SB1499 94TH GENERAL ASSEMBLY

LRB094 10809 MKM 41290 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1499

Introduced 2/23/2005, by Sen. John O. Jones

SYNOPSIS AS INTRODUCED:

510 ILCS 70/3.03
510 ILCS 70/3.03-2 new

Amends the Humane Care for Animals Act. Prohibits the docking of the tail of any member of the bovine species. Provides that "dock" means to remove any part of the animal's tail for any reason other than to amputate part of the tail due to an incurable injury or illness to the tail that threatens the animal's well-being, but does not include trimming the hair at the end of the tail. Provides that bovine tail docking is punishable in the same manner as animal torture.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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 Section 3.03 and by adding Section 3.03-2 as follows:

(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 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 (except bovine tail docking as provided under Section 3.03-2), 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 after due consideration of the evaluation.

(Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)

(510 ILCS 70/3.03-2 new)

Sec. 3.03-2. Bovine tail docking. Notwithstanding any provision of law to the contrary, no person shall dock the tail of any member of the bovine species or hire any person to perform such an operation. For purposes of this Section, "dock" means to remove any part of the animal's tail for any reason other than to amputate part of the tail due to an incurable injury or illness to the tail that threatens the animal's well-being, but does not include trimming the hair at the end of the tail. Any person who violates this Section shall be considered to have committed animal torture and shall be subject to the sanctions provided for animal torture under Section 3.03.