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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2234 Introduced 1/13/2016, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
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| 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 |
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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 | |
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| 1 | | AN ACT concerning animals.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Humane Care for Animals Act is amended by |
| 5 | | changing Sections 3, 3.01, 3.02, 3.03, 6, 7, and 7.1 as |
| 6 | | follows:
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| 7 | | (510 ILCS 70/3) (from Ch. 8, par. 703)
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| 8 | | Sec. 3. Owner's duties. |
| 9 | | (a) Each owner shall provide for each of his or her |
| 10 | | animals:
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| 11 | | (1) a sufficient quantity of good quality, wholesome |
| 12 | | food and water;
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| 13 | | (2) adequate shelter and protection from the weather;
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| 14 | | (3) veterinary care when needed to prevent suffering; |
| 15 | | and
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| 16 | | (4) humane care and treatment.
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| 17 | | (b) To lawfully tether a dog outdoors, an owner must ensure |
| 18 | | that the dog: |
| 19 | | (1) does not suffer from a condition that is known, by |
| 20 | | that person, to be exacerbated by tethering; |
| 21 | | (2) is tethered in a manner that will prevent it from |
| 22 | | becoming entangled with other tethered dogs; |
| 23 | | (3) is not tethered with a lead that (i) exceeds |
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| 1 | | one-eighth of the dog's body weight or (ii) is a tow chain |
| 2 | | or a log chain; |
| 3 | | (4) is tethered with a lead that measures, when rounded |
| 4 | | to the nearest whole foot, at least 10 feet in length; |
| 5 | | (5) is tethered with a properly fitting harness or |
| 6 | | collar other than the lead or a pinch, prong, or choke-type |
| 7 | | collar; and |
| 8 | | (6) is not tethered in a manner that will allow it to |
| 9 | | reach within the property of another person, a public |
| 10 | | walkway, or a road. |
| 11 | | (c) Subsection (b) of this Section shall not be construed |
| 12 | | to prohibit: |
| 13 | | (1) a person from walking a dog with a hand-held leash; |
| 14 | | (2) conduct that is directly related to the cultivating |
| 15 | | of agricultural products, including shepherding or herding |
| 16 | | cattle or livestock, if the restraint is reasonably |
| 17 | | necessary for the safety of the dog; |
| 18 | | (3) the tethering of a dog while at an organized and |
| 19 | | lawful animal function, such as hunting, obedience |
| 20 | | training, performance and conformance events, or law |
| 21 | | enforcement training, or while in the pursuit of working or |
| 22 | | competing in those endeavors; or |
| 23 | | (4) a dog restrained in compliance with the |
| 24 | | requirements of
a camping or recreational area as defined |
| 25 | | by a federal, State, or
local authority or jurisdiction. |
| 26 | | (d) A person convicted of violating subsection (a) of this |
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| 1 | | Section is guilty of a Class B
misdemeanor. A second or |
| 2 | | subsequent violation of subsection (a) of this Section is a |
| 3 | | Class 4 felony with every
day that a violation continues |
| 4 | | constituting a separate offense. In addition to
any other |
| 5 | | penalty provided by law, upon conviction for violating |
| 6 | | subsection (a) of this Section,
the court may order the |
| 7 | | convicted person to undergo a psychological or
psychiatric |
| 8 | | evaluation and to undergo any treatment at the convicted |
| 9 | | person's
expense that the court determines to be appropriate |
| 10 | | after due consideration of
the evaluation. If the convicted |
| 11 | | person is a juvenile or a companion animal
hoarder, the court |
| 12 | | must order the convicted person to undergo a psychological
or |
| 13 | | psychiatric evaluation and to undergo treatment that the court |
| 14 | | determines to
be appropriate after due consideration of the |
| 15 | | evaluation.
