Full Text of HB3725 102nd General Assembly
HB3725 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3725 Introduced 2/22/2021, by Rep. Tom Demmer SYNOPSIS AS INTRODUCED: |
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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. Provides that misrepresentation of a service animal is a petty offense. Defines "service animal".
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| | A BILL FOR |
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| | | HB3725 | | LRB102 13909 KMF 19260 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by adding | 5 | | Section 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 | 9 | | miniature horse that is trained to do work or perform tasks for | 10 | | the benefit of a person with a disability, including a | 11 | | physical, sensory, psychiatric, intellectual, or other mental | 12 | | disability. The work or tasks performed by the animal must be | 13 | | directly related to the person's disability, including, but | 14 | | not limited to, assisting a person who is visually impaired | 15 | | with navigation and other tasks, alerting a person who is deaf | 16 | | or hard of hearing to the presence of people or sounds, | 17 | | providing nonviolent protection or rescue work, pulling a | 18 | | wheelchair, assisting a person during a seizure, alerting a | 19 | | person to the presence of allergens, retrieving items such as | 20 | | medicine or the telephone, providing physical support and | 21 | | assistance with balance and stability to a person with | 22 | | mobility disabilities, or helping a person with psychiatric | 23 | | and neurological disabilities by preventing or interrupting |
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| 1 | | impulsive or disruptive behaviors. Work or tasks do not | 2 | | include the animal's presence as a deterrent for criminal | 3 | | activity, emotional support, well-being, comfort, or | 4 | | companionship. | 5 | | (b) A person commits misrepresentation of a service animal | 6 | | when he or she knowingly represents, expressly or impliedly, | 7 | | that the animal is a service animal for the purpose of securing | 8 | | the rights and privileges afforded to a person with a | 9 | | disability accompanied by a service animal and the person knew | 10 | | or should have known that the animal is not a service animal. | 11 | | (c) The refusal to answer questions from a law enforcement | 12 | | officer permitted under subsection (f) of 28 CFR 35.136 | 13 | | creates a permissive inference that the animal is not a | 14 | | service animal and the law enforcement officer may require the | 15 | | person to remove the animal from the place of public | 16 | | accommodation. | 17 | | (d) Sentence. Misrepresentation of a service animal is a | 18 | | petty offense.
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