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92nd General Assembly

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Public Act 92-0454

SB629 Enrolled                                 LRB9208026ARsb

    AN ACT concerning animals.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Humane Care for Animals Act is amended by
changing Sections 2.01a, 2.07, 4.01, 4.02,  4.03,  4.04,  10,
12, and 16 and by adding Sections 2.01b, 2.01c, 2.01d, 2.01e,
2.01f,  2.01g,  2.01h,  2.09,  2.10,  3.04, 3.05, 3.06, 3.07,
16.1, 16.2, 16.3, and 16.4 as follows:

    (510 ILCS 70/2.01a)
    Sec. 2.01a.  Companion animal.  "Companion animal"  means
an animal that is commonly considered to be, or is considered
by  the owner to be to be used as, a pet.  "Companion animal"
includes, but  is  not  limited  to,  canines,  felines,  and
equines.
(Source: P.A. 88-600, eff. 9-1-94.)

    (510 ILCS 70/2.01b new)
    Sec. 2.01b.  Exigent       circumstances.        "Exigent
circumstances"   means  a  licensed  veterinarian  cannot  be
secured without undue delay and, in the opinion of the animal
control warden, animal control administrator,  Department  of
Agriculture  investigator,  approved  humane investigator, or
animal shelter employee, the animal is so  severely  injured,
diseased,  or   suffering  that  it  is  unfit for any useful
purpose and to delay  humane  euthanasia  would  continue  to
cause the animal extreme suffering.

    (510 ILCS 70/2.01c new)
    Sec.  2.01c.  Service  animal.  "Service animal" means an
animal trained in obedience and task skills to meet the needs
of a disabled person.
    (510 ILCS 70/2.01d new)
    Sec. 2.01d.  Search and rescue dog.  "Search  and  rescue
dog"  means any dog that is trained or is certified to locate
persons lost on land or in water.

    (510 ILCS 70/2.01e new)
    Sec.  2.01e.   Animal  Control  Administrator.    "Animal
Control  Administrator"  means a veterinarian licensed by the
State of  Illinois  and  appointed  pursuant  to  the  Animal
Control Act, or his duly authorized representative.

    (510 ILCS 70/2.01f new)
    Sec.  2.01f.   Animal  control facility.  "Animal control
facility" means any facility operated by  or  under  contract
for  the  State,  county,  or  any  municipal  corporation or
political  subdivision  of  the  State  for  the  purpose  of
impounding or harboring seized, stray, homeless, abandoned or
unwanted dogs, cats, and other animals.

    (510 ILCS 70/2.01g new)
    Sec. 2.01g.   Animal  Control  Warden.   "Animal  Control
Warden"  means  any person appointed by the Administrator and
approved by the Board to perform duties as  assigned  by  the
Administrator to effectuate the Animal Control Act.

    (510 ILCS 70/2.01h new)
    Sec.  2.01h.  Animal  shelter.   "Animal shelter" means a
facility  operated,  owned,   or   maintained   by   a   duly
incorporated humane society, animal welfare society, or other
non-profit  organization for the purpose of providing for and
promoting the welfare, protection, and  humane  treatment  of
animals.  "Animal shelter" also means any veterinary hospital
or  clinic  operated  by  a  veterinarian  or   veterinarians
licensed  under  the Veterinary Medicine and Surgery Practice
Act of 1994 which operates for the above mentioned purpose in
addition to its customary purposes.

    (510 ILCS 70/2.07) (from Ch. 8, par. 702.07)
    Sec.  2.07.  Person.    "Person"  means  any  individual,
minor, firm, corporation, partnership, other  business  unit,
society,  association,  or  other legal entity, any public or
private institution, the State of Illinois, or any  municipal
corporation or political subdivision of the State.
(Source: P.A. 78-905.)

    (510 ILCS 70/2.09 new)
    Sec.  2.09.  Humanely  euthanized.  "Humanely euthanized"
means the painless administration of  a  lethal  dose  of  an
agent  or method of euthanasia as prescribed in the Report of
the  American  Veterinary  Medical   Association   Panel   on
Euthanasia   published   in   the  Journal  of  the  American
Veterinary  Medical  Association,  March  1,  2001  (or   any
successor  version  of that Report), that causes the painless
death  of  an  animal.  Animals  must  be  handled  prior  to
administration of the agent or  method  of  euthanasia  in  a
manner to avoid undue apprehension by the animal.

    (510 ILCS 70/2.10 new)
    Sec.  2.10.  Companion animal hoarder.  "Companion animal
hoarder" means a person who (i) possesses a large  number  of
companion animals; (ii) fails to or is unable to provide what
he or she is required to provide under Section 3 of this Act;
(iii)  keeps  the companion animals in a severely overcrowded
environment; and (iv) displays an inability to  recognize  or
understand  the nature of or has a reckless disregard for the
conditions under which the companion animals are  living  and
the  deleterious  impact  they have on the companion animals'
and owner's health and well-being.
    (510 ILCS 70/3.04 new)
    Sec. 3.04.  Arrests and seizures.
    (a)  Any law enforcement officer making an arrest for  an
offense involving one or more companion animals under Section
3.01,  3.02, or 3.03 of this Act may lawfully take possession
of some or all of the companion animals in the possession  of
the  person arrested. The officer, after taking possession of
the companion animals, must file with the court  before  whom
the  complaint  is  made  against  any  person so arrested an
affidavit stating the name  of  the  person  charged  in  the
complaint,  a  description  of the condition of the companion
animal or companion animals taken, and the time and place the
companion animal or companion animals  were  taken,  together
with the name of the person from whom the companion animal or
companion  animals  were  taken  and  name  of the person who
claims to own the companion animal or  companion  animals  if
different  from  the person from whom the companion animal or
companion animals were seized. He or she  must  at  the  same
time   deliver  an  inventory  of  the  companion  animal  or
companion  animals  taken   to   the   court   of   competent
jurisdiction.  The officer must place the companion animal or
companion animals in the custody  of  an  animal  control  or
animal  shelter  and  the  agency  must retain custody of the
companion animal or companion animals subject to an order  of
the  court  adjudicating the charges on the merits and before
which the person complained against is required to appear for
trial. The State's Attorney may, within  14  days  after  the
seizure,  file  a  "petition  for  forfeiture prior to trial"
before  the  court  having  criminal  jurisdiction  over  the
alleged charges,  asking  for  permanent  forfeiture  of  the
companion  animals  seized.  The petition shall be filed with
the court, with copies served on the impounding  agency,  the
owner,  and anyone claiming an interest in the animals.  In a
"petition for forfeiture prior to trial", the  burden  is  on
the  prosecution  to prove by a preponderance of the evidence
that the person arrested violated Section 3.01,  3.02,  3.03,
or 4.01.
    (b)  An owner whose companion animal or companion animals
are  removed  by a law enforcement officer under this Section
must be given written notice  of  the  circumstances  of  the
removal  and  of  any legal remedies available to him or her.
The notice must  be  posted  at  the  place  of  seizure,  or
delivered to a person residing at the place of seizure or, if
the address of the owner is different from the address of the
person  from  whom  the companion animal or companion animals
were seized, delivered by registered mail to his or her  last
known address.

    (510 ILCS 70/3.05 new)
    Sec.  3.05.  Security  for  companion animals and animals
used for fighting purposes.
    (a)  In the case  of  companion  animals  as  defined  in
Section  2.01a or animals used for fighting purposes pursuant
to Section 4.01, the animal control or animal shelter  having
custody of the animal or animals may file a petition with the
court  requesting  that  the  person  from whom the animal or
animals are seized, or the owner of the animal or animals, be
ordered to post security.  The security must be in an  amount
sufficient  to  secure  payment  of  all  reasonable expenses
expected to be incurred  by  the  animal  control  or  animal
shelter in caring for and providing for the animal or animals
pending  the disposition of the charges.  Reasonable expenses
include, but are not limited to, estimated medical  care  and
boarding  of the animal or animals for 30 days. The amount of
the security shall be determined by the  court  after  taking
into  consideration all of the facts and circumstances of the
case, including, but not limited to,  the  recommendation  of
the  impounding  organization  having custody and care of the
seized animal or animals and  the  cost  of  caring  for  the
animal or animals.  If security has been posted in accordance
with  this  Section, the animal control or animal shelter may
draw from the security  the  actual  costs  incurred  by  the
agency in caring for the seized animal or animals.
    (b)  Upon  receipt  of  a  petition, the court must set a
hearing on the petition, to be conducted  within  5  business
days  after the petition is filed.  The petitioner must serve
a true copy of  the  petition  upon  the  defendant  and  the
State's  Attorney  for  the  county  in  which  the animal or
animals were seized.  The petitioner must also serve  a  true
copy  of  the  petition  on  any  interested person.  For the
purposes of this subsection,  "interested  person"  means  an
individual,   partnership,   firm,   joint   stock   company,
corporation,  association,  trust,  estate,  or  other  legal
entity  that  the  court  determines  may  have  a  pecuniary
interest in the animal or animals that are the subject of the
petition.  The court must set a hearing date to determine any
interested parties.  The court may waive for good cause shown
the posting of security.
    (c)  If the court orders the  posting  of  security,  the
security  must be posted with the clerk of the court within 5
business days after the hearing. If  the  person  ordered  to
post  security  does  not  do  so,  the animal or animals are
forfeited by operation of  law  and  the  animal  control  or
animal  shelter  having control of the animal or animals must
dispose of the animal or animals  through  adoption  or  must
humanely euthanize the animal.  In no event may the defendant
or any person residing in the defendant's household adopt the
animal or animals.
    (d)  The impounding organization may file a petition with
the court upon the expiration of the 30-day period requesting
the  posting  of additional security. The court may order the
person from whom the animal or animals were  seized,  or  the
owner  of  the animal or animals, to post additional security
with the clerk of the court to secure payment  of  reasonable
expenses   for   an  additional  period  of  time  pending  a
determination by the court of the charges against the  person
from whom the animal or animals were seized.
    (e)  In  no event may the security prevent the impounding
organization having custody and care of the animal or animals
from disposing of the animal or animals before the expiration
of the 30-day period covered by the  security  if  the  court
makes a final determination of the charges against the person
from  whom  the  animal  or  animals  were  seized.  Upon the
adjudication of  the  charges,  the  person  who  posted  the
security is entitled to a refund of the security, in whole or
in  part,  for  any  expenses  not incurred by the impounding
organization.
    (f)  Notwithstanding any other provision of this  Section
to  the  contrary,  the court may order a person charged with
any violation of this Act to provide necessary  food,  water,
shelter,  and  care  for  any  animal or animals that are the
basis of the charge without the  removal  of  the  animal  or
animals  from  their  existing location and until the charges
against  the  person  are  adjudicated.     Until   a   final
determination  of  the  charges  is made, any law enforcement
officer, animal control officer, Department investigator,  or
an approved humane investigator may be authorized by an order
of  the  court  to make regular visits to the place where the
animal or animals are being kept to ascertain if  the  animal
or  animals are receiving necessary food, water, shelter, and
care.  Nothing in this Section prevents any  law  enforcement
officer,   Department   investigator,   or   approved  humane
investigator from applying for a warrant under  this  Section
to  seize  any  animal  or  animals  being held by the person
charged pending the adjudication of  the  charges  if  it  is
determined  that  the animal or animals are not receiving the
necessary food, water, shelter, or care.
    (g)  Nothing in this Act shall be  construed  to  prevent
the  voluntary, permanent relinquishment of any animal by its
owner to an animal control  or  animal  shelter  in  lieu  of
posting  security  or  proceeding  to  a  forfeiture hearing.
Voluntary relinquishment shall have no effect on the criminal
charges that may be pursued by the appropriate authorities.
    (h)  If an owner of a companion animal  is  acquitted  by
the  court  of  charges  made pursuant to this Act, the court
shall further order that any security that  has  been  posted
for  the  animal  shall  be  returned  to  the  owner  by the
impounding organization.
    (i)  The provisions  of  this  Section  only  pertain  to
companion animals and animals used for fighting purposes.

