Bill Text: IL HB0069 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Humane Care for Animals Act. Increases criminal penalties for certain activities related to the use of animals, except dogs, for sport fighting. Amends the Criminal Code of 1961. Increases criminal penalties for certain activities related to dog fighting. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 25-5)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0226 [HB0069 Detail]

Download: Illinois-2009-HB0069-Enrolled.html

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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 Section 4.01 as follows:
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
Sec. 4.01. Animals in entertainment. This Section does not
apply when the only animals involved are dogs. (Section 26-5 of
the Criminal Code of 1961, rather than this Section, applies
when the only animals involved are dogs.)
(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,

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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 knowingly attend or otherwise patronize

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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) (Blank).
(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

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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 solicit a minor to violate this
Section.
(m) The penalties for violations of this Section shall be
as follows:
(1) A person convicted of violating subsection (a),
(b), or (c) of this Section or any rule, regulation, or
order of the Department pursuant thereto is guilty of a
Class 4 felony for the first offense. A second or
subsequent offense involving the violation of subsection
(a), (b), or (c) of this Section or any rule, regulation,
or order of the Department pursuant thereto is a Class 3
felony.
(2) A person convicted of violating subsection (d),
(e), or (f) of this Section or any rule, regulation, or
order of the Department pursuant thereto is guilty of a
Class 4 felony A misdemeanor for the first offense. A
second or subsequent violation is a Class 3 4 felony.
(3) A person convicted of violating subsection (g) of
this Section or any rule, regulation, or order of the
Department pursuant thereto is guilty of a Class 4 felony
for the first offense. A second or subsequent violation is
a Class 3 felony C misdemeanor.

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(4) A person convicted of violating subsection (l) of
this Section is guilty of a Class 4 felony for the first
offense. A second or subsequent violation is a Class 3
felony A misdemeanor.
(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 26-5 as follows:
(720 ILCS 5/26-5)
Sec. 26-5. Dog fighting. (For other provisions that may
apply to dog fighting, see the Humane Care for Animals Act. For
provisions similar to this Section that apply to animals other
than dogs, see in particular Section 4.01 of the Humane Care
for Animals Act.)
(a) No person may own, capture, breed, train, or lease any
dog which he or she knows is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between the dog and any other animal or
human, or the intentional killing of any dog for the purpose of
sport, wagering, or entertainment.
(b) No person may promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or entertainment
of any show, exhibition, program, or other activity involving a
fight between 2 or more dogs or any dog and human, or the

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intentional killing of any dog.
(c) No person may sell or offer for sale, ship, transport,
or otherwise move, or deliver or receive any dog which he or
she knows has been captured, bred, or trained, or will be used,
to fight another dog or human or be intentionally killed for
purposes of sport, wagering, or entertainment.
(c-5) No person may solicit a minor to violate this
Section.
(d) No person may manufacture for sale, shipment,
transportation, or delivery any device or equipment which he or
she knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more dogs, or any human and dog,
or the intentional killing of any dog for purposes of sport,
wagering, or entertainment.
(e) No person may own, possess, sell or offer for sale,
ship, transport, or otherwise move any equipment or device
which he or she knows or should know is intended for use in
connection with any show, exhibition, program, or activity
featuring or otherwise involving a fight between 2 or more
dogs, or any dog and human, or the intentional killing of any
dog for purposes of sport, wagering or entertainment.
(f) No person may knowingly make available any site,
structure, or facility, whether enclosed or not, that he or she
knows is intended to be used for the purpose of conducting any
show, exhibition, program, or other activity involving a fight

