97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0065

 

Introduced 1/27/2011, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/3.01  from Ch. 8, par. 703.01

    Amends the Humane Care for Animals Act. Provides that it is not a violation under the cruel treatment provision of the Humane Care for Animals Act for caretakers or rescue groups to trap, neuter or spay, vaccinate, and release a companion animal back to the animal's original habitat for the sole purpose of preventing future litters.


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A BILL FOR

 

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1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Humane Care for Animals Act is amended by
5changing Section 3.01 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,
9starve, overwork or otherwise abuse any animal.
10    No owner may abandon any animal where it may become a
11public charge or may suffer injury, hunger or exposure.
12    A person convicted of violating this Section is guilty of a
13Class A misdemeanor. A second or subsequent conviction for a
14violation of this Section is a Class 4 felony. In addition to
15any other penalty provided by law, upon conviction for
16violating this Section, the court may order the convicted
17person to undergo a psychological or psychiatric evaluation and
18to undergo any treatment at the convicted person's expense that
19the court determines to be appropriate after due consideration
20of the evidence. If the convicted person is a juvenile or a
21companion animal hoarder, the court must order the convicted
22person to undergo a psychological or psychiatric evaluation and
23to undergo treatment that the court determines to be

 

 

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1appropriate after due consideration of the evaluation.
2    (b) It is not a violation of this Section to trap, neuter
3or spay, vaccinate, and release or return a companion animal to
4the animal's original habitat by a caretaker or rescue group
5for the sole purpose of preventing future litters.
6(Source: P.A. 92-650, eff. 7-11-02.)