Full Text of HB0840 97th General Assembly
HB0840ham001 97TH GENERAL ASSEMBLY | Rep. Thomas Holbrook Filed: 3/1/2011
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| 1 | | AMENDMENT TO HOUSE BILL 840
| 2 | | AMENDMENT NO. ______. Amend House Bill 840 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Humane Care for Animals Act is amended by | 5 | | changing Sections 2, 2.06, and 3.01 and by adding Section 2.11 | 6 | | as follows:
| 7 | | (510 ILCS 70/2) (from Ch. 8, par. 702)
| 8 | | Sec. 2.
| 9 | | As used in this Act, unless the context otherwise requires, | 10 | | the terms
specified in Sections 2.01 through 2.11 2.07 have the | 11 | | meanings ascribed to them
in those Sections.
| 12 | | (Source: P.A. 78-905.)
| 13 | | (510 ILCS 70/2.06) (from Ch. 8, par. 702.06)
| 14 | | Sec. 2.06.
"Owner" means any person who (a) has a right of | 15 | | property in an animal,
(b) keeps or harbors an animal, (c) has |
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| 1 | | an animal in his care, or (d) acts
as custodian of an animal. | 2 | | "Owner" does not include a feral cat caretaker participating in | 3 | | a trap, spay or neuter, and return or release program.
| 4 | | (Source: P.A. 78-905.)
| 5 | | (510 ILCS 70/2.11 new) | 6 | | Sec. 2.11. Feral cat. "Feral cat" means a cat that (i) is | 7 | | born in the wild or is the offspring of an owned or feral cat | 8 | | and is not socialized, (ii) is a formerly owned cat that has | 9 | | been abandoned and is no longer socialized, or (iii) lives on a | 10 | | farm.
| 11 | | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
| 12 | | Sec. 3.01. Cruel treatment. No person or owner may beat, | 13 | | cruelly treat,
torment, starve, overwork or otherwise abuse any | 14 | | animal.
| 15 | | No owner may abandon any animal where it may become a | 16 | | public charge or
may suffer injury, hunger or exposure. It is | 17 | | not a violation of this Section to trap, spay or neuter, | 18 | | vaccinate, and release or return a feral cat to the feral cat's | 19 | | original habitat by a caretaker to reduce the number of stray | 20 | | cats.
| 21 | | A person convicted of violating this Section is guilty of a | 22 | | Class A
misdemeanor. A second or subsequent conviction for a | 23 | | violation of this Section
is a Class 4 felony. In addition to | 24 | | any other penalty provided by law, upon
conviction for |
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| 1 | | violating this Section, the court may order the convicted | 2 | | person
to undergo a psychological or psychiatric evaluation and | 3 | | to undergo any
treatment at the convicted person's expense that | 4 | | the court determines to be
appropriate after due consideration | 5 | | of the evidence. If the convicted person
is a juvenile or a | 6 | | companion animal hoarder, the court must order the convicted
| 7 | | person to undergo a psychological or psychiatric evaluation and | 8 | | to undergo
treatment that the court determines to be | 9 | | appropriate after due consideration
of the evaluation.
| 10 | | (Source: P.A. 92-650, eff. 7-11-02.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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