Full Text of HB3231 99th General Assembly
HB3231 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3231 Introduced , by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
| 510 ILCS 70/3.01 | from Ch. 8, par. 703.01 |
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Amends the Humane Care for Animals Act. Provides that no person may knowingly beat, cruelly treat, torment, starve, overwork, or otherwise abuse any companion animal in the presence of a minor. Provides that any person convicted of this violation shall be subject to a fine of $250 and ordered to perform community service for not less than 200 hours, if community service is available in the jurisdiction, in addition to any other authorized penalties. Provides that, at the discretion of the court, a defendant convicted of this offense shall be liable for the cost of any counseling required for the minor.
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Humane Care for Animals Act is amended by | 5 | | changing 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, | 9 | | starve, overwork or otherwise abuse any animal.
| 10 | | (b) No owner may abandon any animal where it may become a | 11 | | public charge or
may suffer injury, hunger or exposure.
| 12 | | (c) No person may knowingly beat, cruelly treat, torment, | 13 | | starve, overwork, or otherwise abuse any companion animal in | 14 | | the presence of a minor. As used in this Section, "in the | 15 | | presence of a minor" means in the physical presence of a person | 16 | | under 18 years of age or knowing or having reason to know that | 17 | | a person under 18 years of age is present and may see or hear an | 18 | | act constituting a violation. Any person convicted of a | 19 | | violation under this subsection shall be subject to a fine of | 20 | | $250 and ordered to perform community service for not less than | 21 | | 200 hours, if community service is available in the | 22 | | jurisdiction. The order shall be in addition to any other | 23 | | penalties authorized by this Section. At the discretion of the |
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| 1 | | court, a defendant convicted of a violation under this | 2 | | subsection shall be liable for the cost of any counseling | 3 | | required for the minor. | 4 | | (d) A person convicted of violating this Section is guilty | 5 | | of a Class A
misdemeanor. A second or subsequent conviction for | 6 | | a violation of this Section
is a Class 4 felony. In addition to | 7 | | any other penalty provided by law, upon
conviction for | 8 | | violating this Section, the court may order the convicted | 9 | | person
to undergo a psychological or psychiatric evaluation and | 10 | | to undergo any
treatment at the convicted person's expense that | 11 | | the court determines to be
appropriate after due consideration | 12 | | of the evidence. If the convicted person
is a juvenile or a | 13 | | companion animal hoarder, the court must order the convicted
| 14 | | person to undergo a psychological or psychiatric evaluation and | 15 | | to undergo
treatment that the court determines to be | 16 | | appropriate after due consideration
of the evaluation.
| 17 | | (Source: P.A. 92-650, eff. 7-11-02.)
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