Full Text of SB0139 96th General Assembly
SB0139 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0139
Introduced 1/30/2009, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
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Amends the Humane Care for Animals Act. Limits the situations when a person could dock an animal's tail or crop its ears without violating the Act's prohibition against "animal torture". Establishes that the following is not "animal torture": (i) tail docking performed by an Illinois licensed veterinarian for a medical reason (now, just "tail docking") or (ii) ear cropping performed by an Illinois licensed veterinarian for a medical reason (now, just "ear cropping"). Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0139 |
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LRB096 04245 JDS 14291 b |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Humane Care for Animals Act is amended by | 5 |
| changing Section 3.03 as follows:
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| (510 ILCS 70/3.03)
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| Sec. 3.03. Animal torture.
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| (a) A person commits animal torture when that person | 9 |
| without legal
justification knowingly or intentionally | 10 |
| tortures an animal. For purposes of
this Section, and subject | 11 |
| to subsection (b), "torture" means infliction of or
subjection | 12 |
| to extreme physical pain, motivated by an intent to increase or
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| prolong the pain, suffering, or agony of the animal.
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| (b) For the purposes of this Section, "animal torture" does | 15 |
| not include
any death, harm, or injury caused to any animal by | 16 |
| any of the following
activities:
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| (1) any hunting, fishing, trapping, or other activity | 18 |
| allowed under the
Wildlife Code, the Wildlife Habitat | 19 |
| Management Areas Act, or the Fish and
Aquatic Life Code;
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| (2) any alteration or destruction of any animal done by | 21 |
| any person or unit
of government pursuant to statute, | 22 |
| ordinance, court order, or the direction of
a licensed | 23 |
| veterinarian;
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SB0139 |
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LRB096 04245 JDS 14291 b |
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| (3) any alteration or destruction of any animal by any | 2 |
| person for any
legitimate purpose, including, but not | 3 |
| limited to: castration, culling,
declawing, defanging, ear | 4 |
| cropping, euthanasia, gelding, grooming, neutering,
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| polling, shearing, shoeing, slaughtering, spaying, tail | 6 |
| docking, and
vivisection; and
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| (4) any other activity that may be lawfully done to an | 8 |
| animal ; and .
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| (5) tail docking performed by an Illinois licensed | 10 |
| veterinarian for a medical reason or ear cropping performed | 11 |
| by an Illinois licensed veterinarian for a medical reason. | 12 |
| (c) A person convicted of violating this Section is guilty | 13 |
| of a Class 3
felony. As a condition of the sentence imposed | 14 |
| under this Section, the court
shall order the offender to | 15 |
| undergo a psychological or psychiatric evaluation
and to | 16 |
| undergo treatment that the court determines to be appropriate | 17 |
| after due
consideration of the evaluation.
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| (Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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