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Rep. Thomas Holbrook
Filed: 3/1/2011
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| 1 | | AMENDMENT TO HOUSE BILL 840
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| 2 | | AMENDMENT NO. ______. Amend House Bill 840 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Humane Care for Animals Act is amended by |
| 5 | | changing Sections 2, 2.06, and 3.01 and by adding Section 2.11 |
| 6 | | as follows:
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| 7 | | (510 ILCS 70/2) (from Ch. 8, par. 702)
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| 8 | | Sec. 2.
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| 9 | | As used in this Act, unless the context otherwise requires, |
| 10 | | the terms
specified in Sections 2.01 through 2.11 2.07 have the |
| 11 | | meanings ascribed to them
in those Sections.
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| 12 | | (Source: P.A. 78-905.)
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| 13 | | (510 ILCS 70/2.06) (from Ch. 8, par. 702.06)
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| 14 | | Sec. 2.06.
"Owner" means any person who (a) has a right of |
| 15 | | property in an animal,
(b) keeps or harbors an animal, (c) has |
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| 1 | | an animal in his care, or (d) acts
as custodian of an animal. |
| 2 | | "Owner" does not include a feral cat caretaker participating in |
| 3 | | a trap, spay or neuter, and return or release program.
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| 4 | | (Source: P.A. 78-905.)
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| 5 | | (510 ILCS 70/2.11 new) |
| 6 | | Sec. 2.11. Feral cat. "Feral cat" means a cat that (i) is |
| 7 | | born in the wild or is the offspring of an owned or feral cat |
| 8 | | and is not socialized, (ii) is a formerly owned cat that has |
| 9 | | been abandoned and is no longer socialized, or (iii) lives on a |
| 10 | | farm.
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| 11 | | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
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| 12 | | Sec. 3.01. Cruel treatment. No person or owner may beat, |
| 13 | | cruelly treat,
torment, starve, overwork or otherwise abuse any |
| 14 | | animal.
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| 15 | | No owner may abandon any animal where it may become a |
| 16 | | public charge or
may suffer injury, hunger or exposure. It is |
| 17 | | not a violation of this Section to trap, spay or neuter, |
| 18 | | vaccinate, and release or return a feral cat to the feral cat's |
| 19 | | original habitat by a caretaker to reduce the number of stray |
| 20 | | cats.
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| 21 | | A person convicted of violating this Section is guilty of a |
| 22 | | Class A
misdemeanor. A second or subsequent conviction for a |
| 23 | | violation of this Section
is a Class 4 felony. In addition to |
| 24 | | any other penalty provided by law, upon
conviction for |
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| 1 | | violating this Section, the court may order the convicted |
| 2 | | person
to undergo a psychological or psychiatric evaluation and |
| 3 | | to undergo any
treatment at the convicted person's expense that |
| 4 | | the court determines to be
appropriate after due consideration |
| 5 | | of the evidence. If the convicted person
is a juvenile or a |
| 6 | | companion animal hoarder, the court must order the convicted
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| 7 | | person to undergo a psychological or psychiatric evaluation and |
| 8 | | to undergo
treatment that the court determines to be |
| 9 | | appropriate after due consideration
of the evaluation.
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| 10 | | (Source: P.A. 92-650, eff. 7-11-02.)
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| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law.".
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