97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0065
 
Introduced 1/27/2011, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 

 



510 ILCS 70/3.01  from Ch. 8, par. 703.01

     Amends the Humane Care for Animals Act. Provides that it is not a violation under the cruel treatment provision of the Humane Care for Animals Act for caretakers or rescue groups to trap, neuter or spay, vaccinate, and release a companion animal back to the animal's original habitat for the sole purpose of preventing future litters.
  


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A BILL FOR
 

  
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1    AN ACT concerning animals.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Humane Care for Animals Act is amended  by 
5changing Section 3.01 as follows:
 



6    (510 ILCS 70/3.01)  (from Ch. 8, par. 703.01)



7    Sec. 3.01. Cruel treatment. 
8    (a) No person or owner may beat, cruelly treat,
torment, 
9starve, overwork or otherwise abuse any animal.

10    No owner may abandon any animal where it may become a 
11public charge or
may suffer injury, hunger or exposure.

12    A person convicted of violating this Section is guilty of a 
13Class A
misdemeanor.  A second or subsequent conviction for a 
14violation of this Section
is a Class 4 felony.  In addition to 
15any other penalty provided by law, upon
conviction for 
16violating this Section, the court may order the convicted 
17person
to undergo a psychological or psychiatric evaluation and 
18to undergo any
treatment at the convicted person's expense that 
19the court determines to be
appropriate after due consideration 
20of the evidence.  If the convicted person
is a juvenile or a 
21companion animal hoarder, the court must order the convicted

22person to undergo a psychological or psychiatric evaluation and 
23to undergo
treatment that the court determines to be 
 
 
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1appropriate after due consideration
of the evaluation.

2    (b) It is not a violation of this Section to  trap, neuter 
3or spay, vaccinate, and release or return a companion animal to 
4the animal's original habitat by a caretaker or rescue group 
5for the sole purpose of preventing future litters. 
6(Source: P.A. 92-650, eff. 7-11-02.)