Rep. Daniel J. Burke
Filed: 4/3/2014
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| 1 | AMENDMENT TO HOUSE BILL 3768
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| 2 | AMENDMENT NO. ______. Amend House Bill 3768, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Humane Care for Animals Act is amended by | ||||||
| 6 | adding Section 2.01b-1 and by changing Section 3.02 as follows: | ||||||
| 7 | (510 ILCS 70/2.01b-1 new) | ||||||
| 8 | Sec. 2.01b-1. In the presence of a minor. "In the presence | ||||||
| 9 | of a minor" means in the physical presence of a person under 18 | ||||||
| 10 | years of age or knowing or having reason to know that a person | ||||||
| 11 | under 18 years of age is present and may see or hear an act | ||||||
| 12 | constituting a violation.
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| 13 | (510 ILCS 70/3.02)
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| 14 | Sec. 3.02. Aggravated cruelty. | ||||||
| 15 | (a) No person may intentionally
commit an act that causes a | ||||||
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| 1 | companion animal to suffer serious injury or
death. Aggravated | ||||||
| 2 | cruelty does not include euthanasia of a companion animal
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| 3 | through recognized methods approved by the Department of | ||||||
| 4 | Agriculture unless prohibited under subsection (b). | ||||||
| 5 | (a-5) No person may knowingly beat, cruelly treat, torment, | ||||||
| 6 | starve, overwork, or otherwise abuse any companion animal in | ||||||
| 7 | the presence of a minor.
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| 8 | (b) No individual, except a licensed veterinarian as | ||||||
| 9 | exempted under Section 3.09, may knowingly or intentionally | ||||||
| 10 | euthanize or authorize the euthanasia of a companion animal by | ||||||
| 11 | use of carbon monoxide. | ||||||
| 12 | (c) A person convicted of violating Section 3.02 is guilty | ||||||
| 13 | of a Class 4
felony. A second or subsequent violation is a | ||||||
| 14 | Class 3 felony. In addition to
any other penalty provided by | ||||||
| 15 | law, upon conviction for violating this Section,
the court may | ||||||
| 16 | order the convicted person to undergo a psychological or
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| 17 | psychiatric evaluation and to undergo any treatment at the | ||||||
| 18 | convicted person's
expense that the court determines to be | ||||||
| 19 | appropriate after due consideration of
the evaluation. If the | ||||||
| 20 | convicted person is a juvenile or a companion animal
hoarder, | ||||||
| 21 | the court must order the convicted person to undergo a | ||||||
| 22 | psychological
or psychiatric evaluation and to undergo | ||||||
| 23 | treatment that the court determines to
be appropriate after due | ||||||
| 24 | consideration of the evaluation.
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| 25 | (Source: P.A. 96-780, eff. 8-28-09.)".
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