HB3226 102ND GENERAL ASSEMBLY

LRB102 13057 KMF 18400 b

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.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as Gander's Law.

Section 5. The Humane Care for Animals Act is amended by changing Section 2.01c as follows:

(510 ILCS 70/2.01c)

Sec. 2.01c. Service animal. "Service animal" has the meaning ascribed to it in Section 48-4.5 of the Criminal Code of 2012 means an animal trained in obedience and task skills to meet the needs of a person with a disability.

(Source: P.A. 99-143, eff. 7-27-15.)

Section 10. The Criminal Code of 2012 is amended by changing Section 48-8 and by adding Section 48-4.5 as follows:

(720 ILCS 5/48-4.5 new)

Sec. 48-4.5. Misrepresentation of a service animal.

(a) In this Section, "service animal" means a dog or miniature horse that is trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the animal must be directly related to the person's disability including, but not limited to, assisting a person who is visually impaired with navigation and other tasks, alerting a person who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting a person during a seizure, alerting a person to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to a person with mobility disabilities, or helping a person with psychiatric and neurological disabilities by preventing or interrupting impulsive or disruptive behaviors, non-aggressive clearing of rooms, or blocking to provide safe space or passage for veterans or other trauma survivors. Work or tasks do not include the animal's presence as a deterrent for criminal activity, emotional support, well-being, comfort, or companionship.

(b) A person commits misrepresentation of a service animal when:

(1) 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;

(2) the person was previously given a written or verbal warning regarding the fact that it is illegal to misrepresent an animal as a service animal; and

(3) the person knows that the animal is not a service animal.

(c) 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. The person remains responsible for ensuring the safety and well-being of the animal.

(d) Sentence. Misrepresentation of a service animal is a petty offense.

(720 ILCS 5/48-8)

Sec. 48-8. Service animal access.

(a) When a person with a physical, mental, or intellectual disability requiring the use of a service animal is accompanied by a service animal or when a trainer of a service animal is accompanied by a service animal, neither the person nor the service animal shall be denied the right of entry and use of facilities of any public place of accommodation as defined in Section 5-101 of the Illinois Human Rights Act.

For the purposes of this Section, "service animal" has the meaning ascribed to it in Section 48-4.5. means a dog or miniature horse trained or being trained as a hearing animal, a guide animal, an assistance animal, a seizure alert animal, a mobility animal, a psychiatric service animal, an autism service animal, or an animal trained for any other physical, mental, or intellectual disability. "Service animal" includes a miniature horse that a public place of accommodation shall make reasonable accommodation so long as the public place of accommodation takes into consideration: (1) the type, size, and weight of the miniature horse and whether the facility can accommodate its features; (2) whether the handler has sufficient control of the miniature horse; (3) whether the miniature horse is housebroken; and (4) whether the miniature horse's presence in the facility compromises legitimate safety requirements necessary for operation.

(b) A person who knowingly violates this Section commits a petty offense Class C misdemeanor.

(Source: P.A. 97-1108, eff. 1-1-13; incorporates 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.)