Full Text of HB3779 98th General Assembly
HB3779 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3779 Introduced , by Rep. Maria Antonia Berrios SYNOPSIS AS INTRODUCED: |
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510 ILCS 70/3.01 | from Ch. 8, par. 703.01 |
510 ILCS 70/3.02 |
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510 ILCS 70/3.03 |
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Amends the Humane Care for Animals Act. Increases the penalties for convictions of cruel treatment, aggravated cruelty, and animal torture.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Humane Care for Animals Act is amended by | 5 | | changing Sections 3.01, 3.02, and 3.03 as follows:
| 6 | | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
| 7 | | Sec. 3.01. Cruel treatment. No person or owner may beat, | 8 | | cruelly treat,
torment, starve, overwork or otherwise abuse any | 9 | | animal.
| 10 | | No owner may abandon any animal where it may become a | 11 | | public charge or
may suffer injury, hunger or exposure.
| 12 | | A person convicted of violating this Section is guilty of a | 13 | | Class 4 felony A
misdemeanor . A second or subsequent conviction | 14 | | for a violation of this Section
is a Class 3 4 felony. In | 15 | | addition to any other penalty provided by law, upon
conviction | 16 | | for violating this Section, the court may order the convicted | 17 | | person
to undergo a psychological or psychiatric evaluation and | 18 | | to undergo any
treatment at the convicted person's expense that | 19 | | the court determines to be
appropriate after due consideration | 20 | | of the evidence. If the convicted person
is a juvenile or a | 21 | | companion animal hoarder, the court must order the convicted
| 22 | | person to undergo a psychological or psychiatric evaluation and | 23 | | to undergo
treatment that the court determines to be |
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| 1 | | appropriate after due consideration
of the evaluation.
| 2 | | (Source: P.A. 92-650, eff. 7-11-02.)
| 3 | | (510 ILCS 70/3.02)
| 4 | | Sec. 3.02. Aggravated cruelty. | 5 | | (a) No person may intentionally
commit an act that causes a | 6 | | companion animal to suffer serious injury or
death. Aggravated | 7 | | cruelty does not include euthanasia of a companion animal
| 8 | | through recognized methods approved by the Department of | 9 | | Agriculture unless prohibited under subsection (b).
| 10 | | (b) No individual, except a licensed veterinarian as | 11 | | exempted under Section 3.09, may knowingly or intentionally | 12 | | euthanize or authorize the euthanasia of a companion animal by | 13 | | use of carbon monoxide. | 14 | | (c) A person convicted of violating Section 3.02 is guilty | 15 | | of a Class 3 4
felony. A second or subsequent violation is a | 16 | | Class 2 3 felony. In addition to
any other penalty provided by | 17 | | law, upon conviction for violating this Section,
the court may | 18 | | order the convicted person to undergo a psychological or
| 19 | | psychiatric evaluation and to undergo any treatment at the | 20 | | convicted person's
expense that the court determines to be | 21 | | appropriate after due consideration of
the evaluation. If the | 22 | | convicted person is a juvenile or a companion animal
hoarder, | 23 | | the court must order the convicted person to undergo a | 24 | | psychological
or psychiatric evaluation and to undergo | 25 | | treatment that the court determines to
be appropriate after due |
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| 1 | | consideration of the evaluation.
| 2 | | (Source: P.A. 96-780, eff. 8-28-09.)
| 3 | | (510 ILCS 70/3.03)
| 4 | | Sec. 3.03. Animal torture.
| 5 | | (a) A person commits animal torture when that person | 6 | | without legal
justification knowingly or intentionally | 7 | | tortures an animal. For purposes of
this Section, and subject | 8 | | to subsection (b), "torture" means infliction of or
subjection | 9 | | to extreme physical pain, motivated by an intent to increase or
| 10 | | prolong the pain, suffering, or agony of the animal.
| 11 | | (b) For the purposes of this Section, "animal torture" does | 12 | | not include
any death, harm, or injury caused to any animal by | 13 | | any of the following
activities:
| 14 | | (1) any hunting, fishing, trapping, or other activity | 15 | | allowed under the
Wildlife Code, the Wildlife Habitat | 16 | | Management Areas Act, or the Fish and
Aquatic Life Code;
| 17 | | (2) any alteration or destruction of any animal done by | 18 | | any person or unit
of government pursuant to statute, | 19 | | ordinance, court order, or the direction of
a licensed | 20 | | veterinarian;
| 21 | | (3) any alteration or destruction of any animal by any | 22 | | person for any
legitimate purpose, including, but not | 23 | | limited to: castration, culling,
declawing, defanging, ear | 24 | | cropping, euthanasia, gelding, grooming, neutering,
| 25 | | polling, shearing, shoeing, slaughtering, spaying, tail |
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| 1 | | docking, and
vivisection; and
| 2 | | (4) any other activity that may be lawfully done to an | 3 | | animal.
| 4 | | (c) A person convicted of violating this Section is guilty | 5 | | of a Class 2 3
felony. As a condition of the sentence imposed | 6 | | under this Section, the court
shall order the offender to | 7 | | undergo a psychological or psychiatric evaluation
and to | 8 | | undergo treatment that the court determines to be appropriate | 9 | | after due
consideration of the evaluation.
| 10 | | (Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)
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