92nd General Assembly
Status of SB0629
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BOMKE-CULLERTON, KLEMM, MOLARO AND BOWLES.

(DART-LYONS,JOSEPH-MCKEON-MATHIAS)

   510 ILCS 70/2.07          from Ch. 8, par. 702.07                           
   510 ILCS 70/4.01          from Ch. 8, par. 704.01                           

        Amends the Humane Care for Animals Act.  Provides  that  animals,      
   equipment,  or  vehicles  used  in violation of the Act may be seized.      
   Provides that veterinarians shall  report  the  treatment  of  animals      
   possibly  used  in  a  fighting  event.   Includes  minors  within the      
   provisions of the Act.  Makes conspiring  or  soliciting  a  minor  to      
   violate the Act a Class A misdemeanor.                                      
        SENATE AMENDMENT NO. 1.                                                
        Removes requirement that equipment be destroyed and  the  animals      
   humanely euthanized.                                                        
        SENATE AMENDMENT NO. 2.                                                
        Further amends the Humane Care for Animals  Act.   Provides  that      
   when  any  veterinarian  in  good  faith  complies  with the reporting      
   requirements of a subsection pertaining to animals used for a fighting      
   event, he or she has immunity from any liability, civil, criminal,  or      
   otherwise,  that  may  result  from his or her actions.  Also provides      
   that for the purposes of any civil or criminal proceedings,  the  good      
   faith of the veterinarian shall be rebuttably presumed.                     
        SENATE AMENDMENT NO. 3.                                                
          Adds reference to:                                                   
          705 ILCS 405/5-125                                                   
        Amends the Juvenile Court Act of 1987.  Provides that a minor who      
   violates the Humane Care for Animals Act may be  punished  under  that      
   Act,  except  that  if  detention  is ordered, it must comply with the      
   provisions of the Juvenile Court Act of 1987.                               
        SENATE AMENDMENT NO. 5.                                                
          Deletes reference to:                                                
          705 ILCS 405/5-125                                                   
          Adds reference to:                                                   
          510 ILCS 70/16                  from Ch. 8, par. 716                 
          705 ILCS 405/5-615                                                   
          705 ILCS 405/5-710                                                   
          705 ILCS 405/5-715                                                   
          720 ILCS 5/21-1                 from Ch. 38, par. 21-1               
        Deletes everything after  the  enacting  clause.   Reinserts  the      
   provisions  of  the  bill  as  amended  by  Senate Amendments 1 and 2.      
   Deletes provisions of Senate Amendment 3.  Further amends  the  Humane      
   Care  for  Animals  Act  and the Juvenile Court Act of 1987.  Provides      
   that a person who is convicted of aggravated cruelty to an  animal  is      
   guilty  of  a Class 4 felony (rather than a Class A misdemeanor) for a      
   first violation, and for a second or subsequent violation, the  person      
   is  guilty of a Class 3 (rather than a Class 4) felony.  Provides that      
   a person who is convicted of animal torture is guilty  of  a  Class  3      
   (rather than a Class 4) felony for a first violation, and for a second      
   or  subsequent  violation,  the  person is guilty of a Class 2 (rather      
   than a Class 3) felony.  Provides that  a  juvenile  alleged  to  have      
   knowingly  injured  a  domestic  animal of another person without that      
   person's consent or to have committed aggravated cruelty to an  animal      
   or  animal  torture  shall be required, as a condition of supervision,      
   probation, or conditional discharge, to undergo medical or psychiatric      
   treatment, rendered  by  a  psychiatrist  or  psychological  treatment      
   rendered  by  a  clinical  psychologist.   Amends the Criminal Code of      
   1961.  Increases the penalty for knowingly injuring a domestic  animal      
   of  another  person  without  that  person's  consent  from  a Class A      
   misdemeanor to a Class 4 felony in cases  where  the  damages  do  not      
   exceed $300.                                                                
        HOUSE AMENDMENT NO. 1.  (House recedes May 31, 2001)                   
          Adds reference to:                                                   
          510 ILCS 70/2.01a                                                    
          510 ILCS 70/2.01b new                                                
          510 ILCS 70/2.01c new                                                
