 kidnaping, but not of first degree murder, the court
13 shall have available any or all dispositions prescribed
14 for that offense under Chapter V of the Unified Code of
15 Corrections.
16 (10) Subject to subsection (5) of Section 5-10, any
17 minor alleged to have committed a violation of the Humane
18 Care for Animals Act, whether or not the violation is
19 punishable by imprisonment or fine, may be prosecuted for
20 the violation and if found guilty punished under any
21 statute or ordinance relating to this violation without
22 reference to the procedures of this Act, except that
23 detention shall comply with this Act.
24 (Source: P.A. 88-239; 88-467; 88-670, eff. 12-2-94; 88-680,
25 eff. 1-1-95; 89-235, eff. 8-4-95; 89-362, eff. 1-1-96;
26 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
27 6-27-96.)