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Full Text of SB1510  100th General Assembly

SB1510 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1510

 

Introduced 2/9/2017, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/3  from Ch. 8, par. 703
510 ILCS 70/3.01  from Ch. 8, par. 703.01
510 ILCS 70/3.02
510 ILCS 70/3.03
510 ILCS 70/6  from Ch. 8, par. 706
510 ILCS 70/7  from Ch. 8, par. 707
510 ILCS 70/7.1  from Ch. 8, par. 707.1

    Amends the Humane Care for Animals Act. Provides that a person who commits specified offenses against more than one animal may be charged with a separate offense for each animal that was treated in a manner violating the Act. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1510LRB100 06200 SLF 16234 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Humane Care for Animals Act is amended by
5changing Sections 3, 3.01, 3.02, 3.03, 6, 7, and 7.1 as
6follows:
 
7    (510 ILCS 70/3)  (from Ch. 8, par. 703)
8    Sec. 3. Owner's duties.
9    (a) Each owner shall provide for each of his or her
10animals:
11        (1) a sufficient quantity of good quality, wholesome
12    food and water;
13        (2) adequate shelter and protection from the weather;
14        (3) veterinary care when needed to prevent suffering;
15    and
16        (4) humane care and treatment.
17    (b) To lawfully tether a dog outdoors, an owner must ensure
18that the dog:
19        (1) does not suffer from a condition that is known, by
20    that person, to be exacerbated by tethering;
21        (2) is tethered in a manner that will prevent it from
22    becoming entangled with other tethered dogs;
23        (3) is not tethered with a lead that (i) exceeds

 

 

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1    one-eighth of the dog's body weight or (ii) is a tow chain
2    or a log chain;
3        (4) is tethered with a lead that measures, when rounded
4    to the nearest whole foot, at least 10 feet in length;
5        (5) is tethered with a properly fitting harness or
6    collar other than the lead or a pinch, prong, or choke-type
7    collar; and
8        (6) is not tethered in a manner that will allow it to
9    reach within the property of another person, a public
10    walkway, or a road.
11    (c) Subsection (b) of this Section shall not be construed
12to prohibit:
13        (1) a person from walking a dog with a hand-held leash;
14        (2) conduct that is directly related to the cultivating
15    of agricultural products, including shepherding or herding
16    cattle or livestock, if the restraint is reasonably
17    necessary for the safety of the dog;
18        (3) the tethering of a dog while at an organized and
19    lawful animal function, such as hunting, obedience
20    training, performance and conformance events, or law
21    enforcement training, or while in the pursuit of working or
22    competing in those endeavors; or
23        (4) a dog restrained in compliance with the
24    requirements of a camping or recreational area as defined
25    by a federal, State, or local authority or jurisdiction.
26    (d) A person convicted of violating subsection (a) of this

 

 

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1Section is guilty of a Class B misdemeanor. A second or
2subsequent violation of subsection (a) of this Section is a
3Class 4 felony with every day that a violation continues
4constituting a separate offense. In addition to any other
5penalty provided by law, upon conviction for violating
6subsection (a) of this Section, the court may order the
7convicted person to undergo a psychological or psychiatric
8evaluation and to undergo any treatment at the convicted
9person's expense that the court determines to be appropriate
10after due consideration of the evaluation. If the convicted
11person is a juvenile or a companion animal hoarder, the court
12must order the convicted person to undergo a psychological or
13psychiatric evaluation and to undergo treatment that the court
14determines to be appropriate after due consideration of the
15evaluation.
16    (e) A person convicted of violating subsection (b) of this
17Section is guilty of a Class B misdemeanor. A person who
18commits a violation of this Section against more than one
19animal may be charged with a separate offense for each animal
20that was treated in a manner violating this Section.
21    (f) As used in this Section, "tether" means to restrain by
22tying to an object or structure, including, without limitation,
23a house, tree, fence, post, garage, shed, or clothes line at a
24person's residence or business, by any means, including,
25without limitation, a chain, rope, cord, leash, or running
26line.

 

 

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1(Source: P.A. 98-101, eff. 1-1-14.)
 
