HB5978 98TH GENERAL ASSEMBLY

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98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5978

Introduced , by Rep. JoAnn D. Osmond

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.855 new
510 ILCS 70/19 new

Amends the State Finance Act. Creates the Animal Abuse Registry Fund. Amends the Humane Care for Animals Act. Provides that the Department of Agriculture shall create and maintain an animal abuse registry. Provides that any person 18 years of age or older that resides in or is domiciled in this State that has been convicted of cruel treatment, aggravated cruelty, or animal torture shall register with the Department of Agriculture within 30 calendar days after the date of conviction to be placed on the animal abuse registry. Failure to register is a Class B misdemeanor for a first offense and a Class 4 felony for a subsequent violation. Prohibits a registered person from owning a companion animal or being employed at an animal shelter, pound, pet shop, zoo, or other business where companion animals are present.

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 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. 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 that resides in or is domiciled in this State that 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.