HB3231 EngrossedLRB099 08092 MGM 28238 b

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.)