101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1645

 

Introduced , by Rep. Jonathan Carroll

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/48-4.5 new

    Amends the Criminal Code of 2012. Provides that a person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal. Provides that the refusal to answer questions from a law enforcement officer permitted under federal regulation creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation. Misrepresentation of a service animal is a petty offense. Defines "service animal".


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1645LRB101 08608 SLF 53687 b

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 adding
5Section 48-4.5 as follows:
 
6    (720 ILCS 5/48-4.5 new)
7    Sec. 48-4.5. Misrepresentation of a service animal.
8    (a) In this Section, "service animal" means a dog or
9miniature horse that is trained to do work or perform tasks for
10the benefit of a person with a disability, including a
11physical, sensory, psychiatric, intellectual, or other mental
12disability. The work or tasks performed by the animal must be
13directly related to the person's disability including, but not
14limited to, assisting a person who is visually impaired with
15navigation and other tasks, alerting a person who is deaf or
16hard of hearing to the presence of people or sounds, providing
17nonviolent protection or rescue work, pulling a wheelchair,
18assisting a person during a seizure, alerting a person to the
19presence of allergens, retrieving items such as medicine or the
20telephone, providing physical support and assistance with
21balance and stability to a person with mobility disabilities,
22or helping a person with psychiatric and neurological
23disabilities by preventing or interrupting impulsive or

 

 

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1disruptive behaviors. Work or tasks do not include the animal's
2presence as a deterrent for criminal activity, emotional
3support, well-being, comfort, or companionship.
4    (b) A person commits misrepresentation of a service animal
5when he or she knowingly represents, expressly or impliedly,
6that the animal is a service animal for the purpose of securing
7the rights and privileges afforded to a person with a
8disability accompanied by a service animal and the person knew
9or should have known that the animal is not a service animal.
10    (c) The refusal to answer questions from a law enforcement
11officer permitted under subsection (f) of 28 CFR 35.136 creates
12a permissive inference that the animal is not a service animal
13and the law enforcement officer may require the person to
14remove the animal from the place of public accommodation.
15    (d) Sentence. Misrepresentation of a service animal is a
16petty offense.