Full Text of HB4380 100th General Assembly
HB4380ham003 100TH GENERAL ASSEMBLY | Rep. Allen Skillicorn Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4380
| 2 | | AMENDMENT NO. ______. Amend House Bill 4380, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Humane Care for Animals Act is amended by | 6 | | changing Section 3.01 as follows:
| 7 | | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
| 8 | | Sec. 3.01. Cruel treatment. | 9 | | (a) No person or owner may beat, cruelly treat,
torment, | 10 | | starve, overwork or otherwise abuse any animal.
| 11 | | (b) No owner may abandon any animal where it may become a | 12 | | public charge or
may suffer injury, hunger or exposure.
| 13 | | (c) No owner of a dog or cat that is a companion animal may | 14 | | expose the dog or cat in a manner that places the dog or cat in | 15 | | a life-threatening situation for a prolonged period of time in | 16 | | extreme heat or cold conditions that: |
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| 1 | | (1) results in injury to or death of the animal; or | 2 | | (2) results in hypothermia, hyperthermia, frostbite, | 3 | | or similar condition as diagnosed by a doctor of veterinary | 4 | | medicine. | 5 | | (c-5) Nothing in this Section shall prohibit an animal from | 6 | | being impounded in an emergency situation under subsection (b) | 7 | | of Section 12 of this Act. | 8 | | (c-10) Nothing in this Section shall prohibit a law | 9 | | enforcement officer, an animal control officer, or humane | 10 | | investigator under the authority of a law enforcement officer | 11 | | from taking temporary custody of a dog or cat that is a | 12 | | companion animal that is exposed in a manner that places the | 13 | | dog or cat in a life-threatening situation for a prolonged | 14 | | period of time in extreme heat or cold conditions that may | 15 | | result in injury or death of the animal or may result in | 16 | | hypothermia, hyperthermia, frostbite, or similar condition. | 17 | | Upon taking temporary custody of an animal under this | 18 | | subsection (c-10), the law enforcement officer, animal control | 19 | | officer, or humane investigator shall attempt to contact the | 20 | | owner of the animal and may seek veterinary care for the animal | 21 | | at the earliest possible opportunity. The owner of the animal | 22 | | is responsible for any costs of providing care to the animal. | 23 | | (d) A person convicted of violating this Section is guilty | 24 | | of a Class A
misdemeanor. A second or subsequent conviction for | 25 | | a violation of this Section
is a Class 4 felony. In addition to | 26 | | any other penalty provided by law, a person who is convicted of |
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| 1 | | violating subsection (a) upon a companion animal in the | 2 | | presence of a child, as defined in Section 12-0.1 of the | 3 | | Criminal Code of 2012, shall be subject to a fine of $250 and | 4 | | ordered to perform community service for not less than 100 | 5 | | hours. In addition to any other penalty provided by law, upon
| 6 | | conviction for violating this Section, the court may order the | 7 | | convicted person
to undergo a psychological or psychiatric | 8 | | evaluation and to undergo any
treatment at the convicted | 9 | | person's expense that the court determines to be
appropriate | 10 | | after due consideration of the evidence. If the convicted | 11 | | person
is a juvenile or a companion animal hoarder, the court | 12 | | must order the convicted
person to undergo a psychological or | 13 | | psychiatric evaluation and to undergo
treatment that the court | 14 | | determines to be appropriate after due consideration
of the | 15 | | evaluation.
| 16 | | (Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642, | 17 | | eff. 7-28-16; 99-782, eff. 8-12-16.)".
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