          510 ILCS 70/2.01d new                                                
          510 ILCS 70/2.07                from Ch. 8, par. 702.07              
          510 ILCS 70/2.09 new                                                 
          510 ILCS 70/2.10 new                                                 
          510 ILCS 70/3.04 new                                                 
          510 ILCS 70/3.05 new                                                 
          510 ILCS 70/3.06 new                                                 
          510 ILCS 70/4.01                from Ch. 8, par. 704.01              
          510 ILCS 70/4.02                from Ch. 8, par. 704.02              
          510 ILCS 70/4.03                from Ch. 8, par. 704.03              
          510 ILCS 70/4.04                from Ch. 8, par. 704.04              
          510 ILCS 70/10                  from Ch. 8, par. 710                 
          510 ILCS 70/12                  from Ch. 8, par. 712                 
          510 ILCS 70/16                  from Ch. 8, par. 716                 
          510 ILCS 70/16.1 new                                                 
          510 ILCS 70/16.2 new                                                 
          510 ILCS 70/16.3 new                                                 
          510 ILCS 70/16.4 new                                                 
          705 ILCS 105/27.5               from Ch. 25, par. 27.5               
          705 ILCS 105/27.6                                                    
          705 ILCS 405/5-615                                                   
          705 ILCS 405/5-710                                                   
          705 ILCS 405/5-715                                                   
          720 ILCS 5/21-1                 from Ch. 38, par. 21-1               
          30 ILCS 105/5.545 new                                                
        Deletes everything.  Amends the  Humane  Care  for  Animals  Act.      
   Sets  procedures  for  the  seizure  of an animal by a law enforcement      
   officer.  Requires certain persons to post security for the care of an      
   animal that has been seized  while  the  case  is  being  adjudicated.      
   Provides  for  the  adoption  or  euthanasia  of  seized and forfeited      
   animals. Provides immunity to law enforcement officers, animal control      
   agencies, humane agencies, veterinarians, and  certain  other  persons      
   taking  good  faith actions under the Act.  Allows courts to order the      
   psychological or  psychiatric  examination  and  treatment  of  person      
   convicted of violating the Act.  Allow corporations to be charged with      
   violating  the  Act  for the actions of their employees.  Provides the      
   owner of an abused animal with a right of civil action.  Provides that      
   a person who is convicted of aggravated cruelty to an animal is guilty      
   of a Class 4 felony (rather than a Class A misdemeanor)  for  a  first      
   violation,  and  for  a  second or subsequent violation, the person is      
   guilty of a Class 3 (rather than a Class 4) felony.  Provides  that  a      
   person  who  is  convicted  of  animal  torture is guilty of a Class 3      
   (rather than a Class 4) felony.  Amends  the  Clerks  of  Courts  Act.      
   Provides  for  the  deposit  of  a  portion of the fines collected for      
   certain offenses under the  Humane  Care  for  Animals  Act  into  the      
   Illinois  Animal  Abuse  Fund.  Amends the Juvenile Court Act of 1987.      
   Provides that a juvenile alleged to have knowingly injured a  domestic      
   animal  of  another  person  without  that person's consent or to have      
   committed aggravated cruelty to an animal or animal torture  shall  be      
   required,  as  a  condition  of supervision, probation, or conditional      
   discharge, to undergo medical or psychiatric treatment, rendered by  a      
   psychiatrist   or  psychological  treatment  rendered  by  a  clinical      
   psychologist. Amends the Criminal Code of 1961. Increases the  penalty      
   for  knowingly  injuring  a  domestic animal of another person without      
   that person's consent from a Class A misdemeanor to a Class  4  felony      
   in  cases  where  the damages do not exceed $300. Creates the Illinois      
   Animal Abuse Fund.  Effective January 1, 2002.                              
          FISCAL NOTE, H-AM 1 (Department of Agriculture)                      
          This bill is not expected to impose any additional costs on the      
          Department. The bill creates a new Abused Animal Fund, which         
          moneys can be used by the Department to enforce the Humane Care      
          for Animals Act, particularly with regards to animal hoarding.       
        CONFERENCE COMMITTEE REPORT NO. 1.                                     
        Recommends that the House recede from H-am 1.                          