    (510 ILCS 70/3.06 new)
    Sec.  3.06.  Disposition  of seized companion animals and
animals used for fighting purposes.
    (a)  Upon the  conviction  of  the  person  charged,  all
animals  seized,  if  not  previously  ordered  forfeited  or
previously  forfeited  by  operation of law, are forfeited to
the facility impounding the  animals  and  must  be  humanely
euthanized or adopted.  Any outstanding costs incurred by the
impounding  facility  for  boarding  and treating the animals
pending the disposition of the case and any costs incurred in
disposing  of  the  animals  must  be  borne  by  the  person
convicted.
    (b)  Any person authorized by this Section to care for an
animal or animals, to treat  an  animal  or  animals,  or  to
attempt  to  restore  an animal or animals to good health and
who is acting in good faith  is  immune  from  any  civil  or
criminal liability that may result from his or her actions.
    (c)  The  provisions  of  this  Section  only  pertain to
companion animals and animals used for fighting purposes.
    (510 ILCS 70/3.07 new)
    Sec. 3.07. Veterinarian reports; humane euthanasia.   Any
veterinarian  in this State who observes or is presented with
an animal or animals for the treatment of aggravated  cruelty
under  Section 3.02 or torture under Section 3.03 of this Act
must file a report with the Department and cooperate with the
Department by  furnishing  the  owner's  name,  the  date  of
receipt   of   the   animal  or  animals  and  any  treatment
administered, and a description  of  the  animal  or  animals
involved,  including  a  microchip number if applicable.  Any
veterinarian who in good faith makes a report, as required by
this  Section,  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
presumed.
    An  animal  control warden, animal control administrator,
approved humane investigator, or animal shelter employee  may
humanely  euthanize  severely injured, diseased, or suffering
animals in exigent circumstances.

    (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
    Sec. 4.01.  Prohibitions.
    (a)  No person may own, capture, breed, train,  or  lease
any  animal  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 such animal
and any other animal or human, or the intentional killing  of
any   animal   for   the   purpose  of  sport,  wagering,  or
entertainment.
    (b)  No  person  shall  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,  any  show,  exhibition, program, or other
activity involving a fight between 2 or more animals  or  any
animal and human, or the intentional killing of any animal.
    (c)  No  person  shall  sell  or  offer  for  sale, ship,
transport, or otherwise  move,  or  deliver  or  receive  any
animal  which  he  or  she  knows  or  should  know  has been
captured, bred, or trained, or will be used, to fight another
animal or human or be intentionally killed, for  the  purpose
of sport, wagering, or entertainment.
    (d)  No  person  shall  manufacture  for  sale, shipment,
transportation or delivery any device or equipment which that
person 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 animals, or any human and
animal, or the intentional killing of any animal for purposes
of sport, wagering or entertainment.
    (e)  No  person  shall  own,  possess,  sell or offer for
sale, ship, transport, or otherwise  move  any  equipment  or
device which such person 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 animals, or any animal and human, or the intentional
killing of any animal for  purposes  of  sport,  wagering  or
entertainment.
    (f)  No  person shall make available any site, structure,
or facility, whether enclosed or not, which he or  she  knows
or  should  know  is  intended  to be used for the purpose of
conducting any show, exhibition, program, or  other  activity
involving  a  fight  between 2 or more animals, or any animal
and human, or the intentional killing of any animal.
    (g)  No person shall attend or  otherwise  patronize  any
show,  exhibition,  program,  or  other activity featuring or
otherwise involving a fight between 2 or more animals, or any
animal and human, or the intentional killing  of  any  animal
for the purposes of sport, wagering or entertainment.
    (h)  No  person  shall  tie  or attach or fasten any live
animal to any machine or device propelled by  any  power  for
the  purpose of causing such animal to be pursued by a dog or
dogs. This subsection (h) shall apply only when such  dog  is
intended to be used in a dog fight.
    (i)  Any  animals or equipment involved in a violation of
this Section shall be immediately seized and impounded  under
Section  12  by  the  Department  when  located  at any show,
exhibition, program, or other activity featuring or otherwise
involving  an  animal  fight  for  the  purposes  of   sport,
wagering, or entertainment.
    (j)  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.
    (k)  Any veterinarian in this State who is presented with
an  animal for treatment of injuries or wounds resulting from
fighting where there is a  reasonable  possibility  that  the
animal  was  engaged  in or utilized for a fighting event for
the purposes of sport, wagering, or entertainment shall  file
a  report with the Department and cooperate by furnishing the
owners' names, dates,  and  descriptions  of  the  animal  or
animals 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.
    (l)  No  person  shall  conspire  or  solicit  a minor to
violate this Section.
(Source: P.A. 87-819.)
    (510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
    Sec. 4.02.  Arrests; reports.
    (a)  Any law enforcement officer making an arrest for  an
offense involving one or more dogs under Section 4.01 of this
Act  shall  lawfully  take  possession  of  all  dogs and all
paraphernalia, implements, or other property or  things  used
or employed, or about to be employed, in the violation of any
of  the  provisions  of Section 4.01 of this Act.  When a law
enforcement officer has  taken  Such  officer,  after  taking
possession  of  such dogs, paraphernalia, implements or other
property or things, he or  she  shall  file  with  the  court
before  whom  the  complaint  is  made  against any person so
arrested an affidavit stating therein the name of the  person
charged in the such complaint, a  description of the property
so  taken  and  the  time  and  place  of  the taking thereof
together with the name of the person from whom the  same  was
taken and name of the person who claims to own such property,
if  different  from the person from whom the dogs were seized
and if known, and that the affiant has reason to believe  and
does believe, stating the ground of the such belief, that the
dogs and property so taken were was used or employed, or were
was  about  to  be  used  or employed, in a such violation of
Section 4.01 of this Act.  He or she shall thereupon  deliver
an  inventory  of  the  property  so  taken  to  the court of
competent  jurisdiction.    A  law  enforcement  officer  may
humanely euthanize dogs that are severely injured.
    An owner whose  dogs  are  removed  for  a  violation  of
Section  4.01 of this Act must be given written notice of the
circumstances of  the  removal  and  of  any  legal  remedies
available  to  him  or her.  The notice must be posted at the
place of seizure or delivered to a  person  residing  at  the
place of seizure or, if the address of the owner is different
from  the  address  of  the  person  from  whom the dogs were
seized, delivered by registered mail to his or her last known
address.
    The animal control or animal shelter  having  custody  of
the  dogs  may file a petition with the court requesting that
the person from whom the dogs were seized or the owner of the
dogs be ordered to post security pursuant to Section 3.05  of
this Act, which shall, by order, place the same in custody of
an  officer  or  other  proper person named and designated in
such order, to be kept by him until the conviction  or  final
discharge of such person complained against, and shall send a
copy  of  such order without delay to the State's attorney of
the county and the Department.   The  officer  or  person  so
named   and   designated  in  such  order  shall  immediately
thereupon assume the  custody  of  such  property  and  shall
retain  the  same,  subject  to the order of the court before
which such person so complained against may  be  required  to
appear for trial.
    Upon  the  conviction  of the person so charged, all dogs
shall be adopted  or  humanely  euthanized  and  property  so
seized  shall  be adjudged by the court to be forfeited.  Any
outstanding costs incurred  by  the  impounding  facility  in
boarding and treating the dogs pending the disposition of the
case  and  disposing  of  the  dogs upon a conviction must be
borne  by  the  person  convicted  and  shall  thereupon   be
destroyed  or  otherwise  disposed of as the court may order.
In no event may the dogs  be  adopted  by  the  defendant  or
anyone  residing  in his or her household. If the court finds
that  the  State  either  failed  to   prove   the   criminal
allegations or that the dogs were used in fighting, the court
must  direct  the delivery of the dogs and the other property
not previously  forfeited  to  the  owner  of  the  dogs  and
property.
    Any  person authorized by this Section to care for a dog,
to treat a dog, or to attempt to restore a dog to good health
and who is acting in good faith is immune from any  civil  or
criminal liability that may result from his or her actions.
    An  animal  control warden, animal control administrator,
animal shelter employee, or approved humane investigator  may
humanely  euthanize  severely injured, diseased, or suffering
dog in exigent circumstances In the event of the acquittal or
final discharge without conviction of the person  so  charged
such  court  shall  ,  on demand, direct the delivery of such
property so held in custody to the owner thereof.
    (b)  Any veterinarian in this State who is presented with
an animal for treatment of injuries or wounds resulting  from
fighting  where  there  is  a reasonable possibility that the
animal was engaged in or utilized for a fighting event  shall
file a report with the Department and cooperate by furnishing
the  owners'  names, date of receipt of the animal or animals
and treatment administered, dates  and  descriptions  of  the
animal  or  animals  involved.   Any veterinarian who in good
faith makes a report, as required by this subsection (b),  is
immune   shall  have  immunity  from  any  liability,  civil,
criminal, or that otherwise, resulting from his or her  might
result  by  reason  of such actions.  For the purposes of any
proceedings, civil or criminal, the good faith  of  any  such
veterinarian shall be presumed.
(Source: P.A. 84-723.)

