Rep. Sara Feigenholtz

Filed: 5/15/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2270

2    AMENDMENT NO. ______. Amend Senate Bill 2270 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Humane Care for Animals Act is amended by
5changing Section 3.01 as follows:
 
6    (510 ILCS 70/3.01)  (from Ch. 8, par. 703.01)
7    Sec. 3.01. Cruel treatment.
8    (a) No person or owner may beat, cruelly treat, torment,
9starve, overwork or otherwise abuse any animal.
10    (b) No owner may abandon any animal where it may become a
11public charge or may suffer injury, hunger or exposure.
12    (c) No owner of a dog or cat that is a companion animal may
13expose the dog or cat in a manner that places the dog or cat in
14a life-threatening situation for a prolonged period of time in
15extreme heat or cold conditions that:
16        (1) results in injury to or death of the animal; or

 

 

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1        (2) results in hypothermia, hyperthermia, frostbite,
2    or similar condition as diagnosed by a doctor of veterinary
3    medicine.
4    (c-5) Nothing in this Section shall prohibit an animal from
5being impounded in an emergency situation under subsection (b)
6of Section 12 of this Act.
7    (c-10) Nothing in this Section shall prohibit a law
8enforcement officer from taking temporary custody of a dog or
9cat that is a companion animal that is exposed in a manner that
10places the dog or cat in a life-threatening situation for a
11prolonged period of time in extreme heat or cold conditions
12that may result in injury or death of the dog or cat or may
13result in hypothermia, hyperthermia, frostbite, or similar
14condition. Upon taking temporary custody of the dog or cat
15under this subsection (c-10), the law enforcement officer shall
16attempt to contact the owner of the dog or cat and shall seek
17emergency veterinary care for the animal as soon as available.
18The law enforcement officer shall leave information of the
19location of the dog or cat if the owner cannot be reached. The
20owner of the dog or cat is responsible for any costs of
21providing care to the dog or cat.
22    (d) A person convicted of violating this Section is guilty
23of a Class A misdemeanor. A second or subsequent conviction for
24a violation of this Section is a Class 4 felony. In addition to
25any other penalty provided by law, a person who is convicted of
26violating subsection (a) upon a companion animal in the

 

 

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1presence of a child, as defined in Section 12-0.1 of the
2Criminal Code of 2012, shall be subject to a fine of $250 and
3ordered to perform community service for not less than 100
4hours. In addition to any other penalty provided by law, upon
5conviction for violating this Section, the court may order the
6convicted person to undergo a psychological or psychiatric
7evaluation and to undergo any treatment at the convicted
8person's expense that the court determines to be appropriate
9after due consideration of the evidence. If the convicted
10person is a juvenile or a companion animal hoarder, the court
11must order the convicted person to undergo a psychological or
12psychiatric evaluation and to undergo treatment that the court
13determines to be appropriate after due consideration of the
14evaluation.
15(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642,
16eff. 7-28-16; 99-782, eff. 8-12-16.)".