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| 16 | | (e) A person convicted of violating subsection (b) of this |
| 17 | | Section is guilty of a Class B misdemeanor. A person who |
| 18 | | commits a violation of this Section against more than one |
| 19 | | animal may be charged with a separate offense for each animal |
| 20 | | that was treated in a manner violating this Section. |
| 21 | | (f) As used in this Section, "tether" means to restrain by |
| 22 | | tying to an object or structure, including, without limitation, |
| 23 | | a house, tree, fence, post, garage, shed, or clothes line at a |
| 24 | | person's residence or business, by any means, including, |
| 25 | | without limitation, a chain, rope, cord, leash, or running |
| 26 | | line. |
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| 1 | | (Source: P.A. 98-101, eff. 1-1-14.)
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| 2 | | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
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| 3 | | Sec. 3.01. Cruel treatment. |
| 4 | | (a) No person or owner may beat, cruelly treat,
torment, |
| 5 | | starve, overwork or otherwise abuse any animal.
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| 6 | | (b) No owner may abandon any animal where it may become a |
| 7 | | public charge or
may suffer injury, hunger or exposure.
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| 8 | | (c) No owner of a dog or cat that is a companion animal may |
| 9 | | expose the dog or cat in a manner that places the dog or cat in |
| 10 | | a life-threatening situation for a prolonged period of time in |
| 11 | | extreme heat or cold conditions that results in injury to or |
| 12 | | death of the animal. |
| 13 | | (d) (c) A person convicted of violating this Section is |
| 14 | | guilty of a Class A
misdemeanor. A second or subsequent |
| 15 | | conviction for a violation of this Section
is a Class 4 felony. |
| 16 | | In addition to any other penalty provided by law, a person who |
| 17 | | is convicted of violating subsection (a) upon a companion |
| 18 | | animal in the presence of a child, as defined in Section 12-0.1 |
| 19 | | of the Criminal Code of 2012, shall be subject to a fine of |
| 20 | | $250 and ordered to perform community service for not less than |
| 21 | | 100 hours. In addition to any other penalty provided by law, |
| 22 | | upon
conviction for violating this Section, the court may order |
| 23 | | the convicted person
to undergo a psychological or psychiatric |
| 24 | | evaluation and to undergo any
treatment at the convicted |
| 25 | | person's expense that the court determines to be
appropriate |
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| 1 | | after due consideration of the evidence. If the convicted |
| 2 | | person
is a juvenile or a companion animal hoarder, the court |
| 3 | | must order the convicted
person to undergo a psychological or |
| 4 | | psychiatric evaluation and to undergo
treatment that the court |
| 5 | | determines to be appropriate after due consideration
of the |
| 6 | | evaluation. A person who commits a violation of this Section |
| 7 | | against more than one animal may be charged with a separate |
| 8 | | offense for each animal that was treated in a manner violating |
| 9 | | this Section.
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| 10 | | (Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; revised |
| 11 | | 10-20-15.)
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| 12 | | (510 ILCS 70/3.02)
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| 13 | | Sec. 3.02. Aggravated cruelty. |
| 14 | | (a) No person may intentionally
commit an act that causes a |
| 15 | | companion animal to suffer serious injury or
death. Aggravated |
| 16 | | cruelty does not include euthanasia of a companion animal
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| 17 | | through recognized methods approved by the Department of |
| 18 | | Agriculture unless prohibited under subsection (b).
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| 19 | | (b) No individual, except a licensed veterinarian as |
| 20 | | exempted under Section 3.09, may knowingly or intentionally |
| 21 | | euthanize or authorize the euthanasia of a companion animal by |
| 22 | | use of carbon monoxide. |
| 23 | | (c) A person convicted of violating Section 3.02 is guilty |
| 24 | | of a Class 4
felony. A second or subsequent violation is a |
| 25 | | Class 3 felony. In addition to
any other penalty provided by |
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| 1 | | law, upon conviction for violating this Section,
the court may |
| 2 | | order the convicted person to undergo a psychological or
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| 3 | | psychiatric evaluation and to undergo any treatment at the |
| 4 | | convicted person's
expense that the court determines to be |
| 5 | | appropriate after due consideration of
the evaluation. If the |
| 6 | | convicted person is a juvenile or a companion animal
hoarder, |
| 7 | | the court must order the convicted person to undergo a |
| 8 | | psychological
or psychiatric evaluation and to undergo |
| 9 | | treatment that the court determines to
be appropriate after due |
| 10 | | consideration of the evaluation. A person who commits a |
| 11 | | violation of this Section against more than one animal may be |
| 12 | | charged with a separate offense for each animal that was |
| 13 | | treated in a manner violating this Section.
