State of Illinois
91st General Assembly
Legislation

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91_HB1152eng

 
HB1152 Engrossed                              LRB9101545LDmbB

 1        AN ACT to amend  the  Humane  Care  for  Animals  Act  by
 2    changing Section 16 and adding Section 4.05.

 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 and adding Section 4.05 as follows:

 7        (510 ILCS 70/4.05 new)
 8        Sec. 4.05.  Dog racing prohibited. No person shall  hold,
 9    conduct,  or operate any greyhound race for public exhibition
10    in this State for monetary remuneration.

11        (510 ILCS 70/16) (from Ch. 8, par. 716)
12        Sec. 16.  Violations; punishment; injunctions.
13        (a)  Any person convicted of violating Sections 5,  5.01,
14    or  6  of  this Act  or any rule, regulation, or order of the
15    Department  pursuant  thereto,  is  guilty  of  a   Class   C
16    misdemeanor.
17             (b)(1)  This subsection (b) does not apply where the
18        only animals involved in the violation are dogs.
19             (2)  Any  person  convicted  of violating subsection
20        (a), (b), (c) or (h) of Section 4.01 of this Act  or  any
21        rule,  regulation,  or  order  of the Department pursuant
22        thereto, is guilty of a Class A misdemeanor.
23             (3)  A second or subsequent  offense  involving  the
24        violation  of  subsection (a), (b) or (c) of Section 4.01
25        of this Act or any rule,  regulation,  or  order  of  the
26        Department pursuant thereto is a Class 4 felony.
27             (4)  Any  person  convicted  of violating subsection
28        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
29        regulation,  or order of the Department pursuant thereto,
30        is guilty of a Class B misdemeanor.

 
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 1             (5)  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             (c)(1)  This   subsection  (c)  applies  exclusively
 6        where the only animals  involved  in  the  violation  are
 7        dogs.
 8             (2)  Any  person  convicted  of violating subsection
 9        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
10        regulation or order of the Department pursuant thereto is
11        guilty of a Class 4 felony and may be fined an amount not
12        to exceed $50,000.
13             (3)  Any  person  convicted  of violating subsection
14        (d), (e) or (f) of Section 4.01 of this Act or any  rule,
15        regulation or order of the Department pursuant thereto is
16        guilty  of  Class  A  misdemeanor, if such person knew or
17        should have known that  the  device  or  equipment  under
18        subsection  (d)  or  (e)  of  that  Section  or the site,
19        structure  or  facility  under  subsection  (f)  of  that
20        Section was to be used to carry out a violation where the
21        only animals involved were dogs.  Where such  person  did
22        not  know  or should not reasonably have been expected to
23        know that the only animals involved in the violation were
24        dogs, the penalty shall be same as that provided  for  in
25        paragraph (4) of subsection (b).
26             (4)  Any  person  convicted  of violating subsection
27        (g) of Section 4.01 of this Act or any  rule,  regulation
28        or order of the Department pursuant thereto is  guilty of
29        a Class C misdemeanor.
30             (5)  A  second or subsequent violation of subsection
31        (a), (b) or (c) of Section 4.01 of this Act or any  rule,
32        regulation or order of the Department pursuant thereto is
33        a  Class  3  felony.  A second or subsequent violation of
34        subsection (d), (e) or (f) of Section 4.01 of this Act or
 
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 1        any rule, regulation or order of the  Department  adopted
 2        pursuant  thereto  is  a  Class  3  felony,  if  in  each
 3        violation  the  person knew or should have known that the
 4        device or equipment under subsection (d) or (e)  of  that
 5        Section   or   the  site,  structure  or  facility  under
 6        subsection (f) of that Section was to be  used  to  carry
 7        out  a  violation  where  the  only animals involved were
 8        dogs.  Where such person  did  not  know  or  should  not
 9        reasonably  have  been  expected  to  know  that the only
10        animals involved in the violation were dogs, a second  or
11        subsequent  violation  of  subsection  (d), (e) or (f) of
12        Section 4.01 of this Act or any rule, regulation or order
13        of the Department adopted pursuant thereto is a  Class  A
14        misdemeanor.    A   second  or  subsequent  violation  of
15        subsection (g) is a Class B misdemeanor.
16             (6)  Any person convicted of violating Section  3.01
17        of this Act is guilty of a Class C misdemeanor.  A second
18        conviction  for  a violation of Section 3.01 is a Class B
19        misdemeanor.  A third  or  subsequent  conviction  for  a
20        violation of Section 3.01 is a Class  A misdemeanor.
21             (7)  Any  person convicted of violating Section 4.03
22        is guilty of a Class B misdemeanor.
23             (8)  Any person convicted of violating Section  4.04
24        is  guilty  of  a Class A misdemeanor where the animal is
25        not killed or totally disabled,  but  if  the  animal  is
26        killed or totally disabled such person shall be guilty of
27        a Class 4 felony.
28             (8.5)  A  person  convicted  of violating subsection
29        (a) of Section 7.15 is guilty of a Class  B  misdemeanor.
30        A  person convicted of violating subsection (b) or (c) of
31        Section 7.15 is (i) guilty of a Class  A  misdemeanor  if
32        the dog is not killed or totally disabled and (ii) if the
33        dog  is  killed  or totally disabled, guilty of a Class 4
34        felony  and  may  be  ordered  by  the  court   to   make
 
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 1        restitution  to  the  disabled  person  having custody or
 2        ownership of the dog for veterinary bills and replacement
 3        costs of the dog.
 4             (9)  Any person convicted  of  violating  any  other
 5        provision  of this Act, or any rule, regulation, or order
 6        of the Department pursuant thereto, is guilty of a  Class
 7        C  misdemeanor  with every day that a violation continues
 8        constituting a separate offense.
 9             (10)  Any person who violates Section 4.05  of  this
10        Act shall be guilty of a Class A misdemeanor.
11        (d)  Any  person  convicted  of  violating Section 7.1 is
12    guilty of a petty offense.  A second or subsequent conviction
13    for a violation of Section 7.1 is a Class C misdemeanor.
14        (e)  Any person convicted of violating  Section  3.02  is
15    guilty of a Class A misdemeanor.
16        (f)  The Department may enjoin a person from a continuing
17    violation of this Act.
18    (Source:  P.A.  89-455,  eff. 5-20-96; 89-689, eff. 12-31-96;
19    90-14, eff. 7-1-97; 90-80, eff. 7-10-97; revised 10-31-98.)

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