Full Text of HB3438 100th General Assembly
HB3438 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3438 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
| 510 ILCS 70/3.01 | from Ch. 8, par. 703.01 | 510 ILCS 70/3.02 | |
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Amends the Humane Care for Animals Act. Provides that in certain offenses involving injury to companion animals, except for a State licensed veterinary hospital, humane society, animal shelter, or kennel, the convicted individual shall pay the owner of the companion animal 3 times the value of the immediate, completed, or ongoing veterinary treatment related to the injury of the companion animal.
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| | A BILL FOR |
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| | | HB3438 | | LRB100 09717 SLF 19886 b |
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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 and 3.02 as follows:
| 6 | | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
| 7 | | Sec. 3.01. Cruel treatment. | 8 | | (a) No person or owner may beat, cruelly treat,
torment, | 9 | | starve, overwork or otherwise abuse any animal.
| 10 | | (b) No owner may abandon any animal where it may become a | 11 | | public charge or
may suffer injury, hunger or exposure.
| 12 | | (c) No owner of a dog or cat that is a companion animal may | 13 | | expose the dog or cat in a manner that places the dog or cat in | 14 | | a life-threatening situation for a prolonged period of time in | 15 | | extreme heat or cold conditions that: | 16 | | (1) results in injury to or death of the animal; or | 17 | | (2) results in hypothermia, hyperthermia, frostbite, | 18 | | or similar condition as diagnosed by a doctor of veterinary | 19 | | medicine. | 20 | | (c-5) Nothing in this Section shall prohibit an animal from | 21 | | being impounded in an emergency situation under subsection (b) | 22 | | of Section 12 of this Act. | 23 | | (d) A person convicted of violating this Section is guilty |
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| 1 | | of a Class A
misdemeanor. A second or subsequent conviction for | 2 | | a violation of this Section
is a Class 4 felony. In addition to | 3 | | any other penalty provided by law, a person who is convicted of | 4 | | violating subsection (a) upon a companion animal in the | 5 | | presence of a child, as defined in Section 12-0.1 of the | 6 | | Criminal Code of 2012, shall be subject to a fine of $250 and | 7 | | ordered to perform community service for not less than 100 | 8 | | hours. In addition to any other penalty provided by law, upon
| 9 | | conviction for violating this Section, the court may order the | 10 | | convicted person
to undergo a psychological or psychiatric | 11 | | evaluation and to undergo any
treatment at the convicted | 12 | | person's expense that the court determines to be
appropriate | 13 | | after due consideration of the evidence. If the convicted | 14 | | person
is a juvenile or a companion animal hoarder, the court | 15 | | must order the convicted
person to undergo a psychological or | 16 | | psychiatric evaluation and to undergo
treatment that the court | 17 | | determines to be appropriate after due consideration
of the | 18 | | evaluation. A person convicted of subsection (c), except for a | 19 | | State licensed veterinary hospital, humane society, animal | 20 | | shelter, or kennel, shall pay the owner of the companion animal | 21 | | 3 times the value of the immediate, completed, or ongoing | 22 | | veterinary treatment related to the inquiry of the companion | 23 | | animal.
| 24 | | (Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642, | 25 | | eff. 7-28-16; 99-782, eff. 8-12-16.)
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| 1 | | (510 ILCS 70/3.02)
| 2 | | Sec. 3.02. Aggravated cruelty. | 3 | | (a) No person may intentionally
commit an act that causes a | 4 | | companion animal to suffer serious injury or
death. Aggravated | 5 | | cruelty does not include euthanasia of a companion animal
| 6 | | through recognized methods approved by the Department of | 7 | | Agriculture unless prohibited under subsection (b).
| 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
| 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. A person convicted of this | 25 | | Section, except for a State licensed veterinary hospital, | 26 | | humane society, animal shelter, or kennel, shall pay the owner |
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| 1 | | of the companion animal 3 times the value of the immediate, | 2 | | completed, or ongoing veterinary treatment related to the | 3 | | inquiry of the companion animal.
| 4 | | (Source: P.A. 96-780, eff. 8-28-09.)
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