96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0139


 
Introduced 1/30/2009, by Sen. Terry Link
 
SYNOPSIS AS INTRODUCED:
 		














510 ILCS 70/3.03









    Amends the Humane Care for Animals Act. Limits the situations when a person could dock  an animal's tail  or  crop its ears  without violating the Act's prohibition against "animal torture".  Establishes that the following is not "animal torture": (i) tail docking performed by an Illinois licensed veterinarian for a medical reason (now, just "tail docking") or (ii) ear cropping performed by an Illinois licensed veterinarian for a medical reason (now, just "ear cropping"). Effective immediately.
















LRB096 04245 JDS 14291 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0139

LRB096 04245 JDS 14291 b






1
    AN ACT concerning animals.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Humane Care for Animals Act is amended  by 
5
changing Section 3.03 as follows:
 



6
    (510 ILCS 70/3.03)



7
    Sec. 3.03. Animal torture. 

8
    (a) A person commits animal torture when that person 
9
without legal
justification knowingly or intentionally 
10
tortures an animal.  For purposes of
this Section, and subject 
11
to subsection (b), "torture" means infliction of or
subjection 
12
to extreme physical pain, motivated by an intent to increase or

13
prolong the pain, suffering, or agony of the animal.

14
    (b) For the purposes of this Section, "animal torture" does 
15
not include
any death, harm, or injury caused to any animal by 
16
any of the following
activities:


17
        (1) any hunting, fishing, trapping, or other activity 
18
    allowed under the
Wildlife Code, the Wildlife Habitat 
19
    Management Areas Act, or the Fish and
Aquatic Life Code;


20
        (2) any alteration or destruction of any animal done by 
21
    any person or unit
of government pursuant to statute, 
22
    ordinance, court order, or the direction of
a licensed 
23
    veterinarian;


 


 






SB0139
- 2 -
LRB096 04245 JDS 14291 b




1
        (3) any alteration or destruction of any animal by any 
2
    person for any
legitimate purpose, including, but not 
3
    limited to: castration, culling,
declawing, defanging, ear 
4
    cropping, euthanasia, gelding, grooming, neutering,

5
    polling, shearing, shoeing, slaughtering, spaying, tail 
6
    docking, and
vivisection; and


7
        (4) any other activity that may be lawfully done to an 
8
    animal; and .

9
        (5) tail docking performed by an Illinois licensed 
10
    veterinarian for a medical reason or ear cropping performed 
11
    by an Illinois licensed veterinarian for a medical reason. 
12
    (c) A person convicted of violating this Section is guilty 
13
of a Class 3
felony.  As a condition of the sentence imposed 
14
under this Section, the court
shall order the offender to 
15
undergo a psychological or psychiatric evaluation
and to 
16
undergo treatment that the court determines to be appropriate 
17
after due
consideration of the evaluation.

18
(Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)

 

19
    Section 99. Effective date. This Act takes effect upon 
20
becoming law.