Judiciary II - Criminal Law Committee
Adopted in House Comm. on Mar 06, 2008
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1 | AMENDMENT TO HOUSE BILL 4844
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2 | AMENDMENT NO. ______. Amend House Bill 4844 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Humane Care for Animals Act is amended by | ||||||
5 | adding Section 3.08 as follows: | ||||||
6 | (510 ILCS 70/3.08 new) | ||||||
7 | Sec. 3.08. Euthanasia of companion animal by prohibited | ||||||
8 | method. Any individual who knowingly or intentionally | ||||||
9 | euthanizes or authorizes the euthanasia of a companion animal | ||||||
10 | by any of the following means is guilty of a Class A | ||||||
11 | misdemeanor for the first violation and a Class 4 felony for a | ||||||
12 | second or subsequent violation: | ||||||
13 | (1) by means of placing the companion animal in a | ||||||
14 | decompression chamber and lowering the pressure of the | ||||||
15 | oxygen content in the air surrounding the animal; or | ||||||
16 | (2) by use of carbon monoxide or carbon dioxide. |
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1 | Section 10. The Humane Euthanasia in Animal Shelters Act is | ||||||
2 | amended by changing Sections 35, 57, 65, and 90 and by adding | ||||||
3 | Sections 36, 66, and 91 as follows: | ||||||
4 | (510 ILCS 72/35)
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5 | Sec. 35. Technician certification; duties.
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6 | (a) An applicant for certification as a euthanasia | ||||||
7 | technician shall file an
application with the Department and | ||||||
8 | shall:
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9 | (1) Be 18 years of age.
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10 | (2) Be of good moral character. In determining moral | ||||||
11 | character under this
Section, the Department may take into | ||||||
12 | consideration whether the applicant has
engaged in conduct | ||||||
13 | or activities that would constitute grounds for discipline
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14 | under this Act.
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15 | (3) Each applicant for certification as a euthanasia | ||||||
16 | technician shall
have his or her fingerprints submitted to | ||||||
17 | the Department of State Police in an
electronic format that | ||||||
18 | complies with the form and manner for requesting and
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19 | furnishing criminal history record information as | ||||||
20 | prescribed by the Department
of State Police. These | ||||||
21 | fingerprints shall be checked against the Department of
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22 | State Police and Federal Bureau of Investigation criminal | ||||||
23 | history record
databases now and hereafter filed. The | ||||||
24 | Department of State Police shall charge
applicants a fee |
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1 | for conducting the criminal history records check, which | ||||||
2 | shall
be deposited in the State Police Services Fund and | ||||||
3 | shall not exceed the actual
cost of the records check. The | ||||||
4 | Department of State Police shall furnish,
pursuant to | ||||||
5 | positive identification, records of Illinois convictions | ||||||
6 | to the
Department.
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7 | (4) Hold a license or certification from the American | ||||||
8 | Humane
Association, the National Animal Control | ||||||
9 | Association, the Illinois Federation
of Humane Societies, | ||||||
10 | or the Humane Society of the United States issued within
3 | ||||||
11 | years preceding the date of application .
Every 5 years a | ||||||
12 | certified euthanasia technician must renew his or her | ||||||
13 | certification with the Department. At the time of renewal, | ||||||
14 | the technician must present proof that he or she attended a | ||||||
15 | class or seminar that teaches techniques or guidelines, or | ||||||
16 | both, for humane animal euthanasia administered by the | ||||||
17 | American Humane Association, the National Animal Control | ||||||
18 | Association, the Illinois Federation of Humane Societies, | ||||||
19 | or the Humane Society of the United States.
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20 | For a period of 12 months after the adoption of final | ||||||
21 | administrative rules
for this Act, the Department may issue | ||||||
22 | a certification to an applicant who
holds a license or | ||||||
23 | certification from the American Humane Association, the
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24 | National Animal Control Association, the Illinois | ||||||
25 | Federation of Humane
Societies, or the Humane Society of | ||||||
26 | the United States issued after January 1,
1997.
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1 | (5) Pay the required fee.
