Rep. Thomas Holbrook

Filed: 3/1/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 840

2    AMENDMENT NO. ______. Amend House Bill 840 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Humane Care for Animals Act is amended by
5changing Sections 2, 2.06, and 3.01 and by adding Section 2.11
6as follows:
 
7    (510 ILCS 70/2)  (from Ch. 8, par. 702)
8    Sec. 2.
9    As used in this Act, unless the context otherwise requires,
10the terms specified in Sections 2.01 through 2.11 2.07 have the
11meanings ascribed to them in those Sections.
12(Source: P.A. 78-905.)
 
13    (510 ILCS 70/2.06)  (from Ch. 8, par. 702.06)
14    Sec. 2.06. "Owner" means any person who (a) has a right of
15property in an animal, (b) keeps or harbors an animal, (c) has

 

 

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1an animal in his care, or (d) acts as custodian of an animal.
2"Owner" does not include a feral cat caretaker participating in
3a trap, spay or neuter, and return or release program.
4(Source: P.A. 78-905.)
 
5    (510 ILCS 70/2.11 new)
6    Sec. 2.11. Feral cat. "Feral cat" means a cat that (i) is
7born in the wild or is the offspring of an owned or feral cat
8and is not socialized, (ii) is a formerly owned cat that has
9been abandoned and is no longer socialized, or (iii) lives on a
10farm.
 
11    (510 ILCS 70/3.01)  (from Ch. 8, par. 703.01)
12    Sec. 3.01. Cruel treatment. No person or owner may beat,
13cruelly treat, torment, starve, overwork or otherwise abuse any
14animal.
15    No owner may abandon any animal where it may become a
16public charge or may suffer injury, hunger or exposure. It is
17not a violation of this Section to trap, spay or neuter,
18vaccinate, and release or return a feral cat to the feral cat's
19original habitat by a caretaker to reduce the number of stray
20cats.
21    A person convicted of violating this Section is guilty of a
22Class A misdemeanor. A second or subsequent conviction for a
23violation of this Section is a Class 4 felony. In addition to
24any other penalty provided by law, upon conviction for

 

 

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1violating this Section, the court may order the convicted
2person to undergo a psychological or psychiatric evaluation and
3to undergo any treatment at the convicted person's expense that
4the court determines to be appropriate after due consideration
5of the evidence. If the convicted person is a juvenile or a
6companion animal hoarder, the court must order the convicted
7person to undergo a psychological or psychiatric evaluation and
8to undergo treatment that the court determines to be
9appropriate after due consideration of the evaluation.
10(Source: P.A. 92-650, eff. 7-11-02.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".