HB5301 95TH GENERAL ASSEMBLY

LRB095 15985 RCE 41997 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5301

Introduced , by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

510 ILCS 70/3.02
510 ILCS 70/16.2
510 ILCS 70/16.3

Amends the Humane Care for Animals Act. Provides that it is aggravated cruelty for a person to knowingly, recklessly, or negligently commit an act that causes more than 50 companion animals to suffer serious injury or death. Provides for criminal and civil penalties and for corporate liability.

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 Sections 3.02, 16.2, and 16.3 as follows:

(510 ILCS 70/3.02)

Sec. 3.02. Aggravated cruelty. No person may intentionally commit an act that causes a companion animal to suffer serious injury or death. No person may knowingly, recklessly, or negligently commit an act that causes more than 50 companion animals to suffer serious injury or death. Aggravated cruelty does not include euthanasia of a companion animal through recognized methods approved by the Department of Agriculture.

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. 92-650, eff. 7-11-02.)

(510 ILCS 70/16.2)

Sec. 16.2. Corporations. Corporations may be charged with violations of this Act, and are subject to civil actions under Section 16.3, for the acts of their employees or agents who violate this Act in the course of their employment or agency.

(Source: P.A. 92-454, eff. 1-1-02.)

(510 ILCS 70/16.3)

Sec. 16.3. Civil actions. Any person who has a right of ownership in an animal that is subjected to an act of aggravated cruelty under Section 3.02 or torture under Section 3.03 in violation of this Act or in an animal that is injured or killed as a result of actions taken by a person who acts in bad faith under subsection (b) of Section 3.06 or under Section 12 of this Act may bring a civil action to recover the damages sustained by that owner, including without limitation an action against a corporation subject to liability under Section 16.2. Damages may include, but are not limited to, the monetary value of the animal, veterinary expenses incurred on behalf of the animal, any other expenses incurred by the owner in rectifying the effects of the cruelty, pain, and suffering of the animal, and emotional distress suffered by the owner. In addition to damages that may be proven, the owner is also entitled to punitive or exemplary damages of not less than $500 but not more than $25,000 for each act of abuse or neglect to which the animal was subjected. In addition, the court must award reasonable attorney's fees and costs actually incurred by the owner in the prosecution of any action under this Section.

The remedies provided in this Section are in addition to any other remedies allowed by law.

In an action under this Section, the court may enter any injunctive orders reasonably necessary to protect animals from any further acts of abuse, neglect, or harassment by a defendant.

The statute of limitations for cruelty to animals is 2 years.

(Source: P.A. 92-454, eff. 1-1-02.)