Rep. John A. Fritchey
Filed: 4/15/2008
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1 | AMENDMENT TO HOUSE BILL 4844
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2 | AMENDMENT NO. ______. Amend House Bill 4844, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Humane Care for Animals Act is amended | ||||||
6 | changing 3.02 and by adding Section 3.09 as follows:
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7 | (510 ILCS 70/3.02)
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8 | Sec. 3.02. Aggravated cruelty. | ||||||
9 | (a) No person may intentionally
commit an act that causes a | ||||||
10 | companion animal to suffer serious injury or
death. Aggravated | ||||||
11 | cruelty does not include euthanasia of a companion animal
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12 | through recognized methods approved by the Department of | ||||||
13 | Agriculture unless prohibited under subsection (b) or (c) .
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14 | (b) No individual, except a licensed veterinarian as | ||||||
15 | exempted under Section 3.09, may knowingly or intentionally | ||||||
16 | euthanize or authorize the euthanasia of a companion animal by |
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1 | use of carbon monoxide. | ||||||
2 | (c) No individual may knowingly or intentionally euthanize | ||||||
3 | or authorize the euthanasia of a companion animal by any of the | ||||||
4 | following means: | ||||||
5 | (1) by means of placing the companion animal in a | ||||||
6 | decompression chamber and lowering the pressure of the | ||||||
7 | oxygen content in the air surrounding the animal; or | ||||||
8 | (2) by use of carbon dioxide. | ||||||
9 | (d) A person convicted of violating Section 3.02 is guilty | ||||||
10 | of a Class 4
felony. A second or subsequent violation is a | ||||||
11 | Class 3 felony. In addition to
any other penalty provided by | ||||||
12 | law, upon conviction for violating this Section,
the court may | ||||||
13 | order the convicted person to undergo a psychological or
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14 | psychiatric evaluation and to undergo any treatment at the | ||||||
15 | convicted person's
expense that the court determines to be | ||||||
16 | appropriate after due consideration of
the evaluation. If the | ||||||
17 | convicted person is a juvenile or a companion animal
hoarder, | ||||||
18 | the court must order the convicted person to undergo a | ||||||
19 | psychological
or psychiatric evaluation and to undergo | ||||||
20 | treatment that the court determines to
be appropriate after due | ||||||
21 | consideration of the evaluation.
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22 | (Source: P.A. 92-650, eff. 7-11-02.)
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23 | (510 ILCS 70/3.09 new)
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24 | Sec. 3.09. Carbon monoxide euthanasia by a licensed | ||||||
25 | veterinarian. A licensed veterinarian may euthanize a |
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1 | companion animal in a commercially manufactured chamber by use | ||||||
2 | of compressed carbon monoxide. The veterinarian must be | ||||||
3 | physically present during the euthanasia process until death is | ||||||
4 | confirmed. The veterinarian must take the following steps when | ||||||
5 | using a gas chamber: | ||||||
6 | (1) Render a written opinion for each companion animal | ||||||
7 | including the following: | ||||||
8 | (A) a description of the animal including species, | ||||||
9 | color, age, sex, and microchip number if present. | ||||||
10 | (B) a signed and dated statement that the use of | ||||||
11 | compressed carbon monoxide is the most humane method of | ||||||
12 | euthanasia for this companion animal. | ||||||
13 | (2) Use a commercially manufactured chamber pursuant | ||||||
14 | to the guidelines set forth in the most recent report of | ||||||
15 | the AVMA Panel on Euthanasia. The interior of the chamber | ||||||
16 | must be well lit and equipped with view-ports, a regulator, | ||||||
17 | and a flow meter. Monitoring equipment must be used at all | ||||||
18 | times during the operation. Animals that are under 4 months | ||||||
19 | of age, old, injured, or sick may not be euthanized by | ||||||
20 | carbon monoxide. Animals shall remain in the chamber and be | ||||||
21 | exposed for a minimum of 20 minutes. Staff members shall be | ||||||
22 | fully notified of potential health risks. | ||||||
23 | (3) Only one companion animal may be euthanized at a | ||||||
24 | time. | ||||||
25 | Section 10. The Humane Euthanasia in Animal Shelters Act is |
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1 | amended by changing Sections 35, 57, 65, and 90 and by adding | ||||||
2 | Sections 36, 66, and 91 as follows: | ||||||
3 | (510 ILCS 72/35)
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4 | Sec. 35. Technician certification; duties.
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5 | (a) An applicant for certification as a euthanasia | ||||||
6 | technician shall file an
application with the Department and | ||||||
7 | shall:
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8 | (1) Be 18 years of age.
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9 | (2) Be of good moral character. In determining moral | ||||||
10 | character under this
Section, the Department may take into | ||||||
11 | consideration whether the applicant has
engaged in conduct | ||||||
12 | or activities that would constitute grounds for discipline
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13 | under this Act.
