96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0934


 
Introduced 2/10/2009, by Rep. Mike Boland
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/12-36










    Amends the Criminal Code of 1961.  Provides that the prohibition on the possession of an unsterilized or vicious dog by a person convicted of specified felonies applies to a person convicted of felony dog fighting.
















LRB096 03080 RLC 13096 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0934

LRB096 03080 RLC 13096 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 12-36 as follows:
 
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    (720 ILCS 5/12-36)
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    Sec. 12-36. Possession of unsterilized or vicious certain 
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dogs by felons prohibited.
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    (a) For a period of 10 years commencing upon the release of 
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a person from incarceration, it is unlawful for a person 
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convicted of a forcible felony, a felony violation of the 
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Humane Care for Animals Act, a felony violation of Section 26-5 
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of this Code, a felony violation of Article 24 of this Code the 
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Criminal Code of 1961, a felony violation of Class 3 or higher 
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of the Illinois Controlled Substances Act, a felony violation 
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of Class 3 or higher of  the Cannabis Control Act,  or a felony 
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violation of Class 2 or higher of the Methamphetamine Control 
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and Community Protection Act, to knowingly own, possess, have 
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custody of, or reside in a residence with, either:
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        (1) an unspayed or unneutered dog or puppy older than 
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    12 weeks of age; or
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        (2) irrespective of whether the dog has been spayed or 
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    neutered, any dog that has been determined to be a vicious 
 


 






HB0934
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LRB096 03080 RLC 13096 b




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    dog under Section 15 of the Animal Control Act.
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    (b) Any dog owned, possessed by, or in the custody of a 
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person convicted of a felony, as described in subsection (a), 
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must be microchipped for permanent identification.
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    (c) Sentence. A person who violates this Section is guilty 
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of a Class A misdemeanor.
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    (d)  It is an affirmative defense to prosecution under this 
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Section that the dog in question is neutered or spayed, or that 
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the dog in question was neutered or spayed within 7 days of the 
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defendant being charged with a violation of this Section.  
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Medical records from, or the certificate of, a doctor of 
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veterinary medicine licensed to practice in the State of 
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Illinois who has personally examined or operated upon the dog, 
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unambiguously indicating whether the dog in question has been 
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spayed or neutered, shall be prima facie true and correct, and 
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shall be sufficient evidence of whether the dog in question has 
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been spayed or neutered.  This subsection (d) is not applicable 
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to any dog that has been determined to be a vicious dog under 
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Section 15 of the Animal Control Act.

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