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| Public Act 100-0740 | ||||
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Humane Care for Animals Act is amended by | ||||
changing Section 3.01 as follows:
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(510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
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Sec. 3.01. Cruel treatment. | ||||
(a) No person or owner may beat, cruelly treat,
torment, | ||||
starve, overwork or otherwise abuse any animal.
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(b) No owner may abandon any animal where it may become a | ||||
public charge or
may suffer injury, hunger or exposure.
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(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. | ||||
(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 dog or cat or may | ||
result in hypothermia, hyperthermia, frostbite, or similar | ||
condition. Upon taking temporary custody of the dog or cat | ||
under this subsection (c-10), the law enforcement officer shall | ||
attempt to contact the owner of the dog or cat and shall seek | ||
emergency veterinary care for the animal as soon as available. | ||
The law enforcement officer shall leave information of the | ||
location of the dog or cat if the owner cannot be reached. The | ||
owner of the dog or cat is responsible for any costs of | ||
providing care to the dog or cat. | ||
(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 | ||
ordered to perform community service for not less than 100 | ||
hours. In addition to any other penalty provided by law, upon
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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.
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(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.)
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