2    (510 ILCS 70/3.01)  (from Ch. 8, par. 703.01)
3    Sec. 3.01. Cruel treatment.
4    (a) No person or owner may beat, cruelly treat, torment,
5starve, overwork or otherwise abuse any animal.
6    (b) No owner may abandon any animal where it may become a
7public charge or may suffer injury, hunger or exposure.
8    (c) No owner of a dog or cat that is a companion animal may
9expose the dog or cat in a manner that places the dog or cat in
10a life-threatening situation for a prolonged period of time in
11extreme heat or cold conditions that:
12        (1) results in injury to or death of the animal; or
13        (2) results in hypothermia, hyperthermia, frostbite,
14    or similar condition as diagnosed by a doctor of veterinary
15    medicine.
16    (c-5) Nothing in this Section shall prohibit an animal from
17being impounded in an emergency situation under subsection (b)
18of Section 12 of this Act.
19    (d) A person convicted of violating this Section is guilty
20of a Class A misdemeanor. A second or subsequent conviction for
21a violation of this Section is a Class 4 felony. In addition to
22any other penalty provided by law, a person who is convicted of
23violating subsection (a) upon a companion animal in the
24presence of a child, as defined in Section 12-0.1 of the
25Criminal Code of 2012, shall be subject to a fine of $250 and

 

 

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1ordered to perform community service for not less than 100
2hours. In addition to any other penalty provided by law, upon
3conviction for violating this Section, the court may order the
4convicted person to undergo a psychological or psychiatric
5evaluation and to undergo any treatment at the convicted
6person's expense that the court determines to be appropriate
7after due consideration of the evidence. If the convicted
8person is a juvenile or a companion animal hoarder, the court
9must order the convicted person to undergo a psychological or
10psychiatric evaluation and to undergo treatment that the court
11determines to be appropriate after due consideration of the
12evaluation. A person who commits a violation of this Section
13against more than one animal may be charged with a separate
14offense for each animal that was treated in a manner violating
15this Section.
16(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642,
17eff. 7-28-16; 99-782, eff. 8-12-16.)
 
18    (510 ILCS 70/3.02)
19    Sec. 3.02. Aggravated cruelty.
20    (a) No person may intentionally commit an act that causes a
21companion animal to suffer serious injury or death. Aggravated
22cruelty does not include euthanasia of a companion animal
23through recognized methods approved by the Department of
24Agriculture unless prohibited under subsection (b).
25    (b) No individual, except a licensed veterinarian as

 

 

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1exempted under Section 3.09, may knowingly or intentionally
2euthanize or authorize the euthanasia of a companion animal by
3use of carbon monoxide.
4    (c) A person convicted of violating Section 3.02 is guilty
5of a Class 4 felony. A second or subsequent violation is a
6Class 3 felony. In addition to any other penalty provided by
7law, upon conviction for violating this Section, the court may
8order the convicted person to undergo a psychological or
9psychiatric evaluation and to undergo any treatment at the
10convicted person's expense that the court determines to be
11appropriate after due consideration of the evaluation. If the
12convicted person is a juvenile or a companion animal hoarder,
13the court must order the convicted person to undergo a
14psychological or psychiatric evaluation and to undergo
15treatment that the court determines to be appropriate after due
16consideration of the evaluation. A person who commits a
17violation of this Section against more than one animal may be
18charged with a separate offense for each animal that was
19treated in a manner violating this Section.
20(Source: P.A. 96-780, eff. 8-28-09.)
 
21    (510 ILCS 70/3.03)
22    Sec. 3.03. Animal torture.
23    (a) A person commits animal torture when that person
24without legal justification knowingly or intentionally
25tortures an animal. For purposes of this Section, and subject

 

 

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1to subsection (b), "torture" means infliction of or subjection
2to extreme physical pain, motivated by an intent to increase or
3prolong the pain, suffering, or agony of the animal.
4    (b) For the purposes of this Section, "animal torture" does
5not include any death, harm, or injury caused to any animal by
6any of the following activities:
7        (1) any hunting, fishing, trapping, or other activity
8    allowed under the Wildlife Code, the Wildlife Habitat
9    Management Areas Act, or the Fish and Aquatic Life Code;
10        (2) any alteration or destruction of any animal done by
11    any person or unit of government pursuant to statute,
12    ordinance, court order, or the direction of a licensed
13    veterinarian;
14        (3) any alteration or destruction of any animal by any
15    person for any legitimate purpose, including, but not
16    limited to: castration, culling, declawing, defanging, ear
17    cropping, euthanasia, gelding, grooming, neutering,
18    polling, shearing, shoeing, slaughtering, spaying, tail
19    docking, and vivisection; and
20        (4) any other activity that may be lawfully done to an
21    animal.
22    (c) A person convicted of violating this Section is guilty
23of a Class 3 felony. As a condition of the sentence imposed
24under this Section, the court shall order the offender to
25undergo a psychological or psychiatric evaluation and to
26undergo treatment that the court determines to be appropriate

