102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3226

 

Introduced 2/19/2021, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/2.01c
720 ILCS 5/48-4.5 new
720 ILCS 5/48-8

    Amends the Criminal Code of 2012. Creates the offense of misrepresentation of a service animal. Provides that a person commits the offense 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 that the animal is not a service animal. Provides that a law enforcement officer may require the person to remove an animal that is not a service animal from a place of public accommodation if its behavior is disruptive or displays negative behaviors as provided in the federal Americans with Disabilities Act of 1990. Provides that the person remains responsible for ensuring the safety and well-being of the animal. Defines "service animal". Provides that misrepresentation of a service animal is a petty offense. Amends the Humane Care for Animals Act to make conforming changes.


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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 1. This Act may be referred to as Gander's Law.
 
5    Section 5. The Humane Care for Animals Act is amended by
6changing Section 2.01c as follows:
 
7    (510 ILCS 70/2.01c)
8    Sec. 2.01c. Service animal. "Service animal" has the
9meaning ascribed to it in Section 48-4.5 of the Criminal Code
10of 2012 means an animal trained in obedience and task skills to
11meet the needs of a person with a disability.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    Section 10. The Criminal Code of 2012 is amended by
14changing Section 48-8 and by adding Section 48-4.5 as follows:
 
15    (720 ILCS 5/48-4.5 new)
16    Sec. 48-4.5. Misrepresentation of a service animal.
17    (a) In this Section, "service animal" means a dog or
18miniature horse that is trained to do work or perform tasks for
19the benefit of a person with a disability, including a
20physical, sensory, psychiatric, intellectual, or other mental

 

 

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1disability. The work or tasks performed by the animal must be
2directly related to the person's disability including, but not
3limited to, assisting a person who is visually impaired with
4navigation and other tasks, alerting a person who is deaf or
5hard of hearing to the presence of people or sounds, providing
6nonviolent protection or rescue work, pulling a wheelchair,
7assisting a person during a seizure, alerting a person to the
8presence of allergens, retrieving items such as medicine or
9the telephone, providing physical support and assistance with
10balance and stability to a person with mobility disabilities,
11or helping a person with psychiatric and neurological
12disabilities by preventing or interrupting impulsive or
13disruptive behaviors, non-aggressive clearing of rooms, or
14blocking to provide safe space or passage for veterans or
15other trauma survivors. Work or tasks do not include the
16animal's presence as a deterrent for criminal activity,
17emotional support, well-being, comfort, or companionship.
18    (b) A person commits misrepresentation of a service animal
19when:
20        (1) he or she knowingly represents, expressly or
21    impliedly, that the animal is a service animal for the
22    purpose of securing the rights and privileges afforded to
23    a person with a disability accompanied by a service animal
24    and the person knew that the animal is not a service
25    animal;
26        (2) the person was previously given a written or

 

 

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1    verbal warning regarding the fact that it is illegal to
2    misrepresent an animal as a service animal; and
3        (3) the person knows that the animal is not a service
4    animal.
5    (c) A law enforcement officer may require the person to
6remove an animal that is not a service animal from a place of
7public accommodation if its behavior is disruptive or displays
8negative behaviors as provided in the federal Americans with
9Disabilities Act of 1990. The person remains responsible for
10ensuring the safety and well-being of the animal.
11    (d) Sentence. Misrepresentation of a service animal is a
12petty offense.
 
13    (720 ILCS 5/48-8)
14    Sec. 48-8. Service animal access.
15    (a) When a person with a physical, mental, or intellectual
16disability requiring the use of a service animal is
17accompanied by a service animal or when a trainer of a service
18animal is accompanied by a service animal, neither the person
19nor the service animal shall be denied the right of entry and
20use of facilities of any public place of accommodation as
21defined in Section 5-101 of the Illinois Human Rights Act.
22    For the purposes of this Section, "service animal" has the
23meaning ascribed to it in Section 48-4.5. means a dog or
24miniature horse trained or being trained as a hearing animal,
25a guide animal, an assistance animal, a seizure alert animal,

 

 

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1a mobility animal, a psychiatric service animal, an autism
2service animal, or an animal trained for any other physical,
3mental, or intellectual disability. "Service animal" includes
4a miniature horse that a public place of accommodation shall
5make reasonable accommodation so long as the public place of
6accommodation takes into consideration: (1) the type, size,
7and weight of the miniature horse and whether the facility can
8accommodate its features; (2) whether the handler has
9sufficient control of the miniature horse; (3) whether the
10miniature horse is housebroken; and (4) whether the miniature
11horse's presence in the facility compromises legitimate safety
12requirements necessary for operation.
13    (b) A person who knowingly violates this Section commits a
14petty offense Class C misdemeanor.
15(Source: P.A. 97-1108, eff. 1-1-13; incorporates 97-956, eff.
168-14-12; 97-1150, eff. 1-25-13.)