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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 12-36 as follows: | ||||||
6 | (720 ILCS 5/12-36) | ||||||
7 | Sec. 12-36. Possession of unsterilized or vicious certain | ||||||
8 | dogs by felons prohibited. | ||||||
9 | (a) For a period of 10 years commencing upon the release of | ||||||
10 | a person from incarceration, it is unlawful for a person | ||||||
11 | convicted of a forcible felony, a felony violation of the | ||||||
12 | Humane Care for Animals Act, a felony violation of Section 26-5 | ||||||
13 | of this Code, a felony violation of Article 24 of this Code the | ||||||
14 | Criminal Code of 1961 , a felony violation of Class 3 or higher | ||||||
15 | of the Illinois Controlled Substances Act, a felony violation | ||||||
16 | of Class 3 or higher of the Cannabis Control Act, or a felony | ||||||
17 | violation of Class 2 or higher of the Methamphetamine Control | ||||||
18 | and Community Protection Act, to knowingly own, possess, have | ||||||
19 | custody of, or reside in a residence with, either: | ||||||
20 | (1) an unspayed or unneutered dog or puppy older than | ||||||
21 | 12 weeks of age; or | ||||||
22 | (2) irrespective of whether the dog has been spayed or | ||||||
23 | neutered, any dog that has been determined to be a vicious |
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1 | dog under Section 15 of the Animal Control Act. | ||||||
2 | (b) Any dog owned, possessed by, or in the custody of a | ||||||
3 | person convicted of a felony, as described in subsection (a), | ||||||
4 | must be microchipped for permanent identification. | ||||||
5 | (c) Sentence. A person who violates this Section is guilty | ||||||
6 | of a Class A misdemeanor. | ||||||
7 | (d) It is an affirmative defense to prosecution under this | ||||||
8 | Section that the dog in question is neutered or spayed, or that | ||||||
9 | the dog in question was neutered or spayed within 7 days of the | ||||||
10 | defendant being charged with a violation of this Section. | ||||||
11 | Medical records from, or the certificate of, a doctor of | ||||||
12 | veterinary medicine licensed to practice in the State of | ||||||
13 | Illinois who has personally examined or operated upon the dog, | ||||||
14 | unambiguously indicating whether the dog in question has been | ||||||
15 | spayed or neutered, shall be prima facie true and correct, and | ||||||
16 | shall be sufficient evidence of whether the dog in question has | ||||||
17 | been spayed or neutered. This subsection (d) is not applicable | ||||||
18 | to any dog that has been determined to be a vicious dog under | ||||||
19 | Section 15 of the Animal Control Act.
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20 | (Source: P.A. 94-818, eff. 1-1-07.)
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