Senate Sponsors: BOMKE-CULLERTON, KLEMM, MOLARO AND BOWLES. House Sponsors: DART-LYONS,JOSEPH-MCKEON-MATHIAS Short description: HUMANE ANIMAL CARE-SEIZURE Synopsis of Bill as introduced: Amends the Humane Care for Animals Act. Provides that animals, equipment, or vehicles used in violation of the Act may be seized. Provides that veterinarians shall report the treatment of animals possibly used in a fighting event. Includes minors within the provisions of the Act. Makes conspiring or soliciting a minor to violate the Act a Class A misdemeanor. SENATE AMENDMENT NO. 1. Removes requirement that equipment be destroyed and the animals humanely euthanized. SENATE AMENDMENT NO. 2. Further amends the Humane Care for Animals Act. Provides that when any veterinarian in good faith complies with the reporting requirements of a subsection pertaining to animals used for a fighting event, he or she has immunity from any liability, civil, criminal, or otherwise, that may result from his or her actions. Also provides that for the purposes of any civil or criminal proceedings, the good faith of the veterinarian shall be rebuttably presumed. SENATE AMENDMENT NO. 3. Adds reference to: 705 ILCS 405/5-125 Amends the Juvenile Court Act of 1987. Provides that a minor who violates the Humane Care for Animals Act may be punished under that Act, except that if detention is ordered, it must comply with the provisions of the Juvenile Court Act of 1987. SENATE AMENDMENT NO. 5. Deletes reference to: 705 ILCS 405/5-125 Adds reference to: 510 ILCS 70/16 from Ch. 8, par. 716 705 ILCS 405/5-615 705 ILCS 405/5-710 705 ILCS 405/5-715 720 ILCS 5/21-1 from Ch. 38, par. 21-1 Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendments 1 and 2. Deletes provisions of Senate Amendment 3. Further amends the Humane Care for Animals Act and the Juvenile Court Act of 1987. Provides that a person who is convicted of aggravated cruelty to an animal is guilty of a Class 4 felony (rather than a Class A misdemeanor) for a first violation, and for a second or subsequent violation, the person is guilty of a Class 3 (rather than a Class 4) felony. Provides that a person who is convicted of animal torture is guilty of a Class 3 (rather than a Class 4) felony for a first violation, and for a second or subsequent violation, the person is guilty of a Class 2 (rather than a Class 3) felony. Provides that a juvenile alleged to have knowingly injured a domestic animal of another person without that person's consent or to have committed aggravated cruelty to an animal or animal torture shall be required, as a condition of supervision, probation, or conditional discharge, to undergo medical or psychiatric treatment, rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. Amends the Criminal Code of 1961. Increases the penalty for knowingly injuring a domestic animal of another person without that person's consent from a Class A misdemeanor to a Class 4 felony in cases where the damages do not exceed $300. HOUSE AMENDMENT NO. 1. (House recedes May 31, 2001) Adds reference to: 510 ILCS 70/2.01a 510 ILCS 70/2.01b new 510 ILCS 70/2.01c new 510 ILCS 70/2.01d new 510 ILCS 70/2.07 from Ch. 8, par. 702.07 510 ILCS 70/2.09 new 510 ILCS 70/2.10 new 510 ILCS 70/3.04 new 510 ILCS 70/3.05 new 510 ILCS 70/3.06 new 510 ILCS 70/4.01 from Ch. 8, par. 704.01 510 ILCS 70/4.02 from Ch. 8, par. 704.02 510 ILCS 70/4.03 from Ch. 8, par. 704.03 510 ILCS 70/4.04 from Ch. 8, par. 704.04 510 ILCS 70/10 from Ch. 8, par. 710 510 ILCS 70/12 from Ch. 8, par. 712 510 ILCS 70/16 from Ch. 8, par. 716 510 ILCS 70/16.1 new 510 ILCS 70/16.2 new 510 ILCS 70/16.3 new 510 ILCS 70/16.4 new 705 ILCS 105/27.5 from Ch. 25, par. 27.5 705 ILCS 105/27.6 705 ILCS 405/5-615 705 ILCS 405/5-710 705 ILCS 405/5-715 720 ILCS 5/21-1 from Ch. 38, par. 21-1 30 ILCS 105/5.545 new Deletes everything. Amends the Humane Care for Animals Act. Sets procedures for the seizure of an animal by a law enforcement officer. Requires certain persons to post security for the care of an animal that has been seized while the case is being adjudicated. Provides for the adoption or euthanasia of seized and forfeited animals. Provides immunity to law enforcement officers, animal control agencies, humane agencies, veterinarians, and certain other persons taking good faith actions under the Act. Allows courts to order the psychological or psychiatric examination and treatment of person convicted of violating the Act. Allow corporations to be charged with violating the Act for the actions of their employees. Provides the owner of an abused animal with a right of civil action. Provides that a person who is convicted of aggravated cruelty to an animal is guilty of a Class 4 felony (rather than a Class A misdemeanor) for a first violation, and for a second or subsequent violation, the person is guilty of a Class 3 (rather than a Class 4) felony. Provides that a person who is convicted of animal torture is guilty of a Class 3 (rather than a Class 4) felony. Amends the Clerks of Courts Act. Provides for the deposit of a portion of the fines collected for certain offenses under the Humane Care for Animals Act into the Illinois Animal Abuse Fund. Amends the Juvenile Court Act of 1987. Provides that a juvenile alleged to have knowingly injured a domestic animal of another person without that person's consent or to have committed aggravated cruelty to an animal or animal torture shall be required, as a condition of supervision, probation, or conditional discharge, to undergo medical or psychiatric treatment, rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. Amends the Criminal Code of 1961. Increases the penalty for knowingly injuring a domestic animal of another person without that person's consent from a Class A misdemeanor to a Class 4 felony in cases where the damages do not exceed $300. Creates the Illinois Animal Abuse Fund. Effective January 1, 2002. FISCAL NOTE, H-AM 1 (Department of Agriculture) This bill is not expected to impose any additional costs on the Department. The bill creates a new Abused Animal Fund, which moneys can be used by the Department to enforce the Humane Care for Animals Act, particularly with regards to animal hoarding. CONFERENCE COMMITTEE REPORT NO. 1. Recommends that the House recede from H-am 1. Recommends that the bill be further amended as follows: Adds reference to: 510 ILS 70/2.01e new 510 ILCS 70/2.01f new 510 ILS 70/2.01g new 510 ILCS 70/2.01h new 510 ILCS 70/3.07 new Deletes everything. Reinserts the provisions of House amendment No. 1, but limits the immunity from civil or criminal liability for good faith actions under the Section on investigation of complaints to veterinarians (instead of veterinarians, law enforcement officials, or animal control or animal shelter investigators). Further amends the Humane Care for Animals Act. Changes all references to "humane agency" to "animal shelter". Adds definitions. Effective January 1, 2002. Last action on Bill: PUBLIC ACT.............................. 92-0454 Last action date: AUG-21-2001 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 4 END OF INQUIRY Full Text Bill Status