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2 | (b) The duties of a euthanasia technician shall include but | ||||||
3 | are not limited
to:
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4 | (1) preparing animals for euthanasia and scanning each | ||||||
5 | animal, prior to
euthanasia, for microchips;
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6 | (2) accurately recording the dosages administered and | ||||||
7 | the amount of drugs
wasted;
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8 | (3) ordering supplies;
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9 | (4) maintaining the security of all controlled | ||||||
10 | substances and drugs;
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11 | (5) humanely euthanizing animals via intravenous | ||||||
12 | injection by hypodermic
needle, intraperitoneal injection | ||||||
13 | by hypodermic needle, solutions or
powder added to food or | ||||||
14 | by mouth, intracardiac injection only on comatose
animals | ||||||
15 | by hypodermic needle , or carbon monoxide in a commercially | ||||||
16 | manufactured
chamber ; and
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17 | (6) properly disposing of euthanized animals after | ||||||
18 | verification of death.
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19 | (c) A euthanasia technician employed by a euthanasia agency | ||||||
20 | may perform
euthanasia by the administration of a Schedule II
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21 | or Schedule III nonnarcotic controlled
substance. A euthanasia
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22 | technician may not personally possess, order, or administer a | ||||||
23 | controlled
substance except as an agent of the euthanasia | ||||||
24 | agency.
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25 | (d) Upon termination from a euthanasia agency, a euthanasia | ||||||
26 | technician shall
not perform
animal euthanasia until he or she |
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1 | is employed by another certified euthanasia
agency.
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2 | (e) A certified euthanasia technician or an instructor in | ||||||
3 | an approved course
does not engage in the practice of
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4 | veterinary
medicine when performing duties set forth in this | ||||||
5 | Act.
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6 | (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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7 | (510 ILCS 72/36 new) | ||||||
8 | Sec. 36. Certificate issuance restrictions. The Department | ||||||
9 | shall not issue a certificate to any individual convicted in | ||||||
10 | Illinois of a forcible felony, a felony violation of the Humane | ||||||
11 | Care for Animals Act, a felony violation of Article 24 of the | ||||||
12 | Criminal Code of 1961, a felony violation of Class 3 or higher | ||||||
13 | of the Cannabis Control Act, a felony violation of Class 2 or | ||||||
14 | higher of the Methamphetamine Control and Community Prevention | ||||||
15 | Act, or any violation of Section 12-35 or 26-5 of the Criminal | ||||||
16 | Code of 1961, or convicted in another jurisdiction of the | ||||||
17 | United States of an offense substantially similar to any of the | ||||||
18 | specified Illinois offenses. | ||||||
19 | (510 ILCS 72/57)
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20 | Sec. 57. Procedures for euthanasia.
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21 | (a) Only euthanasia drugs and commercially compressed | ||||||
22 | carbon monoxide,
subject
to
the limitations imposed under | ||||||
23 | subsection (b) of this Section, shall be used for
the purpose
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24 | of humanely euthanizing injured, sick, homeless, or unwanted |
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1 | companion animals
in an animal shelter or an animal control | ||||||
2 | facility licensed under the Illinois
Animal Welfare Act.
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3 | (b) (Blank). Commercially compressed carbon monoxide may | ||||||
4 | be used as a permitted
method of
euthanasia provided that it is | ||||||
5 | performed in a commercially manufactured chamber
pursuant to | ||||||
6 | the guidelines set forth in the most recent report of the AVMA
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7 | Panel on
Euthanasia.
A chamber that is designed to euthanize | ||||||
8 | more than one
animal at a
time must be equipped with | ||||||
9 | independent sections or cages to separate
incompatible
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10 | animals. The interior of the chamber must be well lit and | ||||||
11 | equipped with
view-ports, a
regulator, and a flow meter. | ||||||
12 | Monitoring equipment must be used at all times
during the
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13 | operation. Animals that are under 4 months of age, old, | ||||||
14 | injured, or sick
may not
be euthanized by carbon monoxide. | ||||||
15 | Animals shall remain in the chamber and
be exposed for
a | ||||||
16 | minimum of 20 minutes.
