Bill Text: IL SB1510 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Humane Care for Animals Act. Provides that a person who commits specified offenses against more than one animal may be charged with a separate offense for each animal that was treated in a manner violating the Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1510 Detail]

Download: Illinois-2017-SB1510-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1510 Introduced 2/9/2017, by Sen. Linda Holmes 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 70/6 from Ch. 8, par. 706
510 ILCS 70/7 from Ch. 8, par. 707
510 ILCS 70/7.1 from Ch. 8, par. 707.1
Amends the Humane Care for Animals Act. Provides that a person who commits specified offenses against more than one animal may be charged with a separate offense for each animal that was treated in a manner violating the Act. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Humane Care for Animals Act is amended by
changing Sections 3, 3.01, 3.02, 3.03, 6, 7, and 7.1 as
follows:
(510 ILCS 70/3) (from Ch. 8, par. 703)
Sec. 3. Owner's duties.
(a) Each owner shall provide for each of his or her
animals:
(1) a sufficient quantity of good quality, wholesome
food and water;
(2) adequate shelter and protection from the weather;
(3) veterinary care when needed to prevent suffering;
and
(4) humane care and treatment.
(b) To lawfully tether a dog outdoors, an owner must ensure
that the dog:
(1) does not suffer from a condition that is known, by
that person, to be exacerbated by tethering;
(2) is tethered in a manner that will prevent it from
becoming entangled with other tethered dogs;
(3) is not tethered with a lead that (i) exceeds

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one-eighth of the dog's body weight or (ii) is a tow chain
or a log chain;
(4) is tethered with a lead that measures, when rounded
to the nearest whole foot, at least 10 feet in length;
(5) is tethered with a properly fitting harness or
collar other than the lead or a pinch, prong, or choke-type
collar; and
(6) is not tethered in a manner that will allow it to
reach within the property of another person, a public
walkway, or a road.
(c) Subsection (b) of this Section shall not be construed
to prohibit:
(1) a person from walking a dog with a hand-held leash;
(2) conduct that is directly related to the cultivating
of agricultural products, including shepherding or herding
cattle or livestock, if the restraint is reasonably
necessary for the safety of the dog;
(3) the tethering of a dog while at an organized and
lawful animal function, such as hunting, obedience
training, performance and conformance events, or law
enforcement training, or while in the pursuit of working or
competing in those endeavors; or
(4) a dog restrained in compliance with the
requirements of a camping or recreational area as defined
by a federal, State, or local authority or jurisdiction.
(d) A person convicted of violating subsection (a) of this

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Section is guilty of a Class B misdemeanor. A second or
subsequent violation of subsection (a) of this Section is a
Class 4 felony with every day that a violation continues
constituting a separate offense. In addition to any other
penalty provided by law, upon conviction for violating
subsection (a) of 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 evaluation. 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.
(e) A person convicted of violating subsection (b) of this
Section is guilty of a Class B misdemeanor. A person who
commits a violation of this Section against more than one
animal may be charged with a separate offense for each animal
that was treated in a manner violating this Section.
(f) As used in this Section, "tether" means to restrain by
tying to an object or structure, including, without limitation,
a house, tree, fence, post, garage, shed, or clothes line at a
person's residence or business, by any means, including,
without limitation, a chain, rope, cord, leash, or running
line.

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(Source: P.A. 98-101, eff. 1-1-14.)
(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:
(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.
(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. A person who commits a violation of this Section
against more than one animal may be charged with a separate
offense for each animal that was treated in a manner violating
this Section.
(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.)
(510 ILCS 70/3.02)
Sec. 3.02. Aggravated cruelty.
(a) No person may intentionally commit an act that causes a
companion animal to suffer serious injury or death. Aggravated
cruelty does not include euthanasia of a companion animal
through recognized methods approved by the Department of
Agriculture unless prohibited under subsection (b).
(b) No individual, except a licensed veterinarian as

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exempted under Section 3.09, may knowingly or intentionally
euthanize or authorize the euthanasia of a companion animal by
use of carbon monoxide.
(c) A person convicted of violating Section 3.02 is guilty
of a Class 4 felony. A second or subsequent violation is a
Class 3 felony. 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 evaluation. 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. A person who commits a
violation of this Section against more than one animal may be
charged with a separate offense for each animal that was
treated in a manner violating this Section.
(Source: P.A. 96-780, eff. 8-28-09.)
(510 ILCS 70/3.03)
Sec. 3.03. Animal torture.
(a) A person commits animal torture when that person
without legal justification knowingly or intentionally
tortures an animal. For purposes of this Section, and subject

