Public Act 096-0185
 		





HB0934 Enrolled
LRB096 03080 RLC 13096 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 12-36 as follows:
 
    (720 ILCS 5/12-36)
    Sec. 12-36. Possession of unsterilized or vicious certain 
dogs by felons prohibited.
    (a) For a period of 10 years commencing upon the release of 
a person from incarceration, it is unlawful for a person 
convicted of a forcible felony, a felony violation of the 
Humane Care for Animals Act, a felony violation of Section 26-5 
of this Code, a felony violation of Article 24 of this Code the 
Criminal Code of 1961, a felony violation of Class 3 or higher 
of the Illinois Controlled Substances Act, a felony violation 
of Class 3 or higher of  the Cannabis Control Act,  or a felony 
violation of Class 2 or higher of the Methamphetamine Control 
and Community Protection Act, to knowingly own, possess, have 
custody of, or reside in a residence with, either:
        (1) an unspayed or unneutered dog or puppy older than 
    12 weeks of age; or
        (2) irrespective of whether the dog has been spayed or 
    neutered, any dog that has been determined to be a vicious 
    dog under Section 15 of the Animal Control Act.
    (b) Any dog owned, possessed by, or in the custody of a 
person convicted of a felony, as described in subsection (a), 
must be microchipped for permanent identification.
    (c) Sentence. A person who violates this Section is guilty 
of a Class A misdemeanor.
    (d)  It is an affirmative defense to prosecution under this 
Section that the dog in question is neutered or spayed, or that 
the dog in question was neutered or spayed within 7 days of the 
defendant being charged with a violation of this Section.  
Medical records from, or the certificate of, a doctor of 
veterinary medicine licensed to practice in the State of 
Illinois who has personally examined or operated upon the dog, 
unambiguously indicating whether the dog in question has been 
spayed or neutered, shall be prima facie true and correct, and 
shall be sufficient evidence of whether the dog in question has 
been spayed or neutered.  This subsection (d) is not applicable 
to any dog that has been determined to be a vicious dog under 
Section 15 of the Animal Control Act.

(Source: P.A. 94-818, eff. 1-1-07.)