Bill Text: IL HB0613 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning dog fighting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB0613 Detail]

Download: Illinois-2019-HB0613-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0613

Introduced , by Rep. Michael J. Madigan

SYNOPSIS AS INTRODUCED:
720 ILCS 5/48-1 was 720 ILCS 5/26-5)

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning dog fighting.
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A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Section 48-1 as follows:
6 (720 ILCS 5/48-1) (was 720 ILCS 5/26-5)
7 Sec. 48-1. Dog fighting. (For other provisions that that
8may apply to dog fighting, see the Humane Care for Animals Act.
9For provisions similar to this Section that apply to animals
10other than dogs, see in particular Section 4.01 of the Humane
11Care for Animals Act.)
12 (a) No person may own, capture, breed, train, or lease any
13dog which he or she knows is intended for use in any show,
14exhibition, program, or other activity featuring or otherwise
15involving a fight between the dog and any other animal or
16human, or the intentional killing of any dog for the purpose of
17sport, wagering, or entertainment.
18 (b) No person may promote, conduct, carry on, advertise,
19collect money for or in any other manner assist or aid in the
20presentation for purposes of sport, wagering, or entertainment
21of any show, exhibition, program, or other activity involving a
22fight between 2 or more dogs or any dog and human, or the
23intentional killing of any dog.

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1 (c) No person may sell or offer for sale, ship, transport,
2or otherwise move, or deliver or receive any dog which he or
3she knows has been captured, bred, or trained, or will be used,
4to fight another dog or human or be intentionally killed for
5purposes of sport, wagering, or entertainment.
6 (c-5) No person may solicit a minor to violate this
7Section.
8 (d) No person may manufacture for sale, shipment,
9transportation, or delivery any device or equipment which he or
10she knows or should know is intended for use in any show,
11exhibition, program, or other activity featuring or otherwise
12involving a fight between 2 or more dogs, or any human and dog,
13or the intentional killing of any dog for purposes of sport,
14wagering, or entertainment.
15 (e) No person may own, possess, sell or offer for sale,
16ship, transport, or otherwise move any equipment or device
17which he or she knows or should know is intended for use in
18connection with any show, exhibition, program, or activity
19featuring or otherwise involving a fight between 2 or more
20dogs, or any dog and human, or the intentional killing of any
21dog for purposes of sport, wagering or entertainment.
22 (f) No person may knowingly make available any site,
23structure, or facility, whether enclosed or not, that he or she
24knows is intended to be used for the purpose of conducting any
25show, exhibition, program, or other activity involving a fight
26between 2 or more dogs, or any dog and human, or the

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1intentional killing of any dog or knowingly manufacture,
2distribute, or deliver fittings to be used in a fight between 2
3or more dogs or a dog and human.
4 (g) No person may knowingly attend or otherwise patronize
5any show, exhibition, program, or other activity featuring or
6otherwise involving a fight between 2 or more dogs, or any dog
7and human, or the intentional killing of any dog for purposes
8of sport, wagering, or entertainment.
9 (h) No person may tie or attach or fasten any live animal
10to any machine or device propelled by any power for the purpose
11of causing the animal to be pursued by a dog or dogs. This
12subsection (h) applies only when the dog is intended to be used
13in a dog fight.
14 (i) Sentence.
15 (1) Any person convicted of violating subsection (a),
16 (b), (c), or (h) of this Section is guilty of a Class 4
17 felony for a first violation and a Class 3 felony for a
18 second or subsequent violation, and may be fined an amount
19 not to exceed $50,000.
20 (1.5) A person who knowingly owns a dog for fighting
21 purposes or for producing a fight between 2 or more dogs or
22 a dog and human or who knowingly offers for sale or sells a
23 dog bred for fighting is guilty of a Class 3 felony and may
24 be fined an amount not to exceed $50,000, if the dog
25 participates in a dogfight and any of the following factors
26 is present:

