SB3127 99TH GENERAL ASSEMBLY

LRB099 20680 SLF 45299 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3127

Introduced 2/19/2016, by Sen. Thomas Cullerton

SYNOPSIS AS INTRODUCED:

510 ILCS 70/4.02b new

Amends the Humane Care for Animals Act. Provides that a person convicted of aggravated cruelty, a violation involving animals for entertainment, and dog fighting and a person convicted of similar offenses in another jurisdiction shall register with the county sheriff for 10 years following his or her conviction. Provides that a person with 2 or more convictions of these offenses is subject to lifetime registration. Provides that the offender shall provide the county sheriff the following information: legal name and any other names or aliases that the offender uses or has used; date of birth; current address or location; the county or counties in this State where the offender is registered. Provides that the county sheriff shall obtain from the offender: a photograph of the offender; and description of any tattoos, scars, or other distinguishing features on the offender's body that would assist in identifying the offender. Provides that the county sheriff shall establish and maintain a local registry of offenders in the sheriff's jurisdiction to be known as the local animal abuse registry. Provides that the Illinois State Police shall establish and maintain a public central registry of offenders required to register to be known as the central animal abuse registry. Provides that a sentencing court shall inform offenders of the requirements of the Act at the time of sentencing. Provides that a person subject to registration who violates these provisions is guilty of a Class 3 felony for the first offense and a Class 2 felony for subsequent offenses. Provides that an initial registration fee of $50 and a renewal fee of $25 is due at registration. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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 Humane Care for Animals Act is amended by adding Section 4.02b as follows:

(510 ILCS 70/4.02b new)

Sec. 4.02b. Animal abuse registry.

(a) The following persons shall register with the county sheriff for the county in which the person is located for 10 years following the conviction:

(1) Persons convicted of any of the following offenses:

(A) Aggravated cruelty, as defined in Section 3.02 of this Act.

(B) A violation involving animals for entertainment under Section 4.01 of this Act.

(C) Dog fighting, under Section 48-1 of the Criminal Code of 2012.

(2) Persons currently residing in this State who have been convicted of offenses similar to the crimes cited in paragraph (1) of this subsection (a) under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the commonwealth of Puerto Rico, or a foreign nation.

(a-5) An initial registration fee of $50 shall be due at the time of registration. For every subsequent renewal registration, a fee of $25 shall be due. For each fee collected, $2 shall be retained by the sheriff for the administrative costs of the registry. The rest of the funds collected shall be transmitted to the State Treasurer for deposit into the State Police Operations Assistance Fund.

(b) A person with 2 or more convictions of any of the offenses set forth in subsection (a) shall be subject to lifetime registration.

(c) An offender or repeat offender following release from incarceration, upon parole or mandatory supervised release from a correctional institution, or upon commencement of immediate punishment or probation that results from a conviction for an offense listed under subsection (a) who is located within the boundaries of this State for more than 30 consecutive days, shall register with the county sheriff for the county in which the offender or repeat offender is located before the end of the 31st day.

(d) An offender or repeat offender who is currently registered in the county of the offender's previous location within this State shall reregister with the county sheriff for the county in which the offender or repeat offender is now located no later than 30 days after moving to the new location in this State.

(e) Following the initial registration under this Section, an offender shall annually renew the registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of 10 years.

(f) The offender or repeat offender shall provide the county sheriff with the following information:

(1) Legal name and any other names or aliases that the offender uses or has used.

(2) Date of birth.

(3) Current address or location.

(4) The county or counties in this State where the offender is registered under this Section.

(g) The county sheriff shall obtain the following from the offender or repeat offender:

(1) A photograph of the offender.

(2) A description of any tattoos, scars, or other distinguishing features on the offender's body that would assist in identifying the offender.

(h) For registration renewal, the offender shall provide updated information for the required information contained in subsections (f) and (g).

(i) The county sheriff shall establish and maintain a local registry of offenders in the sheriff's jurisdiction to be known as the local animal abuse registry. The sheriff shall be responsible for forwarding all registration information to the Department of State Police.

(j) The Department of State Police shall establish and maintain a central registry of offenders required to register under this Section to be known as the central animal abuse registry. Information contained in the central animal abuse registry of offenders shall be made available to the public through the internet and telephone. All of the information contained in an offender's registration shall be made available to the public. Records of each registration shall be maintained for the 10-year period that an offender is required to be registered. Records of each registration shall be maintained during the period that a repeat offender is required to be registered.

An individual may use the information contained in the central animal abuse registry and the local animal abuse registry for protecting animals at risk of abuse.

(k) The sentencing court shall inform offenders and repeat offenders at the time of sentencing of the provisions of this Section. The court shall:

(1) Specifically inform the offender of the duty to register and provide the information required for registration.

(2) Specifically inform the offender of the duty to inform the county sheriff within 30 days if the offender or repeat offender changes residence or establishes an additional residence or residences.

(3) Require the offender to read and sign a form stating that the duty to register under this Section has been provided in writing and has been explained. If the offender is incapable of reading, the court shall certify the duty to register was explained to the offender and the offender indicated an understanding of the duty.

(l) An individual who is subject to registration under this Section commits an offense if he or she knowingly fails to:

(1) Register or reregister with the county sheriff as required under this Section.

(2) Provide accurate information when registering under this Section.

A person subject to registration under this Section who violates this Section is guilty of a Class 3 felony for the first offense and a Class 2 felony for a second or subsequent offense.

Section 99. Effective date. This Act takes effect upon becoming law.