    (510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
    Sec.  4.03.  Teasing,  striking  or tampering with police
animals,  service  animals,  or  search   and   rescue   dogs
prohibited.  It shall be unlawful for any person to willfully
and  maliciously  taunt,  torment,  tease,  beat,  strike, or
administer or subject any desensitizing drugs,  chemicals  or
substance to (i) any animal used by a law enforcement officer
in the performance of his or her functions or duties, or when
placed  in  confinement  off  duty,  (ii) any service animal,
(iii) any search and rescue dog, or (iv) any police, service,
or search and rescue animal in training.  It is unlawful  for
any  person  to;  or to interfere or meddle with (i) any such
animal used by a law enforcement department or agency or  any
handler thereof in the performance of the functions or duties
of  the  department or agency, (ii) any service animal, (iii)
any search and rescue  dog,  or  (iv)  any  law  enforcement,
service, or search and rescue animal in training.
(Source: P.A. 90-80, eff. 7-10-97.)

    (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
    Sec.  4.04.  Injuring  or killing police animals, service
animals, or search and rescue dogs prohibited.  It  shall  be
unlawful  for any person to willfully or maliciously torture,
mutilate, injure, disable, poison, or  kill  (i)  any  animal
used  by  a  law  enforcement  department  or  agency  in the
performance of the functions or duties of the  department  or
agency  or  when  placed  in  confinement  off duty, (ii) any
service animal, (iii) any search and rescue dog, or (iv)  any
law  enforcement,  service,  or  search  and rescue animal in
training.  However, a  police  officer  or  veterinarian  may
perform  euthanasia  in emergency situations when delay would
cause the animal undue suffering and pain.
(Source: P.A. 90-80, eff. 7-10-97; 91-357, eff. 7-29-99.)

    (510 ILCS 70/10) (from Ch. 8, par. 710)
    Sec. 10.  Investigation of complaints.
    (a)  Upon receiving a complaint of a suspected  violation
of  this  Act, a Department investigator, any law enforcement
official, or an approved humane  investigator  may,  for  the
purpose  of  investigating  the allegations of the complaint,
enter during normal business hours upon  any  premises  where
the  animal  or animals described in the complaint are housed
or kept, provided such entry  shall  not  be  made  into  any
building  which  is  a  person's  residence, except by search
warrant or court order. Institutions operating under  federal
license   to  conduct  laboratory  experimentation  utilizing
animals for research or medical purposes are, however, exempt
from the provisions of this Section.  State's  Attorneys  and
law  enforcement  officials  shall provide such assistance as
may be required in the conduct of  such  investigations.  Any
such   investigation  requiring  legal  procedures  shall  be
immediately  reported  to  the  Department.  No  employee  or
representative of the  Department  shall  enter  a  livestock
management  facility  unless  sanitized  footwear is used, or
unless the owner or operator  of  the  facility  waives  this
requirement.   The  employee  or representative must also use
any  other  reasonable  disease  prevention   procedures   or
equipment  provided by the owner or operator of the facility.
The animal control administrator and animal  control  wardens
appointed under the Animal Control Act shall be authorized to
make  investigations  complying with this Section for alleged
violations of Sections 3, and 3.01, 3.02, and 3.03 pertaining
to small companion  animals.  If  impoundments  are  made  by
wardens,  public  pounds operated by a political entity shall
be utilized. The animals impounded  shall  remain  under  the
jurisdiction  of the animal control administrator and be held
in an animal shelter pound licensed under the Animal  Welfare
Act.   All litigation, appeal, and disposition of the animals
so held will remain with the  governmental  agency  operating
the facility.
    (b)  Any veterinarian acting in good faith is immune from
any  civil  or  criminal  liability resulting from his or her
actions under this Section. The good faith on the part of the
veterinarian is presumed.
(Source: P.A. 87-157.)

    (510 ILCS 70/12) (from Ch. 8, par. 712)
    Sec. 12.  Impounding animals; notice of impoundment.
    (a)  When an approved humane investigator,  a  Department
investigator or a veterinarian finds that a violation of this
Act has rendered an animal in such a condition that no remedy
or corrective action by the owner is possible or the violator
fails  or  refuses  to  take  corrective action necessary for
compliance pursuant to Section 11 of this Act, the Department
must may impound or order the impoundment of the animal.   If
the  violator  fails  or  refuses  to  take corrective action
necessary for compliance with Section 11  of  this  Act,  the
Department  may  impound the animal. If the animal is ordered
impounded, it shall be impounded in a facility or at  another
location  where  which will provide the elements of good care
as set forth in Section 3 of this Act can  be  provided,  and
where  such  animals  shall  be  examined  and  treated  by a
licensed veterinarian or, if the animal is severely  injured,
diseased,  or  suffering,  humanely  euthanized.  Any expense
incurred in the  impoundment  shall  become  a  lien  on  the
animals.
    (b)  Emergency   impoundment   may   be  exercised  in  a
life-threatening situation and the subject animals  shall  be
conveyed  directly  to  a  licensed  veterinarian for medical
services  necessary  to  sustain  life  or  to  be   humanely
euthanized  as  determined  by  the  veterinarian.   If  such
emergency  procedure  is  taken by an animal control officer,
the Department shall be notified.
    (c) (b)  A notice of impoundment shall be  given  by  the
investigator  to the violator, if known, in person or sent by
certified or registered mail.  If  the  investigator  is  not
able  to  serve  the  violator  in person or by registered or
certified mail, the notice may be given by publication  in  a
newspaper  of  general circulation in the county in which the
violator's last known address is located.   A  copy   of  the
notice  shall  be  retained  by  the  investigator and a copy
forwarded  immediately  to  the  Department.  The  notice  of
impoundment shall include the following:
         (1)  A number assigned by the Department which  will
    also  be  given  to the impounding facility accepting the
    responsibility of the animal or animals.
         (2)  Listing of deficiencies noted.
         (3)  An  accurate  description  of  the  animal   or
    animals involved.
         (4)  Date  on  which  the  animal  or  animals  were
    impounded.
         (5)  Signature of the investigator.
         (6)  A  statement  that: "The violator may request a
    hearing to appeal the impoundment. A  person  desiring  a
    hearing  shall  contact  the  Department  of  Agriculture
    within  7  days  from  the  date  of impoundment" and the
    Department  must  will  hold  an  administrative  hearing
    within 7 business  days  after  receiving  a  request  to
    appeal  the  impoundment.  If  the hearing cannot be held
    prior to the expiration of the 7-day impoundment  period,
    the  Department shall notify the impounding facility that
    it cannot sell, offer for adoption,  or  dispose  of  the
    animal  or animals until a final decision is rendered and
    all of the appeal processes have expired.
    If a hearing is  requested  by  any  owner  of  impounded
animals,  the Hearing Officer shall, have the authority after
hearing the testimony of all interested affected parties,  to
render  a decision within 5 business days regarding as to the
disposition of the impounded animals.  This decision  by  the
Hearing  Officer shall have no effect on the criminal charges
that may be filed with the appropriate authorities.
    If an owner of a companion  animal  or  animal  used  for
fighting  purposes  requests a hearing, the animal control or
animal shelter having control of the animal  or  animals  may
file  a  petition  with  the  court  in  the county where the
impoundment took place requesting that the person  from  whom
the  animal or animals were seized or the owner of the animal
or  animals  be  ordered  to  post   security   pursuant   to
subsections (a) and (b) of Section 3.05 of this Act.
    If the court orders the posting of security, the security
must  be posted with the clerk of the court within 5 business
days after  the  hearing.  If  the  person  ordered  to  post
security  does not do so, the court must order the Department
of Agriculture to hold a hearing on the impoundment within  5
business  days.   If,  upon  final administrative or judicial
determination, it is  found  that  it  is  not  in  the  best
interest  of  the  animal  or  animals  to be returned to the
person from whom it was seized, the  animal  or  animals  are
forfeited  to  the  animal  control  or animal shelter having
control of the animal or animals.  If  no  petition  for  the
posting  of  security  is  filed  or a petition was filed and
granted but the person failed to post security,  any  expense
incurred  in  the  impoundment shall remain outstanding until
satisfied by the owner or the person from whom the animal  or
animals were impounded.
    Any  expense  incurred in such impoundment becomes a lien
on the animal impounded and must  be  discharged  before  the
animal is released from the facility. When the impoundment is
not  appealed,  the  animal  or animals are forfeited and the
animal control or animal shelter in charge of the  animal  or
animals  may  lawfully  and  without  liability  provide  for
adoption  of the animal or animals by a person other than the
person who forfeited the animal or animals, or any person  or
persons  dwelling  in  the  same  household as the person who
forfeited the animal or animals, or it may humanely euthanize
the animal or animals. the animal is not claimed by its owner
and all impoundment costs satisfied within 7 days, it may  be
sold  at  public  or private sale for fair consideration to a
person capable of providing care consistent  with  this  Act,
with the proceeds of that sale applied first to discharge the
lien  and  any  balance  to  be paid over to the owner. If no
purchaser is found, the animal may be offered for adoption or
disposed of in a manner not inconsistent  with  this  or  any
other Act.
(Source: P.A. 88-600, eff. 9-1-94.)

