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.)