        Recommends that the bill be further amended as follows:                
          Adds reference to:                                                   
          510 ILS 70/2.01e new                                                 
          510 ILCS 70/2.01f new                                                
          510 ILS 70/2.01g new                                                 
          510 ILCS 70/2.01h new                                                
          510 ILCS 70/3.07 new                                                 
        Deletes everything. Reinserts the provisions of  House  amendment      
   No.  1,  but  limits the immunity from civil or criminal liability for      
   good faith actions under the Section on investigation of complaints to      
   veterinarians (instead of veterinarians, law enforcement officials, or      
   animal control or animal shelter investigators).  Further  amends  the      
   Humane  Care  for  Animals  Act.   Changes  all  references to "humane      
   agency" to "animal shelter".  Adds definitions. Effective  January  1,      
   2002.                                                                       
   FEB-21-2001  S  FIRST READING                                                  
   FEB-21-2001  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   FEB-28-2001  S       ASSIGNED TO COMMITTEE               AGRIC & CON           
   MAR-07-2001  S                                 POSTPONED                       
   MAR-20-2001  S                             AMENDMENT NO. 01-AGRICULTURE   S    
   MAR-20-2001  S                                   ADOPTED                       
   MAR-20-2001  S                             AMENDMENT NO. 02-AGRICULTURE   S    
   MAR-20-2001  S                                   ADOPTED                       
   MAR-20-2001  S                             AMENDMENT NO. 03-AGRICULTURE   S    
   MAR-20-2001  S                                   ADOPTED                       
   MAR-21-2001  S       DO PASS AS AMENDED                  008-000-000   SAGR    
   MAR-21-2001  S  PLACED ON CALENDAR ORDER OF 2ND READING  01-03-22              
   MAR-22-2001  S  SECOND READING                                                 
   MAR-22-2001  S  PLACED ON CALENDAR ORDER OF 3RD READING  01-03-27              
   APR-02-2001  S  FILED WITH SECRETARY                                           
   APR-02-2001  S                             AMENDMENT NO. 04-BOMKE              
   APR-02-2001  S                     AMENDMENT REFERRED TO SRUL                  
   APR-04-2001  S  ADDED AS A CO-SPONSOR                    KLEMM                 
   APR-04-2001  S  FILED WITH SECRETARY                                           
   APR-04-2001  S                             AMENDMENT NO. 05-BOMKE              
   APR-04-2001  S                     AMENDMENT REFERRED TO SRUL                  
   APR-04-2001  S                             AMENDMENT NO. 04-BOMKE              
   APR-04-2001  S                           RULES REFERS TO SAGR                  
   APR-04-2001  S                             AMENDMENT NO. 05-BOMKE              
   APR-04-2001  S                           RULES REFERS TO SAGR                  
   APR-05-2001  S                             AMENDMENT NO. 04-BOMKE              
   APR-05-2001  S                                    TABLED SAGR/BOMKE            
   APR-05-2001  S                             AMENDMENT NO. 05-BOMKE              
   APR-05-2001  S                                BE ADOPTED SAGR/008-000-000      
   APR-05-2001  S  RECALLED TO SECOND READING                                     
   APR-05-2001  S                             AMENDMENT NO. 05-BOMKE              
   APR-05-2001  S                                   ADOPTED                       
   APR-05-2001  S  PLACED ON CALENDAR ORDER OF 3RD READING  01-04-06              
   APR-05-2001  S  THIRD READING - PASSED                   056-000-000           
   APR-05-2001  H  ARRIVE IN HOUSE                                                
   APR-05-2001  H  HOUSE SPONSOR                            DART                  
   APR-05-2001  H  FIRST READING                                                  
   APR-05-2001  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   APR-06-2001  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   MAY-03-2001  H                             AMENDMENT NO. 01-JUD-CRIMINAL  H    
   MAY-03-2001  H                                   ADOPTED 012-000-001           
   MAY-03-2001  H  DO PASS AMENDED/SHORT DEBATE             012-000-001   HJUB    
