HB4188ham001 98TH GENERAL ASSEMBLY

Rep. Maria Antonia Berrios

Filed: 3/20/2014

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AMENDMENT TO HOUSE BILL 4188

AMENDMENT NO. ______. Amend House Bill 4188 by replacing everything after the enacting clause with the following:

"Section 5. The Humane Care for Animals Act is amended by changing Section 17 and by adding Sections 2.11 and 19 as follows:

(510 ILCS 70/2.11 new)

Sec. 2.11. National Do Not Adopt Registry. "National Do Not Adopt Registry" means the national registry of animal abuse convictions maintained by the Animal Legal Defense Fund that (1) contains the convicted person's name, date of birth, physical description, the offense for which the person has been convicted, and whether the person is prohibited from possessing animals and (2) is free of charge, publicly accessible, and searchable by full name and birthdate.

(510 ILCS 70/17)

Sec. 17. Penalties.

(a) Any person convicted of any act of abuse or neglect or of violating any other provision of this Act, except Section 19 of this Act, for which a penalty is not otherwise provided, or any rule, regulation, or order of the Department pursuant thereto, is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense.

(b) The Department may enjoin a person from a continuing violation of this Act.

(Source: P.A. 95-560, eff. 8-30-07.)

(510 ILCS 70/19 new)

Sec. 19. National Do Not Adopt Registry.

(a) Upon entering a conviction for a violation of Sections 3.01, 3.02, 3.03, 4.01, or 6 of this Act, or Sections 12-35 or 48-1 of the Criminal Code of 2012, by a defendant 18 years of age or older, the presiding judge shall notify the defendant that he or she must register with the national Do Not Adopt Registry.

(b) The defendant shall provide to the national Do Not Adopt Registry his or her name, date of birth, gender, ethnicity, eye color, hair color, height, weight, and offense for which he or she has been convicted.

(c) The defendant shall register with the national Do Not Adopt Registry within 10 days after the conviction and shall register annually for 10 years after the conviction.

(d) Failure to properly register as required under this Section shall be a business offense with a fine of $100 for the first offense, $500 for the second offense, and $1,000 for the third or subsequent offense.

(e) Any animal shelter, pet store, animal breeder, or person shall conduct a search of the national Do Not Adopt Registry prior to selling, transferring, delivering, or placing for adoption a companion animal to another person.".