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Rep. Sara Feigenholtz
Filed: 3/29/2016
| | 09900HB5010ham002 | | LRB099 19123 SLF 46750 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5010
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5010 by replacing |
| 3 | | everything after the enacting clause with the following:
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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 to extreme heat or cold in a manner or for |
| 14 | | a period of time that: |
| 15 | | (1) places the dog or cat at risk of in a |
| 16 | | life-threatening condition including hypothermia, |
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| 1 | | hyperthermia, or frostbite; or situation for a prolonged |
| 2 | | period of time in extreme heat or cold conditions that |
| 3 | | (2) may result results in injury to or death of the |
| 4 | | animal. |
| 5 | | (d) (c) A person convicted of violating this Section is |
| 6 | | guilty of a Class A
misdemeanor. A second or subsequent |
| 7 | | conviction for a violation of this Section
is a Class 4 felony. |
| 8 | | In addition to any other penalty provided by law, a person who |
| 9 | | is convicted of violating subsection (a) upon a companion |
| 10 | | animal in the presence of a child, as defined in Section 12-0.1 |
| 11 | | of the Criminal Code of 2012, shall be subject to a fine of |
| 12 | | $250 and ordered to perform community service for not less than |
| 13 | | 100 hours. In addition to any other penalty provided by law, |
| 14 | | upon
conviction for violating this Section, the court may order |
| 15 | | the convicted person
to undergo a psychological or psychiatric |
| 16 | | evaluation and to undergo any
treatment at the convicted |
| 17 | | person's expense that the court determines to be
appropriate |
| 18 | | after due consideration of the evidence. If the convicted |
| 19 | | person
is a juvenile or a companion animal hoarder, the court |
| 20 | | must order the convicted
person to undergo a psychological or |
| 21 | | psychiatric evaluation and to undergo
treatment that the court |
| 22 | | determines to be appropriate after due consideration
of the |
| 23 | | evaluation.
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| 24 | | (Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; revised |
| 25 | | 10-20-15.)
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