   MAY-03-2001  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAY-07-2001  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #1     
   MAY-07-2001  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAY-15-2001  H                             AMENDMENT NO. 02-DART               
   MAY-15-2001  H                     AMENDMENT REFERRED TO HRUL                  
   MAY-15-2001  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAY-16-2001  H                             AMENDMENT NO. 03-DART               
   MAY-16-2001  H                     AMENDMENT REFERRED TO HRUL                  
   MAY-16-2001  H  SECOND READING-SHORT DEBATE                                    
   MAY-16-2001  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   MAY-17-2001  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   MAY-17-2001  H  ADDED AS A JOINT SPONSOR                 LYONS,JOSEPH          
   MAY-17-2001  H  TABLED PURSUANT TO RULE 40(a)            HA'S #2 & 3           
   MAY-17-2001  H  THIRD READING/SHORT DEBATE/PASSED        108-006-001           
   MAY-17-2001  H  ADDED AS A JOINT SPONSOR                 MCKEON                
   MAY-17-2001  S  SECRETARYS DESK - CONCURRENCE            01                    
   MAY-18-2001  S  FILED WITH SECRETARY                                           
   MAY-18-2001  S    MOTION NON-CONCUR - HOUSE AMENDMENT NO 01-BOMKE              
   MAY-21-2001  S  ADDED AS A CO-SPONSOR                    MOLARO                
   MAY-21-2001  S  ADDED AS A CO-SPONSOR                    BOWLES                
   MAY-22-2001  S  ADDED AS A CHIEF CO-SPONSOR              CULLERTON             
   MAY-23-2001  S  SEN NON-CONCURS IN HSE AMENDMENTS (NO.)  01                    
   MAY-23-2001  H  ARRIVE IN HOUSE                                                
   MAY-23-2001  H  PLACED CALENDAR ORDER NON-CONCURRENCE    01                    
   MAY-23-2001  H       MOTION REFUSE RECEDE - HSE AMEND NO 01/DART               
   MAY-23-2001  H  CALENDAR ORDER OF NON-CONCURRENCE        01                    
   MAY-30-2001  H  HSE REFUSES TO RECEDE FROM AMENDMENT NO  01                    
   MAY-30-2001  H  HSE REQUESTS CONFERENCE COMMITTEE        1ST                   
   MAY-30-2001  H  HSE CONFERENCE COMMITTEE APPOINTED       1ST/DART,             
   MAY-30-2001  H                                           O'BRIEN, CURRIE,      
   MAY-30-2001  H                                           TENHOUSE AND          
   MAY-30-2001  H                                           RUTHERFORD            
   MAY-30-2001  S  SEN ACCEDE REQUEST CONFERENCE COMMITTEE  1ST                   
   MAY-30-2001  S  SEN CONFERENCE COMMITTEE APPOINTED       1ST/BOMKE,            
   MAY-30-2001  S                                           SIEBEN, WATSON,       
   MAY-30-2001  S                                           O'DANIEL, MOLARO      
   MAY-31-2001  S  FILED WITH SECRETARY                                           
   MAY-31-2001  S               CONFERENCE COMMITTEE REPORT 1ST/BOMKE             
   MAY-31-2001  S   CONFERENCE COMMITTEE REPORT REFERRED TO SRUL                  
   MAY-31-2001  S               CONFERENCE COMMITTEE REPORT 1ST/BOMKE             
   MAY-31-2001  S                           RULES REFERS TO SEXC                  
   MAY-31-2001  H  HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST/DART              
   MAY-31-2001  H   CONFERENCE COMMITTEE REPORT REFERRED TO HRUL                  
   MAY-31-2001  H  RECOMMENDS BE ADOPTED                    HRUL/003-000-000      
   MAY-31-2001  S               CONFERENCE COMMITTEE REPORT 1ST/BOMKE             
   MAY-31-2001  S             BE APPROVED FOR CONSIDERATION SEXC/008-000-000      
   MAY-31-2001  S  SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/BOMKE             
   MAY-31-2001  S  SENATE ADOPTED CONFERENCE REPORT         1ST/057-000-000       
   MAY-31-2001  H  ADDED AS A JOINT SPONSOR                 MATHIAS               
   MAY-31-2001  H  HOUSE ADOPTED CONFERENCE REPORT          1ST/117-000-000       
   MAY-31-2001  S  BOTH HOUSES ADOPTED CONFERENCE REPORT    1ST                   
   MAY-31-2001  S  PASSED BOTH HOUSES                                             
   JUN-29-2001  S  SENT TO THE GOVERNOR                                           
   AUG-21-2001  S  GOVERNOR APPROVED                                              
   AUG-21-2001  S                            EFFECTIVE DATE 02-01-01              
   AUG-21-2001  S  PUBLIC ACT.............................. 92-0454               

   END OF INQUIRY 



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