 

 

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1after due consideration of the evaluation. A person who commits
2a violation of this Section against more than one animal may be
3charged with a separate offense for each animal that was
4treated in a manner violating this Section.
5(Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)
 
6    (510 ILCS 70/6)  (from Ch. 8, par. 706)
7    Sec. 6. Poisoning prohibited. No person may knowingly
8poison or cause to be poisoned any dog or other domestic
9animal. The only exception will be by written permit from the
10Department for the purpose of controlling diseases
11transmissible to humans or other animals and only when all
12other methods and means have been exhausted. Such a written
13permit shall name the person or persons conducting the
14poisoning, specify the products to be used, give the boundaries
15of the area involved, and specify the precautionary measures to
16be employed to insure the safety of humans and other animals.
17    This Section does not prohibit the use of a euthanasia drug
18by a euthanasia agency for the purpose of animal euthanasia,
19provided that the euthanasia drug is used by or under the
20direction of a licensed veterinarian or certified euthanasia
21technician, all as defined in and subject to the Humane
22Euthanasia in Animal Shelters Act.
23    A person convicted of violating this Section or any rule,
24regulation, or order of the Department pursuant thereto is
25guilty of a Class A misdemeanor. A second or subsequent

 

 

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1violation is a Class 4 felony. A person who commits a violation
2of this Section against more than one animal may be charged
3with a separate offense for each animal that was treated in a
4manner violating this Section.
5(Source: P.A. 92-650, eff. 7-11-02.)
 
6    (510 ILCS 70/7)  (from Ch. 8, par. 707)
7    Sec. 7. Confinement or detention during transportation. No
8owner, railroad or other common carrier may, when transporting
9any animal, allow that animal to be confined in any type of
10conveyance more than 28 consecutive hours without being
11exercised as necessary for that particular type of animal and
12without being properly rested, fed and watered; except that a
13reasonable extension of this time limit shall be granted when a
14storm or accident causes a delay. In the case of default of the
15owner or consignee, the company transporting the animal shall
16exercise the animal, when necessary for the particular type of
17animal and for the proper resting, feeding, watering and
18sheltering of such animal, and shall have a lien upon the
19animal until all expenses resulting therefrom have been paid.
20    Any person who intentionally or negligently without
21jurisdiction of law detains a shipment of livestock long enough
22to endanger the health or safety of the livestock is liable to
23the owner for any diminution in the value or death of the
24livestock.
25    Authorities detaining a livestock shipment shall give

 

 

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1priority to the health and safety of the animals and shall
2expeditiously handle any legal violation so that the intact
3shipment may safely reach its designated destination.
4    A person convicted of violating this Section or any rule,
5regulation, or order of the Department pursuant thereto, is
6guilty of a Class B misdemeanor. A second or subsequent
7violation is a Class 4 felony, with every day that a violation
8continues constituting a separate offense. A person who commits
9a violation of this Section against more than one animal may be
10charged with a separate offense for each animal that was
11treated in a manner violating this Section.
12(Source: P.A. 92-650, eff. 7-11-02.)
 
13    (510 ILCS 70/7.1)  (from Ch. 8, par. 707.1)
14    Sec. 7.1. Confinement in motor vehicle. No owner or person
15shall confine any animal in a motor vehicle in such a manner
16that places it in a life or health threatening situation by
17exposure to a prolonged period of extreme heat or cold, without
18proper ventilation or other protection from such heat or cold.
19In order to protect the health and safety of an animal, an
20animal control officer, law enforcement officer, or Department
21investigator who has probable cause to believe that this
22Section is being violated shall have authority to enter such
23motor vehicle by any reasonable means under the circumstances
24after making a reasonable effort to locate the owner or other
25person responsible.

 

 

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1    A person convicted of violating this Section is guilty of a
2Class C misdemeanor. A second or subsequent violation is a
3Class B misdemeanor. A person who commits a violation of this
4Section against more than one animal may be charged with a
5separate offense for each animal that was treated in a manner
6violating this Section.
7(Source: P.A. 92-650, eff. 7-11-02.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.