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| 14 | | (Source: P.A. 96-780, eff. 8-28-09.)
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| 15 | | (510 ILCS 70/3.03)
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| 16 | | Sec. 3.03. Animal torture.
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| 17 | | (a) A person commits animal torture when that person |
| 18 | | without legal
justification knowingly or intentionally |
| 19 | | tortures an animal. For purposes of
this Section, and subject |
| 20 | | to subsection (b), "torture" means infliction of or
subjection |
| 21 | | to extreme physical pain, motivated by an intent to increase or
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| 22 | | prolong the pain, suffering, or agony of the animal.
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| 23 | | (b) For the purposes of this Section, "animal torture" does |
| 24 | | not include
any death, harm, or injury caused to any animal by |
| 25 | | any of the following
activities:
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| 1 | | (1) any hunting, fishing, trapping, or other activity |
| 2 | | allowed under the
Wildlife Code, the Wildlife Habitat |
| 3 | | Management Areas Act, or the Fish and
Aquatic Life Code;
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| 4 | | (2) any alteration or destruction of any animal done by |
| 5 | | any person or unit
of government pursuant to statute, |
| 6 | | ordinance, court order, or the direction of
a licensed |
| 7 | | veterinarian;
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| 8 | | (3) any alteration or destruction of any animal by any |
| 9 | | person for any
legitimate purpose, including, but not |
| 10 | | limited to: castration, culling,
declawing, defanging, ear |
| 11 | | cropping, euthanasia, gelding, grooming, neutering,
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| 12 | | polling, shearing, shoeing, slaughtering, spaying, tail |
| 13 | | docking, and
vivisection; and
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| 14 | | (4) any other activity that may be lawfully done to an |
| 15 | | animal.
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| 16 | | (c) A person convicted of violating this Section is guilty |
| 17 | | of a Class 3
felony. As a condition of the sentence imposed |
| 18 | | under this Section, the court
shall order the offender to |
| 19 | | undergo a psychological or psychiatric evaluation
and to |
| 20 | | undergo treatment that the court determines to be appropriate |
| 21 | | after due
consideration of the evaluation. A person who commits |
| 22 | | a violation of this Section against more than one animal may be |
| 23 | | charged with a separate offense for each animal that was |
| 24 | | treated in a manner violating this Section.
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| 25 | | (Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)
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| 1 | | (510 ILCS 70/6) (from Ch. 8, par. 706)
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| 2 | | Sec. 6. Poisoning prohibited. No person may knowingly |
| 3 | | poison or cause
to be poisoned any dog or other domestic |
| 4 | | animal. The only exception will be
by written permit from the |
| 5 | | Department for the purpose of controlling diseases
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| 6 | | transmissible to humans or other animals and only when all |
| 7 | | other methods and
means have been exhausted. Such a written |
| 8 | | permit shall name the person or
persons conducting the |
| 9 | | poisoning, specify the products to be used, give the
boundaries |
| 10 | | of the area involved, and specify the precautionary measures to |
| 11 | | be
employed to insure the safety of humans and other animals.
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| 12 | | This Section does not prohibit the use of a euthanasia drug |
| 13 | | by a
euthanasia agency for the purpose of animal euthanasia, |
| 14 | | provided that the
euthanasia drug is used by or under the |
| 15 | | direction of a licensed veterinarian
or certified euthanasia |
| 16 | | technician, all as defined in and subject to the
Humane |
| 17 | | Euthanasia in Animal Shelters Act.