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14 | (3) Each applicant for certification as a euthanasia | ||||||
15 | technician shall
have his or her fingerprints submitted to | ||||||
16 | the Department of State Police in an
electronic format that | ||||||
17 | complies with the form and manner for requesting and
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18 | furnishing criminal history record information as | ||||||
19 | prescribed by the Department
of State Police. These | ||||||
20 | fingerprints shall be checked against the Department of
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21 | State Police and Federal Bureau of Investigation criminal | ||||||
22 | history record
databases now and hereafter filed. The | ||||||
23 | Department of State Police shall charge
applicants a fee | ||||||
24 | for conducting the criminal history records check, which | ||||||
25 | shall
be deposited in the State Police Services Fund and |
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1 | shall not exceed the actual
cost of the records check. The | ||||||
2 | Department of State Police shall furnish,
pursuant to | ||||||
3 | positive identification, records of Illinois convictions | ||||||
4 | to the
Department.
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5 | (4) Hold a license or certification from the American | ||||||
6 | Humane
Association, the National Animal Control | ||||||
7 | Association, the Illinois Federation
of Humane Societies, | ||||||
8 | or the Humane Society of the United States issued within
3 | ||||||
9 | years preceding the date of application.
Every 5 years a | ||||||
10 | certified euthanasia technician must renew his or her | ||||||
11 | certification with the Department. At the time of renewal, | ||||||
12 | the technician must present proof that he or she attended a | ||||||
13 | class or seminar that teaches techniques or guidelines, or | ||||||
14 | both, for humane animal euthanasia administered by the | ||||||
15 | American Humane Association, the National Animal Control | ||||||
16 | Association, the Illinois Federation of Humane Societies, | ||||||
17 | or the Humane Society of the United States.
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18 | For a period of 12 months after the adoption of final | ||||||
19 | administrative rules
for this Act, the Department may issue | ||||||
20 | a certification to an applicant who
holds a license or | ||||||
21 | certification from the American Humane Association, the
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22 | National Animal Control Association, the Illinois | ||||||
23 | Federation of Humane
Societies, or the Humane Society of | ||||||
24 | the United States issued after January 1,
1997.
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25 | (5) Pay the required fee.
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26 | (b) The duties of a euthanasia technician shall include but |
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1 | are not limited
to:
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2 | (1) preparing animals for euthanasia and scanning each | ||||||
3 | animal, prior to
euthanasia, for microchips;
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4 | (2) accurately recording the dosages administered and | ||||||
5 | the amount of drugs
wasted;
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6 | (3) ordering supplies;
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7 | (4) maintaining the security of all controlled | ||||||
8 | substances and drugs;
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9 | (5) humanely euthanizing animals via intravenous | ||||||
10 | injection by hypodermic
needle, intraperitoneal injection | ||||||
11 | by hypodermic needle, solutions or
powder added to food or | ||||||
12 | by mouth, intracardiac injection only on comatose
animals | ||||||
13 | by hypodermic needle , or carbon monoxide in a commercially | ||||||
14 | manufactured
chamber ; and
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15 | (6) properly disposing of euthanized animals after | ||||||
16 | verification of death.
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17 | (c) A euthanasia technician employed by a euthanasia agency | ||||||
18 | may perform
euthanasia by the administration of a Schedule II
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19 | or Schedule III nonnarcotic controlled
substance. A euthanasia
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20 | technician may not personally possess, order, or administer a | ||||||
21 | controlled
substance except as an agent of the euthanasia | ||||||
22 | agency.
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23 | (d) Upon termination from a euthanasia agency, a euthanasia | ||||||
24 | technician shall
not perform
animal euthanasia until he or she | ||||||
25 | is employed by another certified euthanasia
agency.
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26 | (e) A certified euthanasia technician or an instructor in |
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1 | an approved course
does not engage in the practice of
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2 | veterinary
medicine when performing duties set forth in this | ||||||
3 | Act.
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4 | (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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5 | (510 ILCS 72/36 new) | ||||||
6 | Sec. 36. Certificate issuance restrictions. The Department | ||||||
7 | shall not issue a certificate to any individual convicted in | ||||||
8 | Illinois of a forcible felony, a felony violation of the Humane | ||||||
9 | Care for Animals Act, a felony violation of Article 24 of the | ||||||
10 | Criminal Code of 1961, a felony violation of Class 3 or higher | ||||||
11 | of the Cannabis Control Act, a felony violation of Class 2 or | ||||||
12 | higher of the Methamphetamine Control and Community Prevention | ||||||
13 | Act, or any violation of Section 12-35 or 26-5 of the Criminal | ||||||
14 | Code of 1961, or convicted in another jurisdiction of the | ||||||
15 | United States of an offense substantially similar to any of the | ||||||
16 | specified Illinois offenses. | ||||||
17 | (510 ILCS 72/57)
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18 | Sec. 57. Procedures for euthanasia.
