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Rep. Allen Skillicorn
Filed: 4/26/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4380
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4380, AS AMENDED, by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Humane Care for Animals Act is amended by |
| 6 | | changing Section 3.01 as follows:
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| 7 | | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
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| 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.
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| 11 | | (b) No owner may abandon any animal where it may become a |
| 12 | | public charge or
may suffer injury, hunger or exposure.
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| 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 from taking temporary custody of a dog or |
| 10 | | cat that is a companion animal that is exposed in a manner that |
| 11 | | places the dog or cat in a life-threatening situation for a |
| 12 | | prolonged period of time in extreme heat or cold conditions |
| 13 | | that may result in injury or death of the animal or may result |
| 14 | | in hypothermia, hyperthermia, frostbite, or similar condition. |
| 15 | | Upon taking temporary custody of an animal under this |
| 16 | | subsection (c-10), the law enforcement officer shall attempt to |
| 17 | | contact the owner of the animal and shall seek emergency |
| 18 | | veterinary care for the animal. The owner of the animal is |
| 19 | | responsible for any costs of providing care to the animal. |
| 20 | | (d) A person convicted of violating this Section is guilty |
| 21 | | of a Class A
misdemeanor. A second or subsequent conviction for |
| 22 | | a violation of this Section
is a Class 4 felony. In addition to |
| 23 | | any other penalty provided by law, a person who is convicted of |
| 24 | | violating subsection (a) upon a companion animal in the |
| 25 | | presence of a child, as defined in Section 12-0.1 of the |
| 26 | | Criminal Code of 2012, shall be subject to a fine of $250 and |
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| 1 | | ordered to perform community service for not less than 100 |
| 2 | | hours. In addition to any other penalty provided by law, upon
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| 3 | | conviction for violating this Section, the court may order the |
| 4 | | convicted person
to undergo a psychological or psychiatric |
| 5 | | evaluation and to undergo any
treatment at the convicted |
| 6 | | person's expense that the court determines to be
appropriate |
| 7 | | after due consideration of the evidence. If the convicted |
| 8 | | person
is a juvenile or a companion animal hoarder, the court |
| 9 | | must order the convicted
person to undergo a psychological or |
| 10 | | psychiatric evaluation and to undergo
treatment that the court |
| 11 | | determines to be appropriate after due consideration
of the |
| 12 | | evaluation.
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| 13 | | (Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642, |
| 14 | | eff. 7-28-16; 99-782, eff. 8-12-16.)".
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