Full Text of SB1311 101st General Assembly
SB1311 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1311 Introduced 2/7/2019, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: |
| 510 ILCS 70/3 | from Ch. 8, par. 703 | 510 ILCS 70/3.01 | from Ch. 8, par. 703.01 | 510 ILCS 70/3.02 | | 510 ILCS 70/3.03 | | 510 ILCS 70/3.03-1 | |
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Amends the Humane Care for Animals Act. Increases penalties of owner's duties, cruel treatment, aggravated cruelty, animal torture, and depiction of animal cruelty by one class.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Humane Care for Animals Act is amended by | 5 | | changing Sections 3, 3.01, 3.02, 3.03, and 3.03-1 as follows:
| 6 | | (510 ILCS 70/3) (from Ch. 8, par. 703)
| 7 | | Sec. 3. Owner's duties. | 8 | | (a) Each owner shall provide for each of his or her | 9 | | animals:
| 10 | | (1) a sufficient quantity of good quality, wholesome | 11 | | food and water;
| 12 | | (2) adequate shelter and protection from the weather;
| 13 | | (3) veterinary care when needed to prevent suffering; | 14 | | and
| 15 | | (4) humane care and treatment.
| 16 | | (b) To lawfully tether a dog outdoors, an owner must ensure | 17 | | that the dog: | 18 | | (1) does not suffer from a condition that is known, by | 19 | | that person, to be exacerbated by tethering; | 20 | | (2) is tethered in a manner that will prevent it from | 21 | | becoming entangled with other tethered dogs; | 22 | | (3) is not tethered with a lead that (i) exceeds | 23 | | one-eighth of the dog's body weight or (ii) is a tow chain |
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| 1 | | or a log chain; | 2 | | (4) is tethered with a lead that measures, when rounded | 3 | | to the nearest whole foot, at least 10 feet in length; | 4 | | (5) is tethered with a properly fitting harness or | 5 | | collar other than the lead or a pinch, prong, or choke-type | 6 | | collar; and | 7 | | (6) is not tethered in a manner that will allow it to | 8 | | reach within the property of another person, a public | 9 | | walkway, or a road. | 10 | | (c) Subsection (b) of this Section shall not be construed | 11 | | to prohibit: | 12 | | (1) a person from walking a dog with a hand-held leash; | 13 | | (2) conduct that is directly related to the cultivating | 14 | | of agricultural products, including shepherding or herding | 15 | | cattle or livestock, if the restraint is reasonably | 16 | | necessary for the safety of the dog; | 17 | | (3) the tethering of a dog while at an organized and | 18 | | lawful animal function, such as hunting, obedience | 19 | | training, performance and conformance events, or law | 20 | | enforcement training, or while in the pursuit of working or | 21 | | competing in those endeavors; or | 22 | | (4) a dog restrained in compliance with the | 23 | | requirements of
a camping or recreational area as defined | 24 | | by a federal, State, or
local authority or jurisdiction. | 25 | | (d) A person convicted of violating subsection (a) of this | 26 | | Section is guilty of a Class A B
misdemeanor. A second or |
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| 1 | | subsequent violation of subsection (a) of this Section is a | 2 | | Class 3 4 felony with every
day that a violation continues | 3 | | constituting a separate offense. In addition to
any other | 4 | | penalty provided by law, upon conviction for violating | 5 | | subsection (a) of this Section,
the court may order the | 6 | | convicted person to undergo a psychological or
psychiatric | 7 | | evaluation and to undergo any treatment at the convicted | 8 | | person's
expense that the court determines to be appropriate | 9 | | after due consideration of
the evaluation. If the convicted | 10 | | person is a juvenile or a companion animal
hoarder, the court | 11 | | must order the convicted person to undergo a psychological
or | 12 | | psychiatric evaluation and to undergo treatment that the court | 13 | | determines to
be appropriate after due consideration of the | 14 | | evaluation.
| 15 | | (e) A person convicted of violating subsection (b) of this | 16 | | Section is guilty of a Class A B misdemeanor. | 17 | | (f) As used in this Section, "tether" means to restrain by | 18 | | tying to an object or structure, including, without limitation, | 19 | | a house, tree, fence, post, garage, shed, or clothes line at a | 20 | | person's residence or business, by any means, including, | 21 | | without limitation, a chain, rope, cord, leash, or running | 22 | | line. | 23 | | (Source: P.A. 98-101, eff. 1-1-14.)
