96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4977


 
Introduced 1/21/2010, by Rep. Thomas Holbrook
 
SYNOPSIS AS INTRODUCED:
 		





 








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








     Amends the Humane Care for Animals Act. Provides that any person who, while lawfully on a vacated property, notices a companion animal housed on that  property must notify either the county animal control or the local police department. Makes a violation of this provision a Class B misdemeanor. Authorizes  animal control officers and law enforcement officers who are responding to such a notification  to enter the vacated property by any reasonable means under the circumstances to remove and render aid to the abandoned animal. Effective immediately.
  















LRB096 16768 JDS 32068 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB4977

LRB096 16768 JDS 32068 b





  
1
    AN ACT concerning animals.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Humane Care for Animals Act is amended  by 
5
changing 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, 
9
starve, overwork or otherwise abuse any animal.

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

12
    (c) Any person who, while lawfully on a property that he or 
13
she knows has been vacated due to the termination of a lease or 
14
rental agreement, foreclosure, or some other cause, notices a 
15
companion animal housed on the property shall notify either the 
16
county animal control or the local police department. A person 
17
shall not be civilly or criminally liable for notifying the 
18
animal control entity or law enforcement agency. An animal 
19
control officer or law enforcement officer who is responding to 
20
a notification may enter the property by any reasonable means 
21
under the circumstances to remove and render aid to the 
22
abandoned animal. 
23
    (d) A person convicted of violating subsection (a) or (b) 
 


 






HB4977
- 2 -
LRB096 16768 JDS 32068 b




1
of this Section is guilty of a Class A
misdemeanor.  A second or 
2
subsequent conviction for a violation of subsection (a) or (b) 
3
of this Section
is a Class 4 felony.  A person convicted of 
4
violating subsection (c) of this Section is guilty of a Class B 
5
misdemeanor. In addition to any other penalty provided by law, 
6
upon
conviction for violating subsection (a) or (b) of this 
7
Section, the court may order the convicted person
to undergo a 
8
psychological or psychiatric evaluation and to undergo any

9
treatment at the convicted person's expense that the court 
10
determines to be
appropriate after due consideration of the 
11
evidence.  If the convicted person
is a juvenile or a companion 
12
animal hoarder, the court must order the convicted
person to 
13
undergo a psychological or psychiatric evaluation and to 
14
undergo
treatment that the court determines to be appropriate 
15
after due consideration
of the evaluation.

16
(Source: P.A. 92-650, eff. 7-11-02.)

 
 
17
    Section 99. Effective date. This Act takes effect upon 
18
becoming law.