Staff members shall be fully notified of | ||||||
17 | potential health risks.
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18 | (c) Animals cannot be transported beyond State lines for | ||||||
19 | the sole purpose
of euthanasia unless the euthanasia methods | ||||||
20 | comply with subsection (a) or (b)
of this
Section and the | ||||||
21 | euthanasia is performed by a certified euthanasia technician .
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22 | (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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23 | (510 ILCS 72/65)
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24 | Sec. 65. Refused issuance, suspension , or revocation of | ||||||
25 | certification. The Department shall refuse to renew or shall |
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1 | revoke a euthanasia technician certification and may impose a | ||||||
2 | fine not to exceed $1,000 for a certified euthanasia technician | ||||||
3 | for any one or combination of the following reasons, each of | ||||||
4 | which is a violation of the Act: | ||||||
5 | (1) Failing to carry out any of the following duties of a | ||||||
6 | euthanasia technician: | ||||||
7 | (A) scanning for microchips or other identification | ||||||
8 | prior to euthanasia; | ||||||
9 | (B) maintaining the security of all controlled | ||||||
10 | substances and drugs; | ||||||
11 | (C) humanely euthanizing animals by intravenous | ||||||
12 | injection by hypodermic needle, intraperitoneal injection | ||||||
13 | by hypodermic needle, solutions or powder added to food or | ||||||
14 | by mouth, intracardiac injection only on comatose animals | ||||||
15 | by hypodermic needle; or | ||||||
16 | (D) verification of death by using a cardiac puncture | ||||||
17 | or stethoscope or by recognizing the signs of rigor mortis. | ||||||
18 | (2) Abusing the use of any controlled or illegal chemical | ||||||
19 | substance. | ||||||
20 | (3) Selling, stealing, or giving controlled or illegal | ||||||
21 | chemical substances away. | ||||||
22 | (4) Abetting anyone in the activities listed in this | ||||||
23 | Section. | ||||||
24 | (5) Violating any provision of the Illinois Animal Welfare | ||||||
25 | Act, the Illinois Humane Care for Animals Act, or the Illinois | ||||||
26 | Controlled Substances Act. |
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1 | (6) Acting as a euthanasia technician outside of the scope | ||||||
2 | of his or her employment with a certified euthanasia agency or | ||||||
3 | while not employed by a certified euthanasia agency. The | ||||||
4 | Department
may refuse to issue, renew, or restore a | ||||||
5 | certification or may revoke or suspend
a certification,
or | ||||||
6 | place on
probation, reprimand, impose a fine not to exceed | ||||||
7 | $1,000 for each violation, or
take other
disciplinary action as | ||||||
8 | the Department may deem proper with regard to a
certified | ||||||
9 | euthanasia agency or a
certified
euthanasia technician for any | ||||||
10 | one or combination of the following reasons:
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11 | (1) failing to carry out the duties of a euthanasia | ||||||
12 | technician;
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13 | (2) abusing the use of any chemical substance;
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14 | (3) selling, stealing, or giving chemical substances | ||||||
15 | away;
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16 | (4) abetting anyone in the activities listed in this | ||||||
17 | subsection; or
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18 | (5) violating any provision of this Act, the Illinois | ||||||
19 | Controlled
Substances
Act,
the rules adopted under these | ||||||
20 | Acts or any rules adopted by the Department
of Professional | ||||||
21 | Regulation concerning the euthanizing of animals.
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22 | (Source: P.A. 92-449, eff. 1-1-02.)
