HB4971 100TH GENERAL ASSEMBLY

LRB100 19700 SLF 34974 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4971

Introduced , by Rep. Daniel J. Burke

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.886 new
510 ILCS 70/19 new

Amends the Humane Care for Animals Act and the State Finance Act. Provides that the Department of Agriculture shall create and maintain an animal abuse registry. Requires a person 18 years of age or older who resides in or is domiciled in the State and has been convicted of specified offenses involving animal cruelty or torture to register with the Department to be placed on the registry. Requires a person required to register to pay an annual fee of $50 to the Department. Prohibits a person required to register from owning a companion animal or being employed at an animal shelter, pound, pet shop, zoo, or other business where companion animals are present. Creates the Animal Abuse Registry Fund as a special fund in the State treasury. Provides that registration fees shall be deposited into the Fund to be used by the Department for establishing and maintaining the animal abuse registry.

FISCAL 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 State Finance Act is amended by adding Section 5.886 as follows:

(30 ILCS 105/5.886 new)

Sec. 5.886. The Animal Abuse Registry Fund.

Section 10. The Humane Care for Animals Act is amended by adding Section 19 as follows:

(510 ILCS 70/19 new)

Sec. 19. Animal abuse registry.

(a) The Department shall create and maintain the animal abuse registry. Any person 18 years of age or older who resides in or is domiciled in this State and has been convicted of a violation of Sections 3.01, 3.02, or 3.03 of this Act shall register with the Department within 30 calendar days after the date of conviction to be placed on the animal abuse registry.

(b) Upon entering a conviction for a violation of Sections 3.01, 3.02, or 3.03 of this Act, the presiding judge shall notify the convicted individual of that individual's requirement to register under this Section. The clerk of the court shall send notice of the conviction and the individual's name, date of birth, address, and offense for which he or she has been convicted to the Department.

(c) Any person required to register under this Section shall provide to the Department his or her name, date of birth, address, and the offense for which he or she has been convicted.

(d) Any person required to register under this Section shall register annually, and shall continue to register until that person receives a court order ordering that the registration cease. No court order removing the requirement for registration shall be issued until the registrant first demonstrates to the court that he or she has undergone psychiatric or psychological testing, the result of which indicates by clear and convincing evidence his or her capable and sound mental capacity and ability to own and properly care for an animal in a humane manner. Any person required to register under this Section shall notify the Department of any name or address change.

(e) Any person required to register under this Section shall not own a companion animal or have employment at an animal shelter, pound, pet shop, zoo, or other business establishment where companion animals are present.

(f) The animal abuse registry database shall be publicly accessible and indexed by name, date of birth, and address. The registry shall include the offense for which the registrant has been convicted.

(g) The Animal Abuse Registry Fund is created as a special fund in the State treasury. Any person required to register under this Section shall, in addition to any penalty authorized by law, pay a mandatory annual fee of $50 to the Department. The annual fee shall be deposited into the Animal Abuse Registry Fund to be used by the Department for establishing and maintaining the animal abuse registry. The Department shall establish procedures to document receipt and use of the funds.