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

     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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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
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    (b) No owner may abandon any animal where it may become a 
11public charge or
may suffer injury, hunger or exposure.

12    (c)    No person may knowingly beat, cruelly treat, torment, 
13starve, overwork, or otherwise abuse any companion animal in 
14the presence of a minor. As used in this Section, "in the 
15presence of a minor" means in the physical presence of a person 
16under 18 years of age or knowing or having reason to know that 
17a person under 18 years of age is present and may see or hear an 
18act constituting a violation. Any person convicted of a 
19violation under this subsection shall be subject to a fine of 
20$250 and ordered to perform community service for not less than 
21200 hours, if community service is available in the 
22jurisdiction. The order shall be in addition to any other 
23penalties authorized by this Section. At the discretion of the 
 
 
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1court, a defendant convicted of a violation under this 
2subsection shall be liable for the cost of any counseling 
3required for the minor.
4    (d) A person convicted of violating this Section is guilty 
5of a Class A
misdemeanor.  A second or subsequent conviction for 
6a violation of this Section
is a Class 4 felony.  In addition to 
7any other penalty provided by law, upon
conviction for 
8violating this Section, the court may order the convicted 
9person
to undergo a psychological or psychiatric evaluation and 
10to undergo any
treatment at the convicted person's expense that 
11the court determines to be
appropriate after due consideration 
12of the evidence.  If the convicted person
is a juvenile or a 
13companion animal hoarder, the court must order the convicted

14person to undergo a psychological or psychiatric evaluation and 
15to undergo
treatment that the court determines to be 
16appropriate after due consideration
of the evaluation.

17(Source: P.A. 92-650, eff. 7-11-02.)