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to subsection (b), "torture" means infliction of or subjection
to extreme physical pain, motivated by an intent to increase or
prolong the pain, suffering, or agony of the animal.
(b) For the purposes of this Section, "animal torture" does
not include any death, harm, or injury caused to any animal by
any of the following activities:
(1) any hunting, fishing, trapping, or other activity
allowed under the Wildlife Code, the Wildlife Habitat
Management Areas Act, or the Fish and Aquatic Life Code;
(2) any alteration or destruction of any animal done by
any person or unit of government pursuant to statute,
ordinance, court order, or the direction of a licensed
veterinarian;
(3) any alteration or destruction of any animal by any
person for any legitimate purpose, including, but not
limited to: castration, culling, declawing, defanging, ear
cropping, euthanasia, gelding, grooming, neutering,
polling, shearing, shoeing, slaughtering, spaying, tail
docking, and vivisection; and
(4) any other activity that may be lawfully done to an
animal.
(c) A person convicted of violating this Section is guilty
of a Class 3 felony. As a condition of the sentence imposed
under this Section, the court shall order the offender to
undergo a psychological or psychiatric evaluation and to
undergo treatment that the court determines to be appropriate

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after due consideration of the evaluation. A person who commits
a violation of this Section against more than one animal may be
charged with a separate offense for each animal that was
treated in a manner violating this Section.
(Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)
(510 ILCS 70/6) (from Ch. 8, par. 706)
Sec. 6. Poisoning prohibited. No person may knowingly
poison or cause to be poisoned any dog or other domestic
animal. The only exception will be by written permit from the
Department for the purpose of controlling diseases
transmissible to humans or other animals and only when all
other methods and means have been exhausted. Such a written
permit shall name the person or persons conducting the
poisoning, specify the products to be used, give the boundaries
of the area involved, and specify the precautionary measures to
be employed to insure the safety of humans and other animals.
This Section does not prohibit the use of a euthanasia drug
by a euthanasia agency for the purpose of animal euthanasia,
provided that the euthanasia drug is used by or under the
direction of a licensed veterinarian or certified euthanasia
technician, all as defined in and subject to the Humane
Euthanasia in Animal Shelters Act.
A person convicted of violating this Section or any rule,
regulation, or order of the Department pursuant thereto is
guilty of a Class A misdemeanor. A second or subsequent

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violation is a Class 4 felony. A person who commits a violation
of this Section against more than one animal may be charged
with a separate offense for each animal that was treated in a
manner violating this Section.
(Source: P.A. 92-650, eff. 7-11-02.)
(510 ILCS 70/7) (from Ch. 8, par. 707)
Sec. 7. Confinement or detention during transportation. No
owner, railroad or other common carrier may, when transporting
any animal, allow that animal to be confined in any type of
conveyance more than 28 consecutive hours without being
exercised as necessary for that particular type of animal and
without being properly rested, fed and watered; except that a
reasonable extension of this time limit shall be granted when a
storm or accident causes a delay. In the case of default of the
owner or consignee, the company transporting the animal shall
exercise the animal, when necessary for the particular type of
animal and for the proper resting, feeding, watering and
sheltering of such animal, and shall have a lien upon the
animal until all expenses resulting therefrom have been paid.
Any person who intentionally or negligently without
jurisdiction of law detains a shipment of livestock long enough
to endanger the health or safety of the livestock is liable to
the owner for any diminution in the value or death of the
livestock.
Authorities detaining a livestock shipment shall give

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priority to the health and safety of the animals and shall
expeditiously handle any legal violation so that the intact
shipment may safely reach its designated destination.
A person convicted of violating this Section or any rule,
regulation, or order of the Department pursuant thereto, is
guilty of a Class B misdemeanor. A second or subsequent
violation is a Class 4 felony, with every day that a violation
continues constituting a separate offense. A person who commits
a violation of this Section against more than one animal may be
charged with a separate offense for each animal that was
treated in a manner violating this Section.
(Source: P.A. 92-650, eff. 7-11-02.)
(510 ILCS 70/7.1) (from Ch. 8, par. 707.1)
Sec. 7.1. Confinement in motor vehicle. No owner or person
shall confine any animal in a motor vehicle in such a manner
that places it in a life or health threatening situation by
exposure to a prolonged period of extreme heat or cold, without
proper ventilation or other protection from such heat or cold.
In order to protect the health and safety of an animal, an
animal control officer, law enforcement officer, or Department
investigator who has probable cause to believe that this
Section is being violated shall have authority to enter such
motor vehicle by any reasonable means under the circumstances
after making a reasonable effort to locate the owner or other
person responsible.

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A person convicted of violating this Section is guilty of a
Class C misdemeanor. A second or subsequent violation is a
Class B misdemeanor. A person who commits a violation of this
Section against more than one animal may be charged with a
separate offense for each animal that was treated in a manner
violating this Section.
(Source: P.A. 92-650, eff. 7-11-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.