    (510 ILCS 70/16) (from Ch. 8, par. 716)
    Sec. 16.  Violations; punishment; injunctions.
    (a)  Any  person convicted of violating subsection (l) of
Section 4.01 or Sections 5, 5.01, or 6 of this Act    or  any
rule,   regulation,  or  order  of  the  Department  pursuant
thereto, is guilty of a Class A C misdemeanor.  A  second  or
subsequent  violation  of  Section 5, 5.01, or 6 is a Class 4
felony.
         (b)(1)  This subsection (b) does not apply where the
    only animals involved in the violation are dogs.
         (2)  Any person convicted  of  violating  subsection
    (a),  (b),  (c) or (h) of Section 4.01 of this Act or any
    rule, regulation, or order  of  the  Department  pursuant
    thereto, is guilty of a Class A misdemeanor.
         (3)  A  second  or  subsequent offense involving the
    violation of subsection (a), (b) or (c) of  Section  4.01
    of  this  Act  or  any  rule, regulation, or order of the
    Department pursuant thereto is a Class 4 felony.
         (4)  Any person convicted  of  violating  subsection
    (d),  (e) or (f) of Section 4.01 of this Act or any rule,
    regulation, or order of the Department pursuant  thereto,
    is  guilty  of  a  Class  A  B  misdemeanor.  A second or
    subsequent violation is a Class 4 felony.
         (5)  Any person convicted  of  violating  subsection
    (g)  of Section 4.01 of this Act or any rule, regulation,
    or order of the Department pursuant thereto is guilty  of
    a Class C misdemeanor.
         (c)(1)  This   subsection  (c)  applies  exclusively
    where the only animals  involved  in  the  violation  are
    dogs.
         (2)  Any  person  convicted  of violating subsection
    (a), (b) or (c) of Section 4.01 of this Act or any  rule,
    regulation or order of the Department pursuant thereto is
    guilty of a Class 4 felony and may be fined an amount not
    to exceed $50,000.
         (3)  Any  person  convicted  of violating subsection
    (d), (e) or (f) of Section 4.01 of this Act or any  rule,
    regulation or order of the Department pursuant thereto is
    guilty  of  Class  A  misdemeanor, if such person knew or
    should have known that  the  device  or  equipment  under
    subsection  (d)  or  (e)  of  that  Section  or the site,
    structure  or  facility  under  subsection  (f)  of  that
    Section was to be used to carry out a violation where the
    only animals involved were dogs.  Where such  person  did
    not  know  or should not reasonably have been expected to
    know that the only animals involved in the violation were
    dogs, the penalty shall be same as that provided  for  in
    paragraph (4) of subsection (b).
         (4)  Any  person  convicted  of violating subsection
    (g) of Section 4.01 of this Act or any  rule,  regulation
    or order of the Department pursuant thereto is  guilty of
    a Class C misdemeanor.
         (5)  A  second or subsequent violation of subsection
    (a), (b) or (c) of Section 4.01 of this Act or any  rule,
    regulation or order of the Department pursuant thereto is
    a  Class  3  felony.  A second or subsequent violation of
    subsection (d), (e) or (f) of Section 4.01 of this Act or
    any rule, regulation or order of the  Department  adopted
    pursuant  thereto  is  a  Class  3  felony,  if  in  each
    violation  the  person knew or should have known that the
    device or equipment under subsection (d) or (e)  of  that
    Section   or   the  site,  structure  or  facility  under
    subsection (f) of that Section was to be  used  to  carry
    out  a  violation  where  the  only animals involved were
    dogs.  Where such person  did  not  know  or  should  not
    reasonably  have  been  expected  to  know  that the only
    animals involved in the violation were dogs, a second  or
    subsequent  violation  of  subsection  (d), (e) or (f) of
    Section 4.01 of this Act or any rule, regulation or order
    of the Department adopted pursuant thereto is a  Class  A
    misdemeanor.    A   second  or  subsequent  violation  of
    subsection (g) is a Class B misdemeanor.
         (6)  Any person convicted of violating Section  3.01
    of  this  Act  is  guilty  of a Class A C misdemeanor.  A
    second  or  subsequent  conviction  for  a  violation  of
    Section 3.01 is a Class 4 felony B misdemeanor.  A  third
    or  subsequent conviction for a violation of Section 3.01
    is a Class A misdemeanor.
         (7)  Any person convicted of violating Section  4.03
    is  guilty  of  a  Class  A  B  misdemeanor.  A second or
    subsequent violation is a Class 4 felony.
         (8)  Any person convicted of violating Section  4.04
    is  guilty  of  a Class A misdemeanor where the animal is
    not killed or totally disabled,  but  if  the  animal  is
    killed or totally disabled such person shall be guilty of
    a Class 4 felony.
         (8.5)  A  person  convicted  of violating subsection
    (a) of Section 7.15 is guilty of a Class A B misdemeanor.
    A person convicted of violating subsection (b) or (c)  of
    Section  7.15  is  (i) guilty of a Class A misdemeanor if
    the dog is not killed or totally disabled and (ii) if the
    dog is killed or totally disabled, guilty of  a  Class  4
    felony   and   may  be  ordered  by  the  court  to  make
    restitution to the  disabled  person  having  custody  or
    ownership of the dog for veterinary bills and replacement
    costs  of the dog.  A second or subsequent violation is a
    Class 4 felony.
         (9)  Any person convicted of any other act of  abuse
    or  neglect  or  of violating any other provision of this
    Act, or any rule, regulation, or order of the  Department
    pursuant  thereto,  is guilty of a Class B C misdemeanor.
    A second or subsequent violation is a Class 4 felony with
    every day  that  a  violation  continues  constituting  a
    separate offense.
    (d)  Any  person  convicted  of  violating Section 7.1 is
guilty of a Class C misdemeanor petty offense.  A  second  or
subsequent  conviction  for  a  violation of Section 7.1 is a
Class B C misdemeanor.
    (e)  Any person convicted of violating  Section  3.02  is
guilty  of  a  Class  4  felony  A  misdemeanor.  A second or
subsequent violation is a Class 3 4 felony.
    (f)  The Department may enjoin a person from a continuing
violation of this Act.
    (g)  Any person convicted of violating  Section  3.03  is
guilty of a Class 3 4 felony.  A second or subsequent offense
is  a Class 3 felony.  As a condition of the sentence imposed
under this Section, the court shall  order  the  offender  to
undergo  a  psychological  or  psychiatric  evaluation and to
undergo treatment that the court determines to be appropriate
after due consideration of the evaluation.
    (h)  In addition to any other penalty  provided  by  law,
upon  a  conviction  for violating Sections 3, 3.01, 3.02, or
3.03 the court may order the convicted person  to  undergo  a
psychological  or  psychiatric  evaluation and to undergo any
treatment at the convicted person's expense  that  the  court
determines  to  be appropriate after due consideration of the
evaluation. If the  convicted  person  is  a  juvenile  or  a
companion  animal hoarder, the court must order the convicted
person to undergo a psychological or  psychiatric  evaluation
and  to  undergo  treatment  that  the court determines to be
appropriate after due consideration of the evaluation.
    (i)  In addition to any other penalty  provided  by  law,
upon conviction for violating Sections 3, 3.01, 3.02, or 3.03
the  court  may  order  the convicted person to forfeit to an
animal control or animal shelter the animal or  animals  that
are   the  basis  of  the  conviction.   Upon   an  order  of
forfeiture,  the  convicted  person   is   deemed   to   have
permanently  relinquished all rights to the animal or animals
that are the basis of the conviction.  The  forfeited  animal
or  animals  shall  be adopted or humanely euthanized.  In no
event may the convicted person or anyone residing in  his  or
her  household  be permitted to adopt the forfeited animal or
animals.    The  court,  additionally,  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 other animals for a
period of time that the court deems reasonable.
(Source:  P.A.  90-14,  eff.  7-1-97;  90-80,  eff.  7-10-97;
91-291,  eff.  1-1-00;  91-351,  eff.  7-29-99;  91-357, eff.
7-29-99; revised 8-30-99.)

    (510 ILCS 70/16.1 new)
    Sec. 16.1.  Defenses. It is not a defense  to  violations
of this Act for the person committing the violation to assert
that he or she had rights of ownership in the animal that was
the victim of the violation.

