Full Text of HB0934 96th General Assembly
HB0934enr 96TH GENERAL ASSEMBLY
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HB0934 Enrolled |
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LRB096 03080 RLC 13096 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 12-36 as follows: | 6 |
| (720 ILCS 5/12-36) | 7 |
| Sec. 12-36. Possession of unsterilized or vicious certain | 8 |
| dogs by felons prohibited. | 9 |
| (a) For a period of 