| 24 | | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
| 25 | | Sec. 3.01. Cruel treatment. |
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| 1 | | (a) No person or owner may beat, cruelly treat,
torment, | 2 | | starve, overwork or otherwise abuse any animal.
| 3 | | (b) No owner may abandon any animal where it may become a | 4 | | public charge or
may suffer injury, hunger or exposure.
| 5 | | (c) No owner of a dog or cat that is a companion animal may | 6 | | expose the dog or cat in a manner that places the dog or cat in | 7 | | a life-threatening situation for a prolonged period of time in | 8 | | extreme heat or cold conditions that: | 9 | | (1) results in injury to or death of the animal; or | 10 | | (2) results in hypothermia, hyperthermia, frostbite, | 11 | | or similar condition as diagnosed by a doctor of veterinary | 12 | | medicine. | 13 | | (c-5) Nothing in this Section shall prohibit an animal from | 14 | | being impounded in an emergency situation under subsection (b) | 15 | | of Section 12 of this Act. | 16 | | (c-10) Nothing in this Section shall prohibit a law | 17 | | enforcement officer from taking temporary custody of a dog or | 18 | | cat that is a companion animal that is exposed in a manner that | 19 | | places the dog or cat in a life-threatening situation for a | 20 | | prolonged period of time in extreme heat or cold conditions | 21 | | that may result in injury or death of the dog or cat or may | 22 | | result in hypothermia, hyperthermia, frostbite, or similar | 23 | | condition. Upon taking temporary custody of the dog or cat | 24 | | under this subsection (c-10), the law enforcement officer shall | 25 | | attempt to contact the owner of the dog or cat and shall seek | 26 | | emergency veterinary care for the animal as soon as available. |
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| 1 | | The law enforcement officer shall leave information of the | 2 | | location of the dog or cat if the owner cannot be reached. The | 3 | | owner of the dog or cat is responsible for any costs of | 4 | | providing care to the dog or cat. | 5 | | (d) A person convicted of violating this Section is guilty | 6 | | of a Class 4 felony A
misdemeanor . A second or subsequent | 7 | | conviction for a violation of this Section
is a Class 3 4 | 8 | | felony. In addition to any other penalty provided by law, a | 9 | | person who is convicted of violating subsection (a) upon a | 10 | | companion animal in the presence of a child, as defined in | 11 | | Section 12-0.1 of the Criminal Code of 2012, shall be subject | 12 | | to a fine of $250 and ordered to perform community service for | 13 | | not less than 100 hours. In addition to any other penalty | 14 | | provided by law, upon
conviction for violating this Section, | 15 | | the court may order the convicted person
to undergo a | 16 | | psychological or psychiatric evaluation and to undergo any
| 17 | | treatment at the convicted person's expense that the court | 18 | | determines to be
appropriate after due consideration of the | 19 | | evidence. If the convicted person
is a juvenile or a companion | 20 | | animal hoarder, the court must order the convicted
person to | 21 | | undergo a psychological or psychiatric evaluation and to | 22 | | undergo
treatment that the court determines to be appropriate | 23 | | after due consideration
of the evaluation.
| 24 | | (Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642, | 25 | | eff. 7-28-16; 99-782, eff. 8-12-16; 100-740, eff. 1-1-19 .)
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| 1 | | (510 ILCS 70/3.02)
| 2 | | Sec. 3.02. Aggravated cruelty. | 3 | | (a) No person may intentionally
commit an act that causes a | 4 | | companion animal to suffer serious injury or
death. Aggravated | 5 | | cruelty does not include euthanasia of a companion animal
| 6 | | through recognized methods approved by the Department of | 7 | | Agriculture unless prohibited under subsection (b).
| 8 | | (b) No individual, except a licensed veterinarian as | 9 | | exempted under Section 3.09, may knowingly or intentionally | 10 | | euthanize or authorize the euthanasia of a companion animal by | 11 | | use of carbon monoxide. | 12 | | (c) A person convicted of violating Section 3.02 is guilty | 13 | | of a Class 3 4
felony. A second or subsequent violation is a | 14 | | Class 2 3 felony. In addition to
any other penalty provided by | 15 | | law, upon conviction for violating this Section,
the court may | 16 | | order the convicted person to undergo a psychological or
| 17 | | psychiatric evaluation and to undergo any treatment at the | 18 | | convicted person's
expense that the court determines to be | 19 | | appropriate after due consideration of
the evaluation. If the | 20 | | convicted person is a juvenile or a companion animal
hoarder, | 21 | | the court must order the convicted person to undergo a | 22 | | psychological
or psychiatric evaluation and to undergo | 23 | | treatment that the court determines to
be appropriate after due | 24 | | consideration of the evaluation.
| 25 | | (Source: P.A. 96-780, eff. 8-28-09.)