    (510 ILCS 70/16.2 new)
    Sec.  16.2.  Corporations.   Corporations  may be charged
with violations of this Act for the acts of  their  employees
or  agents  who  violate  this  Act  in  the  course of their
employment or agency.
    (510 ILCS 70/16.3 new)
    Sec. 16.3.  Civil actions. Any person who has a right  of
ownership  in  an  animal  that  is  subjected  to  an act of
aggravated  cruelty  under  Section  3.02  or  torture  under
Section 3.03 in violation of this Act or in an animal that is
injured or killed as a result of actions taken  by  a  person
who acts in bad faith under subsection (b) of Section 3.06 or
under  Section  12  of  this  Act may bring a civil action to
recover the damages sustained by  that  owner.   Damages  may
include,  but  are  not limited to, the monetary value of the
animal, veterinary expenses incurred on behalf of the animal,
any other expenses incurred by the owner  in  rectifying  the
effects  of  the  cruelty, pain, and suffering of the animal,
and emotional distress suffered by the owner.  In addition to
damages that may be proven, the owner  is  also  entitled  to
punitive  or  exemplary damages of not less than $500 but not
more than $25,000 for each act of abuse or neglect  to  which
the  animal was subjected.  In addition, the court must award
reasonable attorney's fees and costs actually incurred by the
owner in the prosecution of any action under this Section.
    The remedies provided in this Section are in addition  to
any other remedies allowed by law.
    In  an action under this Section, the court may enter any
injunctive orders reasonably  necessary  to  protect  animals
from  any  further acts of abuse, neglect, or harassment by a
defendant.
    The statute of limitations for cruelty to  animals  is  2
years.

    (510 ILCS 70/16.4 new)
    Sec.  16.4.  Illinois  Animal  Abuse  Fund.  The Illinois
Animal Abuse Fund is created as a special fund in  the  State
treasury.   Moneys  in  the  Fund  may  be  used,  subject to
appropriation,  by   the   Department   of   Agriculture   to
investigate animal abuse and neglect under this Act.

    Section  10.   The  Clerks  of  Courts  Act is amended by
changing Sections 27.5 and 27.6 as follows:

    (705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
    Sec.  27.5.  (a)  All  fees,  fines,  costs,   additional
penalties, bail balances assessed or forfeited, and any other
amount  paid  by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section  5-5-6
of  the  Unified  Code  of Corrections, reimbursement for the
costs of an emergency  response  as  provided  under  Section
5-5-3  of the Unified Code of Corrections, any fees collected
for attending a traffic safety program under paragraph (c) of
Supreme Court Rule 529, any fee  collected  on  behalf  of  a
State's Attorney under Section 4-2002 of the Counties Code or
a  sheriff  under Section 4-5001 of the Counties Code, or any
cost imposed under Section 124A-5 of  the  Code  of  Criminal
Procedure of 1963, for convictions, orders of supervision, or
any  other  disposition  for a violation of Chapters 3, 4, 6,
11, and 12  of  the  Illinois  Vehicle  Code,  or  a  similar
provision  of  a  local  ordinance,  and any violation of the
Child Passenger Protection Act, or a similar provision  of  a
local  ordinance,  and  except  as provided in subsection (b)
shall be disbursed  within  60  days  after  receipt  by  the
circuit  clerk  as  follows:   47%  shall be disbursed to the
entity authorized by law to receive the fine imposed  in  the
case;  12% shall be disbursed to the State Treasurer; and 41%
shall be disbursed to the county's general corporate fund. Of
the 12% disbursed  to  the  State  Treasurer,  1/6  shall  be
deposited  by  the  State  Treasurer  into  the Violent Crime
Victims Assistance Fund, 1/2  shall  be  deposited  into  the
Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
be  deposited  into  the  Drivers Education Fund.  For fiscal
years 1992 and 1993, amounts deposited into the Violent Crime
Victims Assistance Fund, the Traffic and Criminal  Conviction
Surcharge  Fund,  or  the  Drivers  Education  Fund shall not
exceed 110% of the amounts  deposited  into  those  funds  in
fiscal  year  1991.   Any  amount that exceeds the 110% limit
shall be distributed as follows:  50% shall be  disbursed  to
the   county's  general  corporate  fund  and  50%  shall  be
disbursed to the entity authorized by law to receive the fine
imposed in the case. Not later than March 1 of each year  the
circuit  clerk  shall  submit a report of the amount of funds
remitted to the State Treasurer under this Section during the
preceding year based upon independent verification  of  fines
and  fees.   All  counties  shall be subject to this Section,
except that counties with a population under  2,000,000  may,
by  ordinance,  elect not to be subject to this Section.  For
offenses subject to this Section,  judges  shall  impose  one
total sum of money payable for violations.  The circuit clerk
may  add on no additional amounts except for amounts that are
required by Sections 27.3a and  27.3c  of  this  Act,  unless
those  amounts  are  specifically  waived by the judge.  With
respect to money collected by the circuit clerk as  a  result
of  forfeiture  of  bail,  ex  parte  judgment or guilty plea
pursuant to Supreme Court Rule 529, the circuit  clerk  shall
first  deduct  and pay amounts required by Sections 27.3a and
27.3c of this Act. This Section is a denial and limitation of
home rule  powers  and  functions  under  subsection  (h)  of
Section 6 of Article VII of the Illinois Constitution.
    (b)  The  following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
         (1)  50% of amounts collected for Class  4  felonies
    under  subsection  (a),  paragraph (4) of subsection (b),
    and paragraphs (6), (7), (8.5), and (9) of subsection (c)
    of Section 16 of the Humane  Care  for  Animals  Act  and
    Class 3 felonies under paragraph (5) of subsection (c) of
    Section 16 of that Act.
         (2)  20%   of   amounts   collected   for   Class  A
    misdemeanors  under  subsection  (a),  paragraph  (4)  of
    subsection (b), and paragraphs (6) and (7) of  subsection
    (c)  of Section 16 of the Humane Care for Animals Act and
    Class B misdemeanors under paragraph  (9)  of  subsection
    (c) of Section 16 of that Act.
         (3)  20%   of   amounts   collected   for   Class  B
    misdemeanors under subsection (d) of Section  16  of  the
    Humane Care for Animals Act.
         (4)  50%   of   amounts   collected   for   Class  C
    misdemeanors under subsection (d) of Section  16  of  the
    Humane Care for Animals Act.
(Source: P.A. 89-234, eff. 1-1-96.)

    (705 ILCS 105/27.6)
    Sec.   27.6.  (a)  All  fees,  fines,  costs,  additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the  circuit  clerk  equalling  an
amount  of $55 or more, except the additional fee required by
subsections (b) and (c), restitution under Section  5-5-6  of
the  Unified Code of Corrections, reimbursement for the costs
of an emergency response as provided under Section  5-5-3  of
the  Unified  Code  of  Corrections,  any  fees collected for
attending a traffic safety program  under  paragraph  (c)  of
Supreme  Court  Rule  529,  any  fee collected on behalf of a
State's Attorney under Section 4-2002 of the Counties Code or
a sheriff under Section 4-5001 of the Counties Code,  or  any
cost  imposed  under  Section  124A-5 of the Code of Criminal
Procedure of 1963, for convictions, orders of supervision, or
any other disposition for a violation of Chapters  3,  4,  6,
11,  and  12  of  the  Illinois  Vehicle  Code,  or a similar
provision of a local ordinance,  and  any  violation  of  the
Child  Passenger  Protection Act, or a similar provision of a
local ordinance, and except as  provided  in  subsection  (d)
shall  be  disbursed  within  60  days  after  receipt by the
circuit clerk as follows:  44.5% shall be  disbursed  to  the
entity  authorized  by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer;  and
38.675%  shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State  Treasurer,  2/17
shall  be  deposited  by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17  shall  be  deposited
into the Traffic and Criminal Conviction Surcharge Fund, 3/17
shall  be  deposited  into  the  Drivers  Education Fund, and
6.948/17 shall be deposited into the Trauma Center  Fund.  Of
the  6.948/17  deposited into the Trauma Center Fund from the
16.825% disbursed  to  the  State  Treasurer,  50%  shall  be
disbursed to the Department of Public Health and 50% shall be
disbursed  to  the  Department of Public Aid. For fiscal year
1993,  amounts  deposited  into  the  Violent  Crime  Victims
Assistance  Fund,  the  Traffic   and   Criminal   Conviction
Surcharge  Fund,  or  the  Drivers  Education  Fund shall not
exceed 110% of the amounts  deposited  into  those  funds  in
fiscal  year  1991.   Any  amount that exceeds the 110% limit
shall be distributed as follows:  50% shall be  disbursed  to
the   county's  general  corporate  fund  and  50%  shall  be
disbursed to the entity authorized by law to receive the fine
imposed in the case. Not later than March 1 of each year  the
circuit  clerk  shall  submit a report of the amount of funds
remitted to the State Treasurer under this Section during the
preceding year based upon independent verification  of  fines
and  fees.   All  counties  shall be subject to this Section,
except that counties with a population under  2,000,000  may,
by  ordinance,  elect not to be subject to this Section.  For
offenses subject to this Section,  judges  shall  impose  one
total sum of money payable for violations.  The circuit clerk
may  add on no additional amounts except for amounts that are
required by Sections 27.3a and  27.3c  of  this  Act,  unless
those  amounts  are  specifically  waived by the judge.  With
respect to money collected by the circuit clerk as  a  result
of  forfeiture  of  bail,  ex  parte  judgment or guilty plea
pursuant to Supreme Court Rule 529, the circuit  clerk  shall
first  deduct  and pay amounts required by Sections 27.3a and
27.3c of this Act. This Section is a denial and limitation of
home rule  powers  and  functions  under  subsection  (h)  of
Section 6 of Article VII of the Illinois Constitution.
    (b)  In  addition  to  any  other  fines  and court costs
assessed by the courts, any person convicted or receiving  an
order  of  supervision  for  driving  under  the influence of
alcohol or drugs shall pay an additional fee of  $25  to  the
clerk  of  the  circuit court.  This amount, less 2 1/2% that
shall be used to defray administrative costs incurred by  the
clerk, shall be remitted by the clerk to the Treasurer within
60  days  after  receipt  for  deposit into the Trauma Center
Fund.  This additional fee of $25 shall not be  considered  a
part  of  the  fine for purposes of any reduction in the fine
for time served either before or after sentencing.  Not later
than March 1 of each year the Circuit Clerk  shall  submit  a
report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
    (c)  In  addition  to  any  other  fines  and court costs
assessed by the courts, any person convicted for a  violation
of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
1961  or  a  person sentenced for a violation of the Cannabis
Control Act or the Controlled  Substance  Act  shall  pay  an
additional  fee  of  $100  to the clerk of the circuit court.
This amount, less  2  1/2%  that  shall  be  used  to  defray
administrative costs incurred by the clerk, shall be remitted
by  the  clerk  to the Treasurer within 60 days after receipt
for deposit into the Trauma Center Fund.  This additional fee
of $100 shall not be  considered  a  part  of  the  fine  for
purposes  of any reduction in the fine for time served either
before or after sentencing.  Not later than March 1  of  each
year the Circuit Clerk shall submit a report of the amount of
funds  remitted  to the State Treasurer under this subsection
during the preceding calendar year.
    (d)  The following amounts must be remitted to the  State
Treasurer for deposit into the Illinois Animal Abuse Fund:
         (1)  50%  of  amounts collected for Class 4 felonies
    under subsection (a), paragraph (4)  of  subsection  (b),
    and paragraphs (6), (7), (8.5), and (9) of subsection (c)
    of  Section  16  of  the  Humane Care for Animals Act and
    Class 3 felonies under paragraph (5) of subsection (c) of
    Section 16 of that Act.
         (2)  20%  of   amounts   collected   for   Class   A
    misdemeanors  under  subsection  (a),  paragraph  (4)  of
    subsection  (b), and paragraphs (6) and (7) of subsection
    (c) of Section 16 of the Humane Care for Animals Act  and
    Class  B  misdemeanors  under paragraph (9) of subsection
    (c) of Section 16 of that Act.
         (3)  20%  of   amounts   collected   for   Class   B
    misdemeanors  under  subsection  (d) of Section 16 of the
    Humane Care for Animals Act.
         (4)  50%  of   amounts   collected   for   Class   C
    misdemeanors  under  subsection  (d) of Section 16 of the
    Humane Care for Animals Act.
(Source: P.A.  89-105,  eff.  1-1-96;  89-234,  eff.  1-1-96;
89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)

