100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3576
 
Introduced 2/16/2018, by Sen. Kyle McCarter
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/12-36

     Amends the Criminal Code of 2012. Provides a that person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of dog fighting, a felony violation of Deadly Weapons Article of the Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act, shall not knowingly own, possess, have custody of, or reside in a residence with any dog weighing more than 20 pounds for a period of 10 years commencing upon the release of the person from incarceration.
  


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A BILL FOR
 

  
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1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by changing 
5Section 12-36 as follows:
 
6    (720 ILCS 5/12-36)
7    Sec. 12-36. Possession of unsterilized or vicious dogs by 
8felons prohibited.
9    (a) For a period of 10 years commencing upon the release of 
10a person from incarceration, it is unlawful for a person 
11convicted of a forcible felony, a felony violation of the 
12Humane Care for Animals Act, a felony violation of Section 26-5 
13or 48-1 of this Code, a felony violation of Article 24 of this 
14Code, a felony violation of Class 3 or higher of the Illinois 
15Controlled Substances Act, a felony violation of Class 3 or 
16higher of  the Cannabis Control Act,  or a felony violation of 
17Class 2 or higher of the Methamphetamine Control and Community 
18Protection Act, to knowingly own, possess, have custody of, or 
19reside in a residence with, either:
20        (1) an unspayed or unneutered dog or puppy older than 
21    12 weeks of age; or
22        (1.5) any dog weighing more than 20 pounds; or 
23        (2) irrespective of whether the dog has been spayed or 
 
 
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1    neutered, any dog that has been determined to be a vicious 
2    dog under Section 15 of the Animal Control Act.
3    (b) Any dog owned, possessed by, or in the custody of a 
4person convicted of a felony, as described in subsection (a), 
5must be microchipped for permanent identification.
6    (c) Sentence. A person who violates this Section is guilty 
7of a Class A misdemeanor.
8    (d)  It is an affirmative defense to prosecution under this 
9Section that the dog in question is neutered or spayed, or that 
10the dog in question was neutered or spayed within 7 days of the 
11defendant being charged with a violation of this Section.  
12Medical records from, or the certificate of, a doctor of 
13veterinary medicine licensed to practice in the State of 
14Illinois who has personally examined or operated upon the dog, 
15unambiguously indicating whether the dog in question has been 
16spayed or neutered, shall be prima facie true and correct, and 
17shall be sufficient evidence of whether the dog in question has 
18been spayed or neutered.  This subsection (d) is not applicable 
19to any dog that has been determined to be a vicious dog under 
20Section 15 of the Animal Control Act.

21(Source: P.A. 96-185, eff. 1-1-10; 97-1108, eff. 1-1-13.)