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19 | (a) Only euthanasia drugs and commercially compressed | ||||||
20 | carbon monoxide,
subject
to
the limitations imposed under | ||||||
21 | subsection (b) of this Section, shall be used for
the purpose
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22 | of humanely euthanizing injured, sick, homeless, or unwanted | ||||||
23 | companion animals
in an animal shelter or an animal control | ||||||
24 | facility licensed under the Illinois
Animal Welfare Act.
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1 | (b) (Blank). Commercially compressed carbon monoxide may | ||||||
2 | be used as a permitted
method of
euthanasia provided that it is | ||||||
3 | performed in a commercially manufactured chamber
pursuant to | ||||||
4 | the guidelines set forth in the most recent report of the AVMA
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5 | Panel on
Euthanasia.
A chamber that is designed to euthanize | ||||||
6 | more than one
animal at a
time must be equipped with | ||||||
7 | independent sections or cages to separate
incompatible
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8 | animals. The interior of the chamber must be well lit and | ||||||
9 | equipped with
view-ports, a
regulator, and a flow meter. | ||||||
10 | Monitoring equipment must be used at all times
during the
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11 | operation. Animals that are under 4 months of age, old, | ||||||
12 | injured, or sick
may not
be euthanized by carbon monoxide. | ||||||
13 | Animals shall remain in the chamber and
be exposed for
a | ||||||
14 | minimum of 20 minutes.
Staff members shall be fully notified of | ||||||
15 | potential health risks.
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16 | (c) Animals cannot be transported beyond State lines for | ||||||
17 | the sole purpose
of euthanasia unless the euthanasia methods | ||||||
18 | comply with subsection (a) or (b)
of this
Section and the | ||||||
19 | euthanasia is performed by a certified euthanasia technician .
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20 | (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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21 | (510 ILCS 72/65)
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22 | Sec. 65. Refused issuance, suspension , or revocation of | ||||||
23 | certification. The Department shall refuse to renew or shall | ||||||
24 | revoke a euthanasia technician certification and may impose a | ||||||
25 | fine not to exceed $1,000 for a certified euthanasia technician |
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1 | for any one or combination of the following reasons, each of | ||||||
2 | which is a violation of the Act: | ||||||
3 | (1) Failing to carry out any of the following duties of a | ||||||
4 | euthanasia technician: | ||||||
5 | (A) scanning for microchips or other identification | ||||||
6 | prior to euthanasia; | ||||||
7 | (B) maintaining the security of all controlled | ||||||
8 | substances and drugs; | ||||||
9 | (C) humanely euthanizing animals by intravenous | ||||||
10 | injection by hypodermic needle, intraperitoneal injection | ||||||
11 | by hypodermic needle, solutions or powder added to food or | ||||||
12 | by mouth, intracardiac injection only on comatose animals | ||||||
13 | by hypodermic needle; or | ||||||
14 | (D) verification of death by using a cardiac puncture | ||||||
15 | or stethoscope or by recognizing the signs of rigor mortis. | ||||||
16 | (2) Abusing the use of any controlled or illegal chemical | ||||||
17 | substance. | ||||||
18 | (3) Selling, stealing, or giving controlled or illegal | ||||||
19 | chemical substances away. | ||||||
20 | (4) Abetting anyone in the activities listed in this | ||||||
21 | Section. | ||||||
22 | (5) Violating any provision of the Illinois Animal Welfare | ||||||
23 | Act, the Illinois Humane Care for Animals Act, or the Illinois | ||||||
24 | Controlled Substances Act. | ||||||
25 | (6) Acting as a euthanasia technician outside of the scope | ||||||
26 | of his or her employment with a certified euthanasia agency or |
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1 | while not employed by a certified euthanasia agency. The | ||||||
2 | Department
may refuse to issue, renew, or restore a | ||||||
3 | certification or may revoke or suspend
a certification,
or | ||||||
4 | place on
probation, reprimand, impose a fine not to exceed | ||||||
5 | $1,000 for each violation, or
take other
disciplinary action as | ||||||
6 | the Department may deem proper with regard to a
certified | ||||||
7 | euthanasia agency or a
certified
euthanasia technician for any | ||||||
8 | one or combination of the following reasons:
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9 | (1) failing to carry out the duties of a euthanasia | ||||||
10 | technician;
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11 | (2) abusing the use of any chemical substance;
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12 | (3) selling, stealing, or giving chemical substances | ||||||
13 | away;
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14 | (4) abetting anyone in the activities listed in this | ||||||
15 | subsection; or
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16 | (5) violating any provision of this Act, the Illinois | ||||||
17 | Controlled
Substances
Act,
the rules adopted under these | ||||||
18 | Acts or any rules adopted by the Department
of Professional | ||||||
19 | Regulation concerning the euthanizing of animals.