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23 | (510 ILCS 72/66 new) | ||||||
24 | Sec. 66. Refused issuance or revocation of euthanasia | ||||||
25 | agency certification. The Department shall refuse to renew or |
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1 | shall revoke a euthanasia agency's certification and may impose | ||||||
2 | a fine not to exceed $1,000 for any one of the following | ||||||
3 | reasons, each of which is a violation of the Act: | ||||||
4 | (1) Knowingly or willfully allowing a euthanasia | ||||||
5 | technician to perform any of the actions described in Section | ||||||
6 | 65 of this Act. | ||||||
7 | (2) Failing to the maintain the security of all controlled | ||||||
8 | substances and drugs. | ||||||
9 | (3) Allowing euthanasia to be performed by an individual | ||||||
10 | other than a certified euthanasia technician, a licensed | ||||||
11 | veterinarian, or an instructor. | ||||||
12 | (4) Failing to comply with the requirements of the Illinois | ||||||
13 | Food, Drug and Cosmetic Act; federal Food, Drug and Cosmetic | ||||||
14 | Act; federal Controlled Substances Act; or the Illinois | ||||||
15 | Controlled Substances Act.
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16 | (510 ILCS 72/90)
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17 | Sec. 90. Uncertified practice; civil penalty.
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18 | (a) A person who practices, offers to practice, attempts to | ||||||
19 | practice, or
holds
himself
or herself out as a certified | ||||||
20 | euthanasia technician or a certified euthanasia
agency without | ||||||
21 | being certified
under
this Act shall, in addition to any other | ||||||
22 | penalty provided by law, pay a civil
penalty
to the Department | ||||||
23 | in an amount not to exceed $5,000 for each offense as
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24 | determined by the Department. The civil penalty shall be | ||||||
25 | assessed by the
Department after a hearing is held in |
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1 | accordance with the provisions set forth
in
this Act regarding | ||||||
2 | the provision of a hearing for the discipline of a certified
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3 | euthanasia technician or a certified euthanasia agency. The | ||||||
4 | civil penalty must
be paid within 60 days after
the
effective | ||||||
5 | date of the order imposing the civil penalty. The order shall
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6 | constitute a
judgment and may be filed and executed in the same | ||||||
7 | manner as any judgment
from any court of record.
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8 | (b) The Department may investigate any uncertified | ||||||
9 | activity.
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10 | (c) Instructors or licensed veterinarians teaching humane | ||||||
11 | euthanasia techniques
are exempt from the certification | ||||||
12 | process so long as they are currently licensed by another state | ||||||
13 | as a euthanasia technician or as a veterinarian .
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14 | (Source: P.A. 92-449, eff. 1-1-02.)
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15 | (510 ILCS 72/91 new) | ||||||
16 | Sec. 91. Criminal penalties. An individual, an agency, or a | ||||||
17 | technician who is found to have violated any one of the | ||||||
18 | following provisions of this Act is guilty of a Class A | ||||||
19 | misdemeanor: | ||||||
20 | (1) Euthanasia technician. Any violation of Section | ||||||
21 | 65. | ||||||
22 | (2) Euthanasia agency. An administrator, a director, a | ||||||
23 | manager, or a supervisor of a euthanasia agency who | ||||||
24 | knowingly or willfully violates Section 66. | ||||||
25 | (3) Personal. Any person who practices, offers to |
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1 | practice, attempts to practice, or holds himself, herself, | ||||||
2 | or itself out as a certified euthanasia technician or a | ||||||
3 | certified euthanasia agency without being certified under | ||||||
4 | this Act. | ||||||
5 | On conviction of a second or subsequent offense, the | ||||||
6 | violator is guilty of a Class 4 felony. The Department shall | ||||||
7 | refer any alleged violation of these provision for the purpose | ||||||
8 | of criminal investigation and prosecution to local law | ||||||
9 | enforcement or the Illinois State Police and to the State's | ||||||
10 | Attorney in the county within which the violation occurred or | ||||||
11 | the Illinois Attorney General's office. | ||||||
12 | The Department shall also refer any information it receives | ||||||
13 | that appears to violate the Humane Care for Animals Act for | ||||||
14 | criminal investigation and prosecution to the Illinois State | ||||||
15 | Police and to the State's Attorney in the county within which | ||||||
16 | the violation occurred or the Illinois Attorney General's | ||||||
17 | office.
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18 | (510 ILCS 72/165 rep.)
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19 | Section 15. The Humane Euthanasia in Animal Shelters Act is | ||||||
20 | amended by repealing Section 165.".
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