98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3768
 
Introduced , by Rep. Daniel J. Burke
 
SYNOPSIS AS INTRODUCED:
 

 
  
510 ILCS 70/2.01b-1 new
510 ILCS 70/3.02

     Amends the Humane Care for Animals Act. Provides that no person may knowingly beat, cruelly treat, torment, starve, overwork, or otherwise abuse any animal in the presence of a minor. Defines "in the presence of a minor".
  


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A BILL FOR
 

  
HB3768LRB098 14784 MGM 49707 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 
5adding Section 2.01b-1 and by changing Section 3.02 as follows:
 
6    (510 ILCS 70/2.01b-1 new)
7    Sec. 2.01b-1. In the presence of a minor. "In the presence 
8of a minor" means in the physical presence of a person under 18 
9years of age or knowing or having reason to know that a person 
10under 18 years of age is present and may see or hear an act 
11constituting a violation.
 



12    (510 ILCS 70/3.02)


13    Sec. 3.02. Aggravated cruelty. 
14    (a) No person may intentionally
commit an act that causes a 
15companion animal to suffer serious injury or
death.  Aggravated 
16cruelty does not include euthanasia of a companion animal

17through recognized methods approved by the Department of 
18Agriculture unless prohibited under subsection (b). 
19    (a-5) No person may knowingly beat, cruelly treat, torment, 
20starve, overwork, or otherwise abuse any animal in the presence 
21of a minor. 

22    (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.

17(Source: P.A. 96-780, eff. 8-28-09.)