    Section 15.  The Juvenile Court Act of 1987 is amended by
changing Sections 5-615, 5-710, and 5-715 as follows:

    (705 ILCS 405/5-615)
    Sec. 5-615.  Continuance under supervision.
    (1)  The  court  may  enter an order of continuance under
supervision for an offense other than first degree murder,  a
Class  X felony or a forcible felony (a) upon an admission or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b) in the absence of objection made in  open  court  by  the
minor,  his  or her parent, guardian, or legal custodian, the
minor's attorney or the State's Attorney.
    (2)  If the minor, his or her parent, guardian, or  legal
custodian,  the  minor's attorney or State's Attorney objects
in open court to any continuance and insists upon  proceeding
to findings and adjudication, the court shall so proceed.
    (3)  Nothing  in  this  Section  limits  the power of the
court  to  order  a  continuance  of  the  hearing  for   the
production  of  additional  evidence  or for any other proper
reason.
    (4)  When a hearing where a minor  is  alleged  to  be  a
delinquent  is continued pursuant to this Section, the period
of continuance under supervision may not  exceed  24  months.
The  court  may  terminate a continuance under supervision at
any time if warranted by the conduct of  the  minor  and  the
ends of justice.
    (5)  When  a  hearing  where  a  minor  is  alleged to be
delinquent is continued pursuant to this Section,  the  court
may,  as  conditions  of  the  continuance under supervision,
require the minor to do any of the following:
         (a)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (b)  make  a  report  to and appear in person before
    any person or agency as directed by the court;
         (c)  work or pursue a course of study or  vocational
    training;
         (d)  undergo  medical or psychotherapeutic treatment
    rendered by a therapist licensed under the provisions  of
    the   Medical   Practice   Act  of  1987,   the  Clinical
    Psychologist Licensing Act, or the Clinical  Social  Work
    and  Social  Work  Practice Act, or an entity licensed by
    the Department of Human Services as a  successor  to  the
    Department  of  Alcoholism  and  Substance Abuse, for the
    provision of drug addiction and alcoholism treatment;
         (e)  attend or reside in a facility established  for
    the instruction or residence of persons on probation;
         (f)  support his or her dependents, if any;
         (g)  pay costs;
         (h)  refrain  from  possessing  a  firearm  or other
    dangerous weapon, or an automobile;
         (i)  permit the probation officer to  visit  him  or
    her at his or her home or elsewhere;
         (j)  reside  with  his or her parents or in a foster
    home;
         (k)  attend school;
         (l)  attend a non-residential program for youth;
         (m)  contribute to his or her own support at home or
    in a foster home;
         (n)  perform some  reasonable  public  or  community
    service;
         (o)  make  restitution  to  the  victim, in the same
    manner and under  the  same  conditions  as  provided  in
    subsection   (4)   of  Section  5-710,  except  that  the
    "sentencing hearing" referred to in that Section shall be
    the adjudicatory hearing for purposes of this Section;
         (p)  comply with curfew requirements  as  designated
    by the court;
         (q)  refrain   from   entering   into  a  designated
    geographic area except upon  terms  as  the  court  finds
    appropriate.   The terms may include consideration of the
    purpose of the entry, the  time  of  day,  other  persons
    accompanying   the  minor,  and  advance  approval  by  a
    probation officer;
         (r)  refrain from having any  contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (r-5)  undergo a medical or other procedure to  have
    a  tattoo symbolizing allegiance to a street gang removed
    from his or her body;
         (s)  refrain from having in  his  or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by a physician, and submit samples of
    his or her blood or urine or both for tests to  determine
    the presence of any illicit drug;  or
         (t)  comply  with  any  other  conditions  as may be
    ordered by the court.
    (6)  A minor whose case is  continued  under  supervision
under  subsection  (5)  shall  be given a certificate setting
forth the conditions imposed by the court.  Those  conditions
may  be reduced, enlarged, or modified by the court on motion
of the probation officer or on its own motion, or that of the
State's Attorney, or, at  the  request  of  the  minor  after
notice and hearing.
    (7)  If  a  petition  is  filed charging a violation of a
condition of the continuance  under  supervision,  the  court
shall conduct a hearing.  If the court finds that a condition
of  supervision has not been fulfilled, the court may proceed
to findings and adjudication and disposition.  The filing  of
a  petition  for  violation of a condition of the continuance
under supervision shall toll the period of continuance  under
supervision  until the final determination of the charge, and
the term of the continuance under supervision shall  not  run
until  the  hearing  and  disposition  of  the  petition  for
violation;   provided where the petition alleges conduct that
does not constitute a criminal offense, the hearing  must  be
held  within  30  days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
    (8)  When a hearing in which a minor is alleged to  be  a
delinquent  for  reasons  that include a violation of Section
21-1.3 of the Criminal Code of 1961 is continued  under  this
Section,  the  court shall, as a condition of the continuance
under supervision, require the  minor  to  perform  community
service  for not less than 30 and not more than 120 hours, if
community service is  available  in  the  jurisdiction.   The
community  service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused  by  the
alleged  violation  or  similar damage to property located in
the municipality or county in  which  the  alleged  violation
occurred.   The  condition  may  be  in addition to any other
condition.
    (8.5)  When a hearing in which a minor is alleged to be a
delinquent for reasons that include a  violation  of  Section
3.02  or  Section  3.03 of the Humane Care for Animals Act or
paragraph (d) of  subsection  (1)  of  Section  21-1  of  the
Criminal  Code  of  1961 is continued under this Section, the
court  shall,  as  a  condition  of  the  continuance   under
supervision,   require   the  minor  to  undergo  medical  or
psychiatric  treatment  rendered   by   a   psychiatrist   or
psychological  treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
    (9)  When a hearing in which a minor is alleged to  be  a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either:  (i) was related to or
in  furtherance of the activities of an organized gang or was
motivated by the minor's membership in or  allegiance  to  an
organized  gang,  or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 of the Criminal Code of  1961,
a violation of any Section of Article 24 of the Criminal Code
of  1961,  or  a  violation  of any statute that involved the
unlawful use of a  firearm.   If  the  court  determines  the
question  in  the affirmative the court shall, as a condition
of the continuance under supervision and as  part  of  or  in
addition  to  any other condition of the supervision, require
the minor to perform community service for not less  than  30
hours,  provided  that  community service is available in the
jurisdiction and is funded and approved by the  county  board
of the county where the offense was committed.  The community
service  shall  include,  but  need  not  be  limited to, the
cleanup and  repair  of  any  damage  caused  by  an  alleged
violation  of Section 21-1.3 of the Criminal Code of 1961 and
similar damage to property located  in  the  municipality  or
county   in  which  the  alleged  violation  occurred.   When
possible and  reasonable,  the  community  service  shall  be
performed  in  the minor's neighborhood.  For the purposes of
this Section, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois  Streetgang  Terrorism  Omnibus
Prevention Act.
    (10)  The  court  shall  impose  upon  a  minor placed on
supervision, as a condition of the supervision, a fee of  $25
for  each  month  of supervision ordered by the court, unless
after determining  the  inability  of  the  minor  placed  on
supervision  to  pay  the  fee,  the  court assesses a lesser
amount.  The court may not impose the fee on a minor  who  is
made a ward of the State under this Act while the minor is in
placement.  The fee shall be imposed only upon a minor who is
actively  supervised  by  the  probation  and  court services
department.  A court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee  on  the
minor's behalf.
(Source:  P.A.  90-590,  eff.  1-1-99;  91-98;  eff.  1-1-00;
91-332, eff. 7-29-99; revised 10-7-99.)

