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| 1 | AN ACT concerning animals.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Humane Care for Animals Act is amended by | ||||||
| 5 | changing Section 3.01 as follows:
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| 6 | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
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| 7 | Sec. 3.01. Cruel treatment. | ||||||
| 8 | (a) No person or owner may beat, cruelly treat,
torment, | ||||||
| 9 | starve, overwork or otherwise abuse any animal.
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| 10 | (b) No owner may abandon any animal where it may become a | ||||||
| 11 | public charge or
may suffer injury, hunger or exposure.
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| 12 | (c) No owner of a dog or cat that is a companion animal may | ||||||
| 13 | expose the dog or cat in a manner that places the dog or cat in | ||||||
| 14 | a life-threatening situation for a prolonged period of time in | ||||||
| 15 | extreme heat or cold conditions that: | ||||||
| 16 | (1) results in injury to or death of the animal; or | ||||||
| 17 | (2) results in hypothermia, hyperthermia, frostbite, | ||||||
| 18 | or similar condition as determined by a doctor of | ||||||
| 19 | veterinary medicine. | ||||||
| 20 | (c-5) Nothing in this Section shall prohibit an animal from | ||||||
| 21 | being impounded in an emergency situation under subsection (b) | ||||||
| 22 | of Section 12 of this Act. | ||||||
| 23 | (d) (c) A person convicted of violating this Section is | ||||||
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| 1 | guilty of a Class A
misdemeanor. A second or subsequent | ||||||
| 2 | conviction for a violation of this Section
is a Class 4 felony. | ||||||
| 3 | In addition to any other penalty provided by law, a person who | ||||||
| 4 | is convicted of violating subsection (a) upon a companion | ||||||
| 5 | animal in the presence of a child, as defined in Section 12-0.1 | ||||||
| 6 | of the Criminal Code of 2012, shall be subject to a fine of | ||||||
| 7 | $250 and ordered to perform community service for not less than | ||||||
| 8 | 100 hours. In addition to any other penalty provided by law, | ||||||
| 9 | upon
conviction for violating this Section, the court may order | ||||||
| 10 | the convicted person
to undergo a psychological or psychiatric | ||||||
| 11 | evaluation and to undergo any
treatment at the convicted | ||||||
| 12 | person's expense that the court determines to be
appropriate | ||||||
| 13 | after due consideration of the evidence. If the convicted | ||||||
| 14 | person
is a juvenile or a companion animal hoarder, the court | ||||||
| 15 | must order the convicted
person to undergo a psychological or | ||||||
| 16 | psychiatric evaluation and to undergo
treatment that the court | ||||||
| 17 | determines to be appropriate after due consideration
of the | ||||||
| 18 | evaluation.
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| 19 | (Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; revised | ||||||
| 20 | 10-20-15.)
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| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law.
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