HB3917 102ND GENERAL ASSEMBLY

LRB102 15225 KMF 20580 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3917

Introduced 2/22/2021, by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:

510 ILCS 70/1.5 new
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 70/3.025 new

Amends the Humane Care for Animals Act. Provides findings from the General Assembly concerning the priority of protecting animals from abuse. Provides for appropriate guidelines for enclosed structures for companion animals. Provides that humane care and treatment of animals includes appropriate exercise. Prohibits placing companion animals in life-threatening situations, when considering their age, health, and species. Provides that no person shall without legal justification knowingly or intentionally commit an act that causes a companion animal to suffer great bodily harm.

A BILL FOR

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 2, 3, 3.01, 3.02 and 3.02-1 and by adding Sections 1.5 and 3.025 as follows:

(510 ILCS 70/1.5 new)

Sec. 1.5. Findings. The General Assembly finds that:

(1) Animals are sentient beings capable of feeling pain, sorrow, and fear as well as pleasure, joy, and contentment.

(2) Animals are a precious resource for the people of the State of Illinois.

(3) As such, the people of the State of Illinois have an obligation to protect animals from unnecessary pain and suffering.

(4) There is a direct correlation between the abuse of animals and violence against human beings.

(5) Therefore, the protection of animals from mental and physical abuse, sexual abuse, exploitation, and neglect is at the core of the duties and fundamental responsibilities of the General Assembly.

(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 and, for companion animals, by means of an enclosed structure with appropriate ventilation, sufficient to protect the companion animal from all weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health being free from disease or illness and in a condition of proper body weight and temperature for the age and species of the animal; the shelter shall provide adequate bedding to protect against cold and dampness and that is maintained to protect the domestic animal as to not jeopardize the animal's health; crates shall be of sufficient size to allow the animal to fully stretch its body out and move around;

(3) veterinary care so as to maintain the animal in a state of good health being free from disease or illness and in a condition of proper body weight and temperature for the age and species of the animal and when needed to prevent suffering; and

(4) humane care and treatment, including appropriate exercise.

(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 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 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.

(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.

(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 shall may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal.

(b) No owner shall may abandon any animal where it may become a public charge or may experience pain and suffering from suffer injury, hunger or exposure.

(c) No owner of a dog or cat that is a companion animal shall may expose the dog or cat in a manner that places the dog or cat in a life-threatening situation based on the animal's age, health, or species, for a prolonged period of time in extreme heat or cold conditions that:

(1) may result results in injury to or death of the animal; or

(2) may result 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 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; 100-740, eff. 1-1-19.)

(510 ILCS 70/3.02)

Sec. 3.02. Aggravated cruelty.

(a) No person shall without legal justification knowingly or may intentionally commit an act that causes a companion animal to suffer great bodily harm 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) (Blank). No individual, except a licensed veterinarian as 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.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 70/3.025 new)

Sec. 3.025. Unlawful theriocide of a companion animal.

(a) No person shall without legal justification knowingly or intentionally commit an act that causes the death of a companion animal. Unlawful theriocide 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 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 this Section is guilty of a Class 3 felony. A second or subsequent violation is a Class 2 felony. In addition to any other penalty provided by law, upon conviction for violating this Section, the court shall 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 shall 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.