92nd General Assembly
Summary of SB0629
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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 
                                                                               



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