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91_HB0753eng HB0753 Engrossed LRB9104614DHmg 1 AN ACT concerning animal torture. 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 Section 16 and adding Section 3.03 as follows: 6 (510 ILCS 70/3.03 new) 7 Sec. 3.03. Animal torture. A person commits animal 8 torture when that person without legal justification 9 knowingly or intentionally tortures an animal. For purposes 10 of this Section, "torture" means infliction of or subjection 11 to extreme physical pain, motivated by an intent to increase 12 or prolong the pain, suffering, or agony of the animal. Acts 13 by persons engaged in lawful hunting, fishing, or trapping 14 under the Wildlife Code or the Fish and Aquatic Life Code and 15 acts that are accepted and customary practices by persons 16 engaged in scientific or medical experiments or by persons 17 engaged in meat packing, meat processing, or the slaughtering 18 of animals or raising or transporting animals for slaughter 19 shall be exempt from the provisions of this Section. 20 (510 ILCS 70/16) (from Ch. 8, par. 716) 21 Sec. 16. Violations; punishment; injunctions. 22 (a) Any person convicted of violating Sections 5, 5.01, 23 or 6 of this Act or any rule, regulation, or order of the 24 Department pursuant thereto, is guilty of a Class C 25 misdemeanor. 26 (b)(1) This subsection (b) does not apply where the 27 only animals involved in the violation are dogs. 28 (2) Any person convicted of violating subsection 29 (a), (b), (c) or (h) of Section 4.01 of this Act or any 30 rule, regulation, or order of the Department pursuant HB0753 Engrossed -2- LRB9104614DHmg 1 thereto, is guilty of a Class A misdemeanor. 2 (3) A second or subsequent offense involving the 3 violation of subsection (a), (b) or (c) of Section 4.01 4 of this Act or any rule, regulation, or order of the 5 Department pursuant thereto is a Class 4 felony. 6 (4) Any person convicted of violating subsection 7 (d), (e) or (f) of Section 4.01 of this Act or any rule, 8 regulation, or order of the Department pursuant thereto, 9 is guilty of a Class B misdemeanor. 10 (5) Any person convicted of violating subsection 11 (g) of Section 4.01 of this Act or any rule, regulation, 12 or order of the Department pursuant thereto is guilty of 13 a Class C misdemeanor. 14 (c)(1) This subsection (c) applies exclusively 15 where the only animals involved in the violation are 16 dogs. 17 (2) Any person convicted of violating subsection 18 (a), (b) or (c) of Section 4.01 of this Act or any rule, 19 regulation or order of the Department pursuant thereto is 20 guilty of a Class 4 felony and may be fined an amount not 21 to exceed $50,000. 22 (3) Any person convicted of violating subsection 23 (d), (e) or (f) of Section 4.01 of this Act or any rule, 24 regulation or order of the Department pursuant thereto is 25 guilty of Class A misdemeanor, if such person knew or 26 should have known that the device or equipment under 27 subsection (d) or (e) of that Section or the site, 28 structure or facility under subsection (f) of that 29 Section was to be used to carry out a violation where the 30 only animals involved were dogs. Where such person did 31 not know or should not reasonably have been expected to 32 know that the only animals involved in the violation were 33 dogs, the penalty shall be same as that provided for in 34 paragraph (4) of subsection (b). HB0753 Engrossed -3- LRB9104614DHmg 1 (4) Any person convicted of violating subsection 2 (g) of Section 4.01 of this Act or any rule, regulation 3 or order of the Department pursuant thereto is guilty of 4 a Class C misdemeanor. 5 (5) A second or subsequent violation of subsection 6 (a), (b) or (c) of Section 4.01 of this Act or any rule, 7 regulation or order of the Department pursuant thereto is 8 a Class 3 felony. A second or subsequent violation of 9 subsection (d), (e) or (f) of Section 4.01 of this Act or 10 any rule, regulation or order of the Department adopted 11 pursuant thereto is a Class 3 felony, if in each 12 violation the person knew or should have known that the 13 device or equipment under subsection (d) or (e) of that 14 Section or the site, structure or facility under 15 subsection (f) of that Section was to be used to carry 16 out a violation where the only animals involved were 17 dogs. Where such person did not know or should not 18 reasonably have been expected to know that the only 19 animals involved in the violation were dogs, a second or 20 subsequent violation of subsection (d), (e) or (f) of 21 Section 4.01 of this Act or any rule, regulation or order 22 of the Department adopted pursuant thereto is a Class A 23 misdemeanor. A second or subsequent violation of 24 subsection (g) is a Class B misdemeanor. 25 (6) Any person convicted of violating Section 3.01 26 of this Act is guilty of a Class C misdemeanor. A second 27 conviction for a violation of Section 3.01 is a Class B 28 misdemeanor. A third or subsequent conviction for a 29 violation of Section 3.01 is a Class A misdemeanor. 30 (7) Any person convicted of violating Section 4.03 31 is guilty of a Class B misdemeanor. 32 (8) Any person convicted of violating Section 4.04 33 is guilty of a Class A misdemeanor where the animal is 34 not killed or totally disabled, but if the animal is HB0753 Engrossed -4- LRB9104614DHmg 1 killed or totally disabled such person shall be guilty of 2 a Class 4 felony. 3 (8.5) A person convicted of violating subsection 4 (a) of Section 7.15 is guilty of a Class B misdemeanor. 5 A person convicted of violating subsection (b) or (c) of 6 Section 7.15 is (i) guilty of a Class A misdemeanor if 7 the dog is not killed or totally disabled and (ii) if the 8 dog is killed or totally disabled, guilty of a Class 4 9 felony and may be ordered by the court to make 10 restitution to the disabled person having custody or 11 ownership of the dog for veterinary bills and replacement 12 costs of the dog. 13 (9) Any person convicted of violating any other 14 provision of this Act, or any rule, regulation, or order 15 of the Department pursuant thereto, is guilty of a Class 16 C misdemeanor with every day that a violation continues 17 constituting a separate offense. 18 (d) Any person convicted of violating Section 7.1 is 19 guilty of a petty offense. A second or subsequent conviction 20 for a violation of Section 7.1 is a Class C misdemeanor. 21 (e) Any person convicted of violating Section 3.02 is 22 guilty of a Class A misdemeanor. 23 (f) The Department may enjoin a person from a continuing 24 violation of this Act. 25 (g) Any person convicted of violating Section 3.03 is 26 guilty of a Class 4 felony. A second or subsequent offense 27 is a Class 3 felony. As a condition of the sentence imposed 28 under this Section, the court shall order the offender to 29 undergo a psychological or psychiatric evaluation and to 30 undergo treatment that the court determines to be appropriate 31 after due consideration of the evaluation. 32 (Source: P.A. 89-455, eff. 5-20-96; 89-689, eff. 12-31-96; 33 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.) HB0753 Engrossed -5- LRB9104614DHmg 1 Section 99. This Act takes effect upon becoming law.