Bill Amendment: IL HB4380 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DOG OR CAT-EXTREME WEATHER

Status: 2019-01-08 - Session Sine Die [HB4380 Detail]

Download: Illinois-2017-HB4380-House_Amendment_004.html

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Rep. Allen Skillicorn

Filed: 4/26/2018

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AMENDMENT TO HOUSE BILL 4380
AMENDMENT NO. ______. Amend House Bill 4380, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Humane Care for Animals Act is amended by
changing Section 3.01 as follows:
(510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
Sec. 3.01. Cruel treatment.
(a) No person or owner may beat, cruelly treat, torment,
starve, overwork or otherwise abuse any animal.
(b) No owner may abandon any animal where it may become a
public charge or may suffer injury, hunger or exposure.
(c) No owner of a dog or cat that is a companion animal may
expose the dog or cat in a manner that places the dog or cat in
a life-threatening situation for a prolonged period of time in
extreme heat or cold conditions that:

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(1) results in injury to or death of the animal; or
(2) results in hypothermia, hyperthermia, frostbite,
or similar condition as diagnosed by a doctor of veterinary
medicine.
(c-5) Nothing in this Section shall prohibit an animal from
being impounded in an emergency situation under subsection (b)
of Section 12 of this Act.
(c-10) Nothing in this Section shall prohibit a law
enforcement officer from taking temporary custody of a dog or
cat that is a companion animal that is exposed in a manner that
places the dog or cat in a life-threatening situation for a
prolonged period of time in extreme heat or cold conditions
that may result in injury or death of the animal or may result
in hypothermia, hyperthermia, frostbite, or similar condition.
Upon taking temporary custody of an animal under this
subsection (c-10), the law enforcement officer shall attempt to
contact the owner of the animal and shall seek emergency
veterinary care for the animal. The owner of the animal is
responsible for any costs of providing care to the animal.
(d) A person convicted of violating this Section is guilty
of a Class A misdemeanor. A second or subsequent conviction for
a violation of this Section is a Class 4 felony. In addition to
any other penalty provided by law, a person who is convicted of
violating subsection (a) upon a companion animal in the
presence of a child, as defined in Section 12-0.1 of the
Criminal Code of 2012, shall be subject to a fine of $250 and

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ordered to perform community service for not less than 100
hours. In addition to any other penalty provided by law, upon
conviction for violating this Section, the court may order the
convicted person to undergo a psychological or psychiatric
evaluation and to undergo any treatment at the convicted
person's expense that the court determines to be appropriate
after due consideration of the evidence. If the convicted
person is a juvenile or a companion animal hoarder, the court
must order the convicted person to undergo a psychological or
psychiatric evaluation and to undergo treatment that the court
determines to be appropriate after due consideration of the
evaluation.
(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642,
eff. 7-28-16; 99-782, eff. 8-12-16.)".