Rep. Daniel J. Burke

Filed: 4/3/2014





09800HB3768ham003LRB098 14784 MLW 58200 a


2    AMENDMENT NO. ______. Amend House Bill 3768, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Humane Care for Animals Act is amended by
6adding 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
9of a minor" means in the physical presence of a person under 18
10years of age or knowing or having reason to know that a person
11under 18 years of age is present and may see or hear an act
12constituting a violation.
13    (510 ILCS 70/3.02)
14    Sec. 3.02. Aggravated cruelty.
15    (a) No person may intentionally commit an act that causes a



09800HB3768ham003- 2 -LRB098 14784 MLW 58200 a

1companion animal to suffer serious injury or death. Aggravated
2cruelty does not include euthanasia of a companion animal
3through recognized methods approved by the Department of
4Agriculture unless prohibited under subsection (b).
5    (a-5) No person may knowingly beat, cruelly treat, torment,
6starve, overwork, or otherwise abuse any companion animal in
7the presence of a minor.
8    (b) No individual, except a licensed veterinarian as
9exempted under Section 3.09, may knowingly or intentionally
10euthanize or authorize the euthanasia of a companion animal by
11use of carbon monoxide.
12    (c) A person convicted of violating Section 3.02 is guilty
13of a Class 4 felony. A second or subsequent violation is a
14Class 3 felony. In addition to any other penalty provided by
15law, upon conviction for violating this Section, the court may
16order the convicted person to undergo a psychological or
17psychiatric evaluation and to undergo any treatment at the
18convicted person's expense that the court determines to be
19appropriate after due consideration of the evaluation. If the
20convicted person is a juvenile or a companion animal hoarder,
21the court must order the convicted person to undergo a
22psychological or psychiatric evaluation and to undergo
23treatment that the court determines to be appropriate after due
24consideration of the evaluation.
25(Source: P.A. 96-780, eff. 8-28-09.)".