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| 18 | | A person convicted of violating this Section or any rule, |
| 19 | | regulation, or
order of the Department pursuant thereto is |
| 20 | | guilty of a Class A misdemeanor.
A second or subsequent |
| 21 | | violation is a Class 4 felony. A person who commits a violation |
| 22 | | of this Section against more than one animal may be charged |
| 23 | | with a separate offense for each animal that was treated in a |
| 24 | | manner violating this Section.
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| 25 | | (Source: P.A. 92-650, eff. 7-11-02.)
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| 1 | | (510 ILCS 70/7) (from Ch. 8, par. 707)
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| 2 | | Sec. 7. Confinement or detention during transportation.
No |
| 3 | | owner, railroad or other common carrier may,
when transporting |
| 4 | | any animal, allow that animal to be confined in any type of
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| 5 | | conveyance more than 28 consecutive hours without being |
| 6 | | exercised as necessary
for that particular type of animal and |
| 7 | | without being properly rested, fed and
watered; except that a |
| 8 | | reasonable extension of this time limit shall be granted
when a |
| 9 | | storm or accident causes a delay. In the case of default of the |
| 10 | | owner
or consignee, the company transporting the animal shall |
| 11 | | exercise the animal,
when necessary for the particular type of |
| 12 | | animal and for the proper resting,
feeding, watering and |
| 13 | | sheltering of such animal, and shall have a lien upon the
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| 14 | | animal until all expenses resulting therefrom have been paid.
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| 15 | | Any person who intentionally or negligently without |
| 16 | | jurisdiction of law
detains a shipment of livestock long enough |
| 17 | | to endanger the health or safety of
the livestock is liable to |
| 18 | | the owner for any diminution in the value or death
of the |
| 19 | | livestock.
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| 20 | | Authorities detaining a livestock shipment shall give |
| 21 | | priority to the
health and safety of the animals and shall |
| 22 | | expeditiously handle any legal
violation so that the intact |
| 23 | | shipment may safely reach its designated
destination.
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| 24 | | A person convicted of violating this Section or any rule, |
| 25 | | regulation, or
order of the Department pursuant thereto, is |
| 26 | | guilty of a Class B misdemeanor.
A second or subsequent |
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| 1 | | violation is a Class 4 felony, with every day that a
violation |
| 2 | | continues constituting a separate offense. A person who commits |
| 3 | | a violation of this Section against more than one animal may be |
| 4 | | charged with a separate offense for each animal that was |
| 5 | | treated in a manner violating this Section.
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| 6 | | (Source: P.A. 92-650, eff. 7-11-02.)
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| 7 | | (510 ILCS 70/7.1) (from Ch. 8, par. 707.1)
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| 8 | | Sec. 7.1. Confinement in motor vehicle.
No owner or person |
| 9 | | shall confine any animal in a motor vehicle
in such a manner |
| 10 | | that places it in a life or health threatening
situation by |
| 11 | | exposure to a prolonged period of extreme heat or cold, without
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| 12 | | proper ventilation or other protection from such heat or cold. |
| 13 | | In order to
protect the health and safety of an animal, an |
| 14 | | animal control officer, law
enforcement officer, or Department |
| 15 | | investigator who has probable cause to
believe that this |
| 16 | | Section is being violated shall have authority to enter such
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| 17 | | motor vehicle by any reasonable means under the circumstances |
| 18 | | after making a
reasonable effort to locate the owner or other |
| 19 | | person responsible.
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| 20 | | A person convicted of violating this Section is guilty of a |
| 21 | | Class C
misdemeanor. A second or subsequent violation is a |
| 22 | | Class B misdemeanor. A person who commits a violation of this |
| 23 | | Section against more than one animal may be charged with a |
| 24 | | separate offense for each animal that was treated in a manner |
| 25 | | violating this Section.
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