    (705 ILCS 405/5-710)
    Sec. 5-710.  Kinds of sentencing orders.
    (1)  The following kinds of sentencing orders may be made
in respect of wards of the court:
         (a)  Except  as  provided  in Sections 5-805, 5-810,
    5-815, a minor who is found guilty  under  Section  5-620
    may be:
              (i)  put  on probation or conditional discharge
         and released to his  or  her  parents,  guardian  or
         legal  custodian,  provided,  however, that any such
         minor who is not  committed  to  the  Department  of
         Corrections, Juvenile Division under this subsection
         and  who  is found to be a delinquent for an offense
         which is first degree murder, a Class X felony, or a
         forcible felony shall be placed on probation;
              (ii)  placed in accordance with Section  5-740,
         with  or  without  also  being  put  on probation or
         conditional discharge;
              (iii)  required to undergo  a  substance  abuse
         assessment  conducted  by  a  licensed  provider and
         participate in the indicated clinical level of care;
              (iv)  placed  in  the   guardianship   of   the
         Department of Children and Family Services, but only
         if the delinquent minor is under 13 years of age;
              (v)  placed  in  detention  for a period not to
         exceed 30 days, either as  the  exclusive  order  of
         disposition  or,  where  appropriate, in conjunction
         with any other order  of  disposition  issued  under
         this  paragraph,  provided  that  any such detention
         shall be in a juvenile detention home and the  minor
         so  detained  shall  be  10  years  of age or older.
         However, the 30-day limitation may  be  extended  by
         further  order of the court for a minor under age 13
         committed to the Department of Children  and  Family
         Services  if  the  court  finds  that the minor is a
         danger to himself or others.   The  minor  shall  be
         given  credit  on  the sentencing order of detention
         for time spent in detention  under  Sections  5-501,
         5-601,  5-710,  or 5-720 of this Article as a result
         of the offense for which the  sentencing  order  was
         imposed.  The court may grant credit on a sentencing
         order of detention  entered  under  a  violation  of
         probation  or  violation  of  conditional  discharge
         under  Section  5-720 of this Article for time spent
         in detention  before  the  filing  of  the  petition
         alleging  the  violation.   A  minor  shall  not  be
         deprived  of  credit  for  time  spent  in detention
         before the filing of a  violation  of  probation  or
         conditional  discharge  alleging the same or related
         act or acts;
              (vi)  ordered    partially    or     completely
         emancipated in accordance with the provisions of the
         Emancipation of Mature Minors Act;
              (vii)  subject  to  having  his or her driver's
         license or driving  privileges  suspended  for  such
         time as determined by the court but only until he or
         she attains 18 years of age;
              (viii)  put   on   probation   or   conditional
         discharge  and  placed  in  detention  under Section
         3-6039 of the Counties Code  for  a  period  not  to
         exceed  the period of incarceration permitted by law
         for adults found  guilty  of  the  same  offense  or
         offenses   for   which  the  minor  was  adjudicated
         delinquent, and in any event  no  longer  than  upon
         attainment   of  age  21;  this  subdivision  (viii)
         notwithstanding any contrary provision of  the  law;
         or
              (ix)  ordered  to  undergo  a  medical or other
         procedure to have a tattoo symbolizing allegiance to
         a street gang removed from his or her body.
         (b)  A minor found to be guilty may be committed  to
    the  Department  of Corrections, Juvenile Division, under
    Section 5-750 if the minor is 13 years of age  or  older,
    provided   that  the  commitment  to  the  Department  of
    Corrections, Juvenile Division, shall be made only  if  a
    term  of  incarceration  is  permitted  by law for adults
    found guilty of the  offense  for  which  the  minor  was
    adjudicated delinquent.  The time during which a minor is
    in  custody  before  being released upon the request of a
    parent, guardian or legal custodian shall  be  considered
    as time spent in detention.
         (c)  When  a  minor  is  found  to  be guilty for an
    offense which is a violation of the  Illinois  Controlled
    Substances  Act  or  the Cannabis Control Act  and made a
    ward of the court, the  court  may  enter  a  disposition
    order   requiring   the   minor  to  undergo  assessment,
    counseling or treatment  in  a  substance  abuse  program
    approved by the Department of Human Services.
    (2)  Any  sentencing  order  other than commitment to the
Department of Corrections, Juvenile Division, may provide for
protective supervision under Section 5-725 and may include an
order of protection under Section 5-730.
    (3)  Unless the sentencing order expressly  so  provides,
it  does  not  operate  to  close  proceedings on the pending
petition, but is subject to modification until final  closing
and discharge of the proceedings under Section 5-750.
    (4)  In  addition  to  any  other sentence, the court may
order any minor found to be delinquent to  make  restitution,
in  monetary  or  non-monetary  form,  under  the  terms  and
conditions   of   Section   5-5-6  of  the  Unified  Code  of
Corrections, except that the "presentencing hearing" referred
to in that  Section  shall  be  the  sentencing  hearing  for
purposes  of  this  Section.   The  parent, guardian or legal
custodian of the minor may be ordered by  the  court  to  pay
some  or  all  of  the  restitution  on  the  minor's behalf,
pursuant to the Parental Responsibility  Law.    The  State's
Attorney  is  authorized  to  act  on behalf of any victim in
seeking restitution in proceedings under this Section, up  to
the  maximum  amount  allowed  in  Section  5 of the Parental
Responsibility Law.
    (5)  Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to  the
legal  custodian  or guardian of the person of the minor such
sums as are determined by the custodian or  guardian  of  the
person  of the minor as necessary for the minor's needs.  The
payments may not exceed the maximum amounts provided  for  by
Section 9.1 of the Children and Family Services Act.
    (6)  Whenever  the sentencing order requires the minor to
attend school or participate in a program  of  training,  the
truant  officer or designated school official shall regularly
report to the court if the minor is  a  chronic  or  habitual
truant under Section 26-2a of the School Code.
    (7)  In no event shall a guilty minor be committed to the
Department  of Corrections, Juvenile Division for a period of
time in excess of that period for which  an  adult  could  be
committed for the same act.
    (8)  A  minor found to be guilty for reasons that include
a violation of Section 21-1.3 of the Criminal  Code  of  1961
shall  be  ordered  to perform community service for not less
than 30 and not more than 120 hours, if community service  is
available  in  the jurisdiction.  The community service shall
include, but need not be limited to, the cleanup  and  repair
of  the  damage  that  was caused by the violation or similar
damage to property located in the municipality or  county  in
which  the  violation occurred.  The order may be in addition
to any other order authorized by this Section.
    (8.5)  A minor  found  to  be  guilty  for  reasons  that
include  a  violation  of Section 3.02 or Section 3.03 of the
Humane Care for Animals Act or paragraph  (d)  of  subsection
(1)  of  Section  21-1  of the Criminal Code of 1961 shall be
ordered to undergo medical or psychiatric treatment  rendered
by  a  psychiatrist  or psychological treatment rendered by a
clinical psychologist.  The order may be in addition  to  any
other order authorized by this Section.
    (9)  In addition to any other sentencing order, the court
shall  order  any  minor  found to be guilty for an act which
would constitute, predatory  criminal  sexual  assault  of  a
child,  aggravated  criminal  sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or criminal sexual
abuse if committed by an adult to undergo medical testing  to
determine    whether   the   defendant   has   any   sexually
transmissible disease including a  test  for  infection  with
human  immunodeficiency  virus  (HIV) or any other identified
causative  agency  of  acquired   immunodeficiency   syndrome
(AIDS).    Any  medical  test  shall  be  performed  only  by
appropriately licensed medical practitioners and may  include
an analysis of any bodily fluids as well as an examination of
the  minor's person. Except as otherwise provided by law, the
results of the test shall be kept  strictly  confidential  by
all  medical  personnel  involved  in the testing and must be
personally delivered in a sealed envelope to the judge of the
court in which the  sentencing  order  was  entered  for  the
judge's  inspection in camera.  Acting in accordance with the
best interests of the victim and the public, the judge  shall
have  the  discretion to determine to whom the results of the
testing may be revealed.  The court shall notify the minor of
the  results  of  the  test  for  infection  with  the  human
immunodeficiency virus (HIV).  The court  shall  also  notify
the  victim  if requested by the victim, and if the victim is
under the age of 15 and if requested by the victim's  parents
or  legal  guardian,  the  court  shall  notify  the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus  (HIV).   The
court  shall  provide  information on the availability of HIV
testing and counseling at the  Department  of  Public  Health
facilities  to all parties to whom the results of the testing
are revealed.  The court shall order that  the  cost  of  any
test  shall  be  paid by the county and may be taxed as costs
against the minor.
    (10)  When a court finds a minor to be guilty  the  court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either:  (a) was
related to or in furtherance of the criminal activities of an
organized  gang or was motivated by the minor's membership in
or allegiance  to  an  organized  gang,  or  (b)  involved  a
violation of subsection (a) of Section 12-7.1 of the Criminal
Code of 1961, a violation of any Section of Article 24 of the
Criminal  Code  of  1961,  or a violation of any statute that
involved the  wrongful  use  of  a  firearm.   If  the  court
determines  the  question  in  the affirmative, and the court
does not commit the minor to the Department  of  Corrections,
Juvenile Division, the court shall order the minor to perform
community  service  for  not less than 30 hours nor more than
120 hours, provided that community service  is  available  in
the  jurisdiction  and  is  funded and approved by the county
board of the county where the  offense  was  committed.   The
community  service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
damage  to  property located in the municipality or county in
which the violation occurred.  When possible and  reasonable,
the  community  service  shall  be  performed  in the minor's
neighborhood.  This order shall be in addition to  any  other
order authorized by this Section except for an order to place
the  minor  in  the custody of the Department of Corrections,
Juvenile  Division.   For  the  purposes  of  this   Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)

