specially concurring:
Although I do not disagree with the majority’s analysis, I favor a more direct analysis that achieves the same result. For that reason, I specially concur.
I agree with the argument set forth in the State’s reply brief, as follows:
“The literal meaning of [the language in section 16(c)(1) of the Animal Act] is that, if the only animals are involved are dogs, the provisions of subsection (c) apply exclusively. The statute does not state or imply that the section does not apply if an animal other than a dog is involved. The literal and logical construction of the statute is that, if only dogs are involved, resort may be made only to subsection (c) to determine the appropriate punishment. However, if animals other than dogs are involved, resort may be made anywhere in the statute to determine the appropriate punishment. The statute does not in any way prohibit criminal punishment for cruelty to animals other than dogs.”
I also agree with the State that the language in section 16(b)(1) of the Animal Act (see 510 ILCS 70/16(b)(l) (West 2000) (“This subsection (b) does not apply where the only animals involved in the violation are dogs”)) further supports the State’s position because the legislature could easily have used the same or similar language if it had intended that subsection (c) would not apply if any animal other than dogs were involved.
Another way to view this case is to imagine if section 16(c)(1) of the Animal Act, which states that “[t]his subsection (c) applies exclusively where the only animals involved in the violation are dogs” (510 ILCS 70/16(c)(l) (West 2000)), were somewhat modified. A slight restructuring of that sentence would clarify that in a case like the present one, where animals other than dogs are involved, section 16(c)(1) has no application. That slight restructuring might make the sentence involved read as follows: “Where the only animals involved in the violation are dogs, this subsection (c) applies exclusively.”