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1 (i) the dogfight is performed in the presence of a
2 person under 18 years of age;
3 (ii) the dogfight is performed for the purpose of
4 or in the presence of illegal wagering activity; or
5 (iii) the dogfight is performed in furtherance of
6 streetgang related activity as defined in Section 10 of
7 the Illinois Streetgang Terrorism Omnibus Prevention
8 Act.
9 (1.7) A person convicted of violating subsection (c-5)
10 of this Section is guilty of a Class 4 felony.
11 (2) Any person convicted of violating subsection (d) or
12 (e) of this Section is guilty of a Class 4 felony for a
13 first violation. A second or subsequent violation of
14 subsection (d) or (e) of this Section is a Class 3 felony.
15 (2.5) Any person convicted of violating subsection (f)
16 of this Section is guilty of a Class 4 felony. Any person
17 convicted of violating subsection (f) of this Section in
18 which the site, structure, or facility made available to
19 violate subsection (f) is located within 1,000 feet of a
20 school, public park, playground, child care institution,
21 day care center, part day child care facility, day care
22 home, group day care home, or a facility providing programs
23 or services exclusively directed toward persons under 18
24 years of age is guilty of a Class 3 felony for a first
25 violation and a Class 2 felony for a second or subsequent
26 violation.

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1 (3) Any person convicted of violating subsection (g) of
2 this Section is guilty of a Class 4 felony for a first
3 violation. A second or subsequent violation of subsection
4 (g) of this Section is a Class 3 felony. If a person under
5 13 years of age is present at any show, exhibition,
6 program, or other activity prohibited in subsection (g),
7 the parent, legal guardian, or other person who is 18 years
8 of age or older who brings that person under 13 years of
9 age to that show, exhibition, program, or other activity is
10 guilty of a Class 3 felony for a first violation and a
11 Class 2 felony for a second or subsequent violation.
12 (i-5) A person who commits a felony violation of this
13Section is subject to the property forfeiture provisions set
14forth in Article 124B of the Code of Criminal Procedure of
151963.
16 (j) Any dog or equipment involved in a violation of this
17Section shall be immediately seized and impounded under Section
1812 of the Humane Care for Animals Act when located at any show,
19exhibition, program, or other activity featuring or otherwise
20involving a dog fight for the purposes of sport, wagering, or
21entertainment.
22 (k) Any vehicle or conveyance other than a common carrier
23that is used in violation of this Section shall be seized,
24held, and offered for sale at public auction by the sheriff's
25department of the proper jurisdiction, and the proceeds from
26the sale shall be remitted to the general fund of the county

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1where the violation took place.
2 (l) Any veterinarian in this State who is presented with a
3dog for treatment of injuries or wounds resulting from fighting
4where there is a reasonable possibility that the dog was
5engaged in or utilized for a fighting event for the purposes of
6sport, wagering, or entertainment shall file a report with the
7Department of Agriculture and cooperate by furnishing the
8owners' names, dates, and descriptions of the dog or dogs
9involved. Any veterinarian who in good faith complies with the
10requirements of this subsection has immunity from any
11liability, civil, criminal, or otherwise, that may result from
12his or her actions. For the purposes of any proceedings, civil
13or criminal, the good faith of the veterinarian shall be
14rebuttably presumed.
15 (m) In addition to any other penalty provided by law, upon
16conviction for violating this Section, the court may order that
17the convicted person and persons dwelling in the same household
18as the convicted person who conspired, aided, or abetted in the
19unlawful act that was the basis of the conviction, or who knew
20or should have known of the unlawful act, may not own, harbor,
21or have custody or control of any dog or other animal for a
22period of time that the court deems reasonable.
23 (n) A violation of subsection (a) of this Section may be
24inferred from evidence that the accused possessed any device or
25equipment described in subsection (d), (e), or (h) of this
26Section, and also possessed any dog.

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1 (o) When no longer required for investigations or court
2proceedings relating to the events described or depicted
3therein, evidence relating to convictions for violations of
4this Section shall be retained and made available for use in
5training peace officers in detecting and identifying
6violations of this Section. Such evidence shall be made
7available upon request to other law enforcement agencies and to
8schools certified under the Illinois Police Training Act.
9 (p) For the purposes of this Section, "school" has the
10meaning ascribed to it in Section 11-9.3 of this Code; and
11"public park", "playground", "child care institution", "day
12care center", "part day child care facility", "day care home",
13"group day care home", and "facility providing programs or
14services exclusively directed toward persons under 18 years of
15age" have the meanings ascribed to them in Section 11-9.4 of
16this Code.
17(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
1896-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff.
191-1-13.)
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