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20 | (Source: P.A. 92-449, eff. 1-1-02.)
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21 | (510 ILCS 72/66 new) | ||||||
22 | Sec. 66. Refused issuance or revocation of euthanasia | ||||||
23 | agency certification. The Department shall refuse to renew or | ||||||
24 | shall revoke a euthanasia agency's certification and may impose | ||||||
25 | a fine not to exceed $1,000 for any one of the following |
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1 | reasons, each of which is a violation of the Act: | ||||||
2 | (1) Knowingly or willfully allowing a euthanasia | ||||||
3 | technician to perform any of the actions described in Section | ||||||
4 | 65 of this Act. | ||||||
5 | (2) Failing to the maintain the security of all controlled | ||||||
6 | substances and drugs. | ||||||
7 | (3) Allowing euthanasia to be performed by an individual | ||||||
8 | other than a certified euthanasia technician, a licensed | ||||||
9 | veterinarian, or an instructor. | ||||||
10 | (4) Failing to comply with the requirements of the Illinois | ||||||
11 | Food, Drug and Cosmetic Act; federal Food, Drug and Cosmetic | ||||||
12 | Act; federal Controlled Substances Act; or the Illinois | ||||||
13 | Controlled Substances Act.
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14 | (510 ILCS 72/90)
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15 | Sec. 90. Uncertified practice; civil penalty.
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16 | (a) A person who practices, offers to practice, attempts to | ||||||
17 | practice, or
holds
himself
or herself out as a certified | ||||||
18 | euthanasia technician or a certified euthanasia
agency without | ||||||
19 | being certified
under
this Act shall, in addition to any other | ||||||
20 | penalty provided by law, pay a civil
penalty
to the Department | ||||||
21 | in an amount not to exceed $5,000 for each offense as
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22 | determined by the Department. The civil penalty shall be | ||||||
23 | assessed by the
Department after a hearing is held in | ||||||
24 | accordance with the provisions set forth
in
this Act regarding | ||||||
25 | the provision of a hearing for the discipline of a certified
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1 | euthanasia technician or a certified euthanasia agency. The | ||||||
2 | civil penalty must
be paid within 60 days after
the
effective | ||||||
3 | date of the order imposing the civil penalty. The order shall
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4 | constitute a
judgment and may be filed and executed in the same | ||||||
5 | manner as any judgment
from any court of record.
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6 | (b) The Department may investigate any uncertified | ||||||
7 | activity.
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8 | (c) Instructors or licensed veterinarians teaching humane | ||||||
9 | euthanasia techniques
are exempt from the certification | ||||||
10 | process so long as they are currently licensed by another state | ||||||
11 | as a euthanasia technician or as a veterinarian .
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12 | (Source: P.A. 92-449, eff. 1-1-02.)
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13 | (510 ILCS 72/91 new) | ||||||
14 | Sec. 91. Criminal penalties. An individual, an agency, or a | ||||||
15 | technician who is found to have violated any one of the | ||||||
16 | following provisions of this Act is guilty of a Class A | ||||||
17 | misdemeanor: | ||||||
18 | (1) Euthanasia technician. Any violation of Section | ||||||
19 | 65. | ||||||
20 | (2) Euthanasia agency. An administrator, a director, a | ||||||
21 | manager, or a supervisor of a euthanasia agency who | ||||||
22 | knowingly or willfully violates Section 66. | ||||||
23 | (3) Personal. Any person who practices, offers to | ||||||
24 | practice, attempts to practice, or holds himself, herself, | ||||||
25 | or itself out as a certified euthanasia technician or a |
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1 | certified euthanasia agency without being certified under | ||||||
2 | this Act. | ||||||
3 | On conviction of a second or subsequent offense, the | ||||||
4 | violator is guilty of a Class 4 felony. The Department shall | ||||||
5 | refer any alleged violation of these provision for the purpose | ||||||
6 | of criminal investigation and prosecution to local law | ||||||
7 | enforcement or the Illinois State Police and to the State's | ||||||
8 | Attorney in the county within which the violation occurred. | ||||||
9 | The Department shall also refer any information it receives | ||||||
10 | that appears to violate the Humane Care for Animals Act for | ||||||
11 | criminal investigation and prosecution to the Illinois State | ||||||
12 | Police and to the State's Attorney in the county within which | ||||||
13 | the violation occurred.
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14 | (510 ILCS 72/165 rep.)
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15 | Section 15. The Humane Euthanasia in Animal Shelters Act is | ||||||
16 | amended by repealing Section 165.".
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