    (705 ILCS 405/5-715)
    Sec. 5-715.  Probation.
    (1)  The  period  of  probation  or conditional discharge
shall not exceed 5 years or until the minor has attained  the
age  of  21  years,  whichever is less, except as provided in
this Section for a minor who is found to  be  guilty  for  an
offense  which  is first degree murder, a Class X felony or a
forcible felony.  The juvenile court may terminate  probation
or  conditional discharge and discharge the minor at any time
if warranted by the conduct of the  minor  and  the  ends  of
justice;  provided, however, that the period of probation for
a  minor  who  is  found to be guilty for an offense which is
first degree murder, a Class X felony, or a  forcible  felony
shall be at least 5 years.
    (2)  The  court  may  as  a  condition of probation or of
conditional discharge require that the minor:
         (a)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (b)  make  a  report  to and appear in person before
    any person or agency as directed by the court;
         (c)  work or pursue a course of study or  vocational
    training;
         (d)  undergo   medical   or  psychiatric  treatment,
    rendered by a  psychiatrist  or  psychological  treatment
    rendered  by  a  clinical  psychologist  or  social  work
    services   rendered  by  a  clinical  social  worker,  or
    treatment for drug addiction or alcoholism;
         (e)  attend or reside in a facility established  for
    the instruction or residence of persons on probation;
         (f)  support his or her dependents, if any;
         (g)  refrain  from  possessing  a  firearm  or other
    dangerous weapon, or an automobile;
         (h)  permit the probation officer to  visit  him  or
    her at his or her home or elsewhere;
         (i)  reside  with  his or her parents or in a foster
    home;
         (j)  attend school;
         (k)  attend a non-residential program for youth;
         (l)  make restitution under the terms of  subsection
    (4) of Section 5-710;
         (m)  contribute to his or her own support at home or
    in a foster home;
         (n)  perform  some  reasonable  public  or community
    service;
         (o)  participate with community corrections programs
    including  unified  delinquency   intervention   services
    administered  by the Department of Human Services subject
    to Section 5 of the Children and Family Services Act;
         (p)  pay costs;
         (q)  serve a term of home confinement.  In  addition
    to   any  other  applicable  condition  of  probation  or
    conditional discharge, the conditions of home confinement
    shall be that the minor:
              (i)  remain within the interior premises of the
         place designated for his or her  confinement  during
         the hours designated by the court;
              (ii)  admit  any  person or agent designated by
         the court into the minor's place of  confinement  at
         any  time  for  purposes  of  verifying  the minor's
         compliance  with  the  conditions  of  his  or   her
         confinement;  and
              (iii)  use  an  approved  electronic monitoring
         device if ordered by the court subject to Article 8A
         of Chapter V of the Unified Code of Corrections;
         (r)  refrain  from  entering   into   a   designated
    geographic  area  except  upon  terms  as the court finds
    appropriate.  The terms may include consideration of  the
    purpose  of  the  entry,  the  time of day, other persons
    accompanying  the  minor,  and  advance  approval  by   a
    probation  officer,  if  the  minor  has  been  placed on
    probation, or advance approval by the court, if the minor
    has been placed on conditional discharge;
         (s)  refrain from having any  contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (s-5)  undergo a medical or other procedure to  have
    a  tattoo symbolizing allegiance to a street gang removed
    from his or her body;
         (t)  refrain from having in  his  or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by  a  physician,  and  shall  submit
    samples of his or her blood or urine or both for tests to
    determine the presence of any illicit drug; or
         (u)  comply  with other conditions as may be ordered
    by the court.
    (3)  The court may as a  condition  of  probation  or  of
conditional  discharge  require  that a minor found guilty on
any alcohol, cannabis,  or  controlled  substance  violation,
refrain  from  acquiring a driver's license during the period
of probation or conditional discharge.  If the  minor  is  in
possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle
during  the  period  of  probation  or conditional discharge,
except as may be necessary  in  the  course  of  the  minor's
lawful employment.
    (3.5)  The court shall, as a condition of probation or of
conditional  discharge,  require  that  a  minor  found to be
guilty and placed on probation for  reasons  that  include  a
violation  of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1  of  the  Criminal  Code  of  1961  undergo  medical  or
psychiatric  treatment  rendered   by   a   psychiatrist   or
psychological  treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
    (4)  A minor on probation or conditional discharge  shall
be  given  a  certificate  setting  forth the conditions upon
which he or she is being released.
    (5)  The court  shall  impose  upon  a  minor  placed  on
probation  or  conditional  discharge,  as a condition of the
probation or conditional discharge, a fee  of  $25  for  each
month  of  probation  or  conditional  discharge  supervision
ordered  by the court, unless after determining the inability
of the minor placed on probation or conditional discharge  to
pay  the  fee, the court assesses a lesser amount.  The court
may not impose the fee on a minor who is made a ward  of  the
State  under  this  Act while the minor is in placement.  The
fee shall be imposed  only  upon  a  minor  who  is  actively
supervised  by  the  probation and court services department.
The court may order the parent, guardian, or legal  custodian
of  the  minor  to  pay some or all of the fee on the minor's
behalf.
    (6)  The General Assembly finds that in order to  protect
the   public,   the   juvenile  justice  system  must  compel
compliance with the conditions of probation by responding  to
violations  with  swift,  certain,  and  fair punishments and
intermediate sanctions.  The  Chief  Judge  of  each  circuit
shall  adopt  a  system of structured, intermediate sanctions
for violations of the terms and conditions of a  sentence  of
supervision,  probation  or conditional discharge, under this
Act.
    The court shall provide as a condition of  a  disposition
of probation, conditional discharge, or supervision, that the
probation  agency  may  invoke  any sanction from the list of
intermediate sanctions adopted by  the  chief  judge  of  the
circuit  court  for violations of the terms and conditions of
the  sentence  of  probation,   conditional   discharge,   or
supervision,  subject  to  the provisions of Section 5-720 of
this Act.
(Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)

    Section 20.  The Criminal Code  of  1961  is  amended  by
changing Section 21-1 as follows:

    (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
    Sec. 21-1.  Criminal damage to property.
    (1)  A person commits an illegal act when he:
         (a)  knowingly   damages  any  property  of  another
    without his consent; or
         (b)  recklessly  by  means  of  fire  or   explosive
    damages property of another; or
         (c)  knowingly  starts a fire on the land of another
    without his consent; or
         (d)  knowingly injures a domestic animal of  another
    without his consent; or
         (e)  knowingly  deposits  on  the  land  or  in  the
    building  of another, without his consent, any stink bomb
    or any offensive smelling compound and thereby intends to
    interfere  with  the  use  by  another  of  the  land  or
    building; or
         (f)  damages any property, other than  as  described
    in subsection (b) of Section 20-1, with intent to defraud
    an insurer; or
         (g)  knowingly  shoots a firearm at any portion of a
    railroad train.
    When the charge of criminal damage to property  exceeding
a  specified value is brought, the extent of the damage is an
element of the offense to be resolved by the trier of fact as
either exceeding or not exceeding the specified value.
    (2)  The acts described in items (a), (b), (c), (e),  and
through  (f)  are  Class  A  misdemeanors  if  the  damage to
property does not exceed $300.  The acts described  in  items
(a),  (b),  (c), (e), and through (f) are Class 4 felonies if
the damage to property does not exceed  $300  if  the  damage
occurs  to property of a school or place of worship.  The act
described in item (d) is a Class 4 felony if  the  damage  to
property  does not exceed $10,000.  The act described in item
(g) is a Class 4 felony.  The acts described  in  items  (a),
(b),  (c),  (e),  and through (f) are Class 4 felonies if the
damage to property exceeds $300 but does not exceed  $10,000.
The  acts  described  in  items  (a)  through (f) are Class 3
felonies if the damage to property exceeds $300 but does  not
exceed  $10,000  if the damage occurs to property of a school
or place of worship.  The acts described in items (a) through
(f) are Class 3 felonies if the damage  to  property  exceeds
$10,000  but does not exceed $100,000.  The acts described in
items (a) through (f) are Class 2 felonies if the  damage  to
property  exceeds $10,000 but does not exceed $100,000 if the
damage occurs to property of a school or  place  of  worship.
The  acts  described  in  items  (a)  through (f) are Class 2
felonies if the damage to  property  exceeds  $100,000.   The
acts  described in items (a) through (f) are Class 1 felonies
if the damage to property exceeds  $100,000  and  the  damage
occurs  to  property of a school or place of worship.  If the
damage to property exceeds $10,000, the  court  shall  impose
upon the offender a fine equal to the value of the damages to
the property.
    (3)  In  addition  to  any  other  sentence  that  may be
imposed, a court shall order any person convicted of criminal
damage to property to perform community service for not  less
than  30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and  approved  by
the  county  board  of  the  county  where  the  offense  was
committed.  In  addition,  whenever  any  person is placed on
supervision for an alleged offense under  this  Section,  the
supervision  shall be conditioned upon the performance of the
community service.
    This subsection does not apply when the court  imposes  a
sentence of incarceration.
(Source: P.A. 91-360, eff. 7-29-99.)

    Section  25.  The  State Finance Act is amended by adding
Section 5.545 as follows:

    (30 ILCS 105/5.545 new)
    Sec. 5.545.  The Illinois Animal Abuse Fund.

    Section 30.  Severability.  The provisions  of  this  Act
are severable under Section 1.31 of the Statute on Statutes.

    Section  99.  Effective  date.   This Act takes effect on
January 1, 2002.
    Passed in the General Assembly May 31, 2001.
    Approved August 21, 2001.

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