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between 2 or more dogs, or any dog and human, or the
intentional killing of any dog or knowingly manufacture,
distribute, or deliver fittings to be used in a fight between 2
or more dogs or a dog and human.
(g) No person may knowingly attend or otherwise patronize
any show, exhibition, program, or other activity featuring or
otherwise involving a fight between 2 or more dogs, or any dog
and human, or the intentional killing of any dog for purposes
of sport, wagering, or entertainment.
(h) No person may tie or attach or fasten any live animal
to any machine or device propelled by any power for the purpose
of causing the animal to be pursued by a dog or dogs. This
subsection (h) applies only when the dog is intended to be used
in a dog fight.
(i) Penalties for violations of this Section shall be as
follows:
(1) Any person convicted of violating subsection (a),
(b), or (c) of this Section is guilty of a Class 4 felony
for a first violation and a Class 3 felony for a second or
subsequent violation, and may be fined an amount not to
exceed $50,000.
(1.5) A person who knowingly owns a dog for fighting
purposes or for producing a fight between 2 or more dogs or
a dog and human or who knowingly offers for sale or sells a
dog bred for fighting is guilty of a Class 3 felony and may
be fined an amount not to exceed $50,000, if the dog

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participates in a dogfight and any of the following factors
is present:
(i) the dogfight is performed in the presence of a
person under 18 years of age;
(ii) the dogfight is performed for the purpose of
or in the presence of illegal wagering activity; or
(iii) the dogfight is performed in furtherance of
streetgang related activity as defined in Section 10 of
the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(1.7) A person convicted of violating subsection (c-5)
of this Section is guilty of a Class 4 felony.
(2) Any person convicted of violating subsection (d) or
(e) of this Section is guilty of a Class 4 felony A
misdemeanor for a first violation. A second or subsequent
violation of subsection (d) or (e) of this Section is a
Class 3 felony.
(2.5) Any person convicted of violating subsection (f)
of this Section is guilty of a Class 4 felony.
(3) Any person convicted of violating subsection (g) of
this Section is guilty of a Class 4 felony A misdemeanor
for a first violation. A second or subsequent violation of
subsection (g) of this Section is a Class 3 4 felony. If a
person under 13 years of age is present at any show,
exhibition, program, or other activity prohibited in
subsection (g), the parent, legal guardian, or other person

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who is 18 years of age or older who brings that person
under 13 years of age to that show, exhibition, program, or
other activity is guilty of a Class 4 felony for a first
violation and a Class 3 felony for a second or subsequent
violation.
(j) Any dog or equipment involved in a violation of this
Section shall be immediately seized and impounded under Section
12 of the Humane Care for Animals Act when located at any show,
exhibition, program, or other activity featuring or otherwise
involving a dog fight for the purposes of sport, wagering, or
entertainment.
(k) Any vehicle or conveyance other than a common carrier
that is used in violation of this Section shall be seized,
held, and offered for sale at public auction by the sheriff's
department of the proper jurisdiction, and the proceeds from
the sale shall be remitted to the general fund of the county
where the violation took place.
(l) Any veterinarian in this State who is presented with a
dog for treatment of injuries or wounds resulting from fighting
where there is a reasonable possibility that the dog was
engaged in or utilized for a fighting event for the purposes of
sport, wagering, or entertainment shall file a report with the
Department of Agriculture and cooperate by furnishing the
owners' names, dates, and descriptions of the dog or dogs
involved. Any veterinarian who in good faith complies with the
requirements of this subsection has immunity from any

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liability, civil, criminal, or otherwise, that may result from
his or her actions. For the purposes of any proceedings, civil
or criminal, the good faith of the veterinarian shall be
rebuttably presumed.
(m) In addition to any other penalty provided by law, upon
conviction for violating this Section, the court may order that
the convicted person and persons dwelling in the same household
as the convicted person who conspired, aided, or abetted in the
unlawful act that was the basis of the conviction, or who knew
or should have known of the unlawful act, may not own, harbor,
or have custody or control of any dog or other animal for a
period of time that the court deems reasonable.
(n) A violation of subsection (a) of this Section may be
inferred from evidence that the accused possessed any device or
equipment described in subsection (d), (e), or (h) of this
Section, and also possessed any dog.
(o) When no longer required for investigations or court
proceedings relating to the events described or depicted
therein, evidence relating to convictions for violations of
this Section shall be retained and made available for use in
training peace officers in detecting and identifying
violations of this Section. Such evidence shall be made
available upon request to other law enforcement agencies and to
schools certified under the Illinois Police Training Act.
(Source: P.A. 94-820, eff. 1-1-07.)
Section 99. Effective date. This Act takes effect upon

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becoming law.