Public Act 094-0820
 
HB4711 Enrolled LRB094 16593 RLC 53473 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 26-5 as follows:
 
    (720 ILCS 5/26-5)
    Sec. 26-5. Dog fighting. (For other provisions that may
apply to dog fighting, see the Humane Care for Animals Act. For
provisions similar to this Section that apply to animals other
than dogs, see in particular Section 4.01 of the Humane Care
for Animals Act.)
    (a) No person may own, capture, breed, train, or lease any
dog which he or she knows is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between the dog and any other animal or
human, or the intentional killing of any dog for the purpose of
sport, wagering, or entertainment.
    (b) No person may promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or entertainment
of any show, exhibition, program, or other activity involving a
fight between 2 or more dogs or any dog and human, or the
intentional killing of any dog.
    (c) No person may sell or offer for sale, ship, transport,
or otherwise move, or deliver or receive any dog which he or
she knows has been captured, bred, or trained, or will be used,
to fight another dog or human or be intentionally killed for
purposes of sport, wagering, or entertainment.
    (c-5) No person may solicit a minor to violate this
Section.
    (d) No person may manufacture for sale, shipment,
transportation, or delivery any device or equipment which he or
she knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more dogs, or any human and dog,
or the intentional killing of any dog for purposes of sport,
wagering, or entertainment.
    (e) No person may own, possess, sell or offer for sale,
ship, transport, or otherwise move any equipment or device
which he or she knows or should know is intended for use in
connection with any show, exhibition, program, or activity
featuring or otherwise involving a fight between 2 or more
dogs, or any dog and human, or the intentional killing of any
dog for purposes of sport, wagering or entertainment.
    (f) No person may knowingly make available any site,
structure, or facility, whether enclosed or not, that he or she
knows is intended to be used for the purpose of conducting any
show, exhibition, program, or other activity involving a fight
between 2 or more dogs, or any dog and human, or the
intentional killing of any dog or knowingly manufacture,
distribute, or deliver fittings to be used in a fight between 2
or more dogs or a dog and human.
    (g) No person may attend or otherwise patronize any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more dogs, or any dog and human,
or the intentional killing of any dog for purposes of sport,
wagering, or entertainment.
    (h) No person may tie or attach or fasten any live animal
to any machine or device propelled by any power for the purpose
of causing the animal to be pursued by a dog or dogs. This
subsection (h) applies only when the dog is intended to be used
in a dog fight.
    (i) Penalties for violations of this Section shall be as
follows:
        (1) Any person convicted of violating subsection (a),
    (b), or (c) of this Section is guilty of a Class 4 felony
    for a first violation and a Class 3 felony for a second or
    subsequent violation, and may be fined an amount not to
    exceed $50,000.
        (1.5) A person who knowingly owns a dog for fighting
    purposes or for producing a fight between 2 or more dogs or
    a dog and human or who knowingly offers for sale or sells a
    dog bred for fighting is guilty of a Class 3 felony and may
    be fined an amount not to exceed $50,000, if the dog
    participates in a dogfight and any of the following factors
    is present:
            (i) the dogfight is performed in the presence of a
        person under 18 years of age;
            (ii) the dogfight is performed for the purpose of
        or in the presence of illegal wagering activity; or
            (iii) the dogfight is performed in furtherance of
        streetgang related activity as defined in Section 10 of
        the Illinois Streetgang Terrorism Omnibus Prevention
        Act.
        (1.7) A person convicted of violating subsection (c-5)
    of this Section is guilty of a Class 4 felony A
    misdemeanor.
        (2) Any person convicted of violating subsection (d) or
    (e) of this Section is guilty of a Class A misdemeanor for
    a first violation. A second or subsequent violation of
    subsection (d) or (e) of this Section is a Class 3 felony.
        (2.5) Any person convicted of violating subsection (f)
    of this Section is guilty of a Class 4 felony.
        (3) Any person convicted of violating subsection (g) of
    this Section is guilty of a Class A C misdemeanor for a
    first violation. A second or subsequent violation of
    subsection (g) of this Section is a Class 4 felony. If a
    person under 13 years of age is present at any show,
    exhibition, program, or other activity prohibited in
    subsection (g), the parent, legal guardian, or other person
    who is 18 years of age or older who brings that person
    under 13 years of age to that show, exhibition, program, or
    other activity is guilty of a Class 4 felony for a first
    violation and a Class 3 felony for a second or subsequent
    violation B misdemeanor.
    (j) Any dog or equipment involved in a violation of this
Section shall be immediately seized and impounded under Section
12 of the Humane Care for Animals Act when located at any show,
exhibition, program, or other activity featuring or otherwise
involving a dog fight for the purposes of sport, wagering, or
entertainment.
    (k) Any vehicle or conveyance other than a common carrier
that is used in violation of this Section shall be seized,
held, and offered for sale at public auction by the sheriff's
department of the proper jurisdiction, and the proceeds from
the sale shall be remitted to the general fund of the county
where the violation took place.
    (l) Any veterinarian in this State who is presented with a
dog for treatment of injuries or wounds resulting from fighting
where there is a reasonable possibility that the dog was
engaged in or utilized for a fighting event for the purposes of
sport, wagering, or entertainment shall file a report with the
Department of Agriculture and cooperate by furnishing the
owners' names, dates, and descriptions of the dog or dogs
involved. Any veterinarian who in good faith complies with the
requirements of this subsection has immunity from any
liability, civil, criminal, or otherwise, that may result from
his or her actions. For the purposes of any proceedings, civil
or criminal, the good faith of the veterinarian shall be
rebuttably presumed.
    (m) In addition to any other penalty provided by law, upon
conviction for violating this Section, the court may order that
the convicted person and persons dwelling in the same household
as the convicted person who conspired, aided, or abetted in the
unlawful act that was the basis of the conviction, or who knew
or should have known of the unlawful act, may not own, harbor,
or have custody or control of any dog or other animal for a
period of time that the court deems reasonable.
    (n) A violation of subsection (a) of this Section may be
inferred from evidence that the accused possessed any device or
equipment described in subsection (d), (e), or (h) of this
Section, and also possessed any dog.
    (o) When no longer required for investigations or court
proceedings relating to the events described or depicted
therein, evidence relating to convictions for violations of
this Section shall be retained and made available for use in
training peace officers in detecting and identifying
violations of this Section. Such evidence shall be made
available upon request to other law enforcement agencies and to
schools certified under the Illinois Police Training Act.
(Source: P.A. 92-425, eff. 1-1-02; 92-650, eff. 7-11-02.)