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| 1 | | (510 ILCS 70/3.03)
| 2 | | Sec. 3.03. Animal torture.
| 3 | | (a) A person commits animal torture when that person | 4 | | without legal
justification knowingly or intentionally | 5 | | tortures an animal. For purposes of
this Section, and subject | 6 | | to subsection (b), "torture" means infliction of or
subjection | 7 | | to extreme physical pain, motivated by an intent to increase or
| 8 | | prolong the pain, suffering, or agony of the animal.
| 9 | | (b) For the purposes of this Section, "animal torture" does | 10 | | not include
any death, harm, or injury caused to any animal by | 11 | | any of the following
activities:
| 12 | | (1) any hunting, fishing, trapping, or other activity | 13 | | allowed under the
Wildlife Code, the Wildlife Habitat | 14 | | Management Areas Act, or the Fish and
Aquatic Life Code;
| 15 | | (2) any alteration or destruction of any animal done by | 16 | | any person or unit
of government pursuant to statute, | 17 | | ordinance, court order, or the direction of
a licensed | 18 | | veterinarian;
| 19 | | (3) any alteration or destruction of any animal by any | 20 | | person for any
legitimate purpose, including, but not | 21 | | limited to: castration, culling,
declawing, defanging, ear | 22 | | cropping, euthanasia, gelding, grooming, neutering,
| 23 | | polling, shearing, shoeing, slaughtering, spaying, tail | 24 | | docking, and
vivisection; and
| 25 | | (4) any other activity that may be lawfully done to an | 26 | | animal.
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| 1 | | (c) A person convicted of violating this Section is guilty | 2 | | of a Class 2 3
felony. As a condition of the sentence imposed | 3 | | under this Section, the court
shall order the offender to | 4 | | undergo a psychological or psychiatric evaluation
and to | 5 | | undergo treatment that the court determines to be appropriate | 6 | | after due
consideration of the evaluation.
| 7 | | (Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)
| 8 | | (510 ILCS 70/3.03-1)
| 9 | | Sec. 3.03-1. Depiction of animal cruelty.
| 10 | | (a) "Depiction of animal cruelty" means any visual or | 11 | | auditory depiction,
including any photograph, motion-picture | 12 | | film, video recording, electronic
image, or
sound recording, | 13 | | that would constitute a violation of Section 3.01, 3.02,
3.03, | 14 | | or 4.01 of the Humane Care for Animals Act or Section 26-5 or | 15 | | 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
| 16 | | (b) No person may knowingly create, sell, market, offer to | 17 | | market or sell,
or possess a depiction of animal
cruelty. No | 18 | | person may place that depiction in commerce for commercial gain | 19 | | or
entertainment.
This
Section does not apply when the | 20 | | depiction has religious, political,
scientific,
educational, | 21 | | law enforcement or humane investigator training,
journalistic, | 22 | | artistic, or historical value; or involves rodeos, sanctioned
| 23 | | livestock
events, or normal husbandry practices.
| 24 | | The creation, sale, marketing, offering to sell or market, | 25 | | or possession of
the depiction of animal cruelty is
illegal
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| 1 | | regardless of whether the maiming, mutilation, torture, | 2 | | wounding, abuse,
killing, or any
other conduct
took place in | 3 | | this State.
| 4 | | (c) Any person convicted of violating this Section is | 5 | | guilty of a Class 4 felony A
misdemeanor . A second or | 6 | | subsequent violation is a Class 3 4 felony. In
addition to any | 7 | | other penalty provided by law, upon conviction for violating
| 8 | | this Section,
the court may order the convicted person to | 9 | | undergo a psychological or
psychiatric
evaluation and to | 10 | | undergo any treatment at the convicted person's expense that
| 11 | | the court
determines to be appropriate after due consideration | 12 | | of the evaluation. If the
convicted
person is a juvenile, the | 13 | | court shall order the convicted person to undergo a
| 14 | | psychological
or psychiatric evaluation and to undergo | 15 | | treatment that the court determines to
be
appropriate after due | 16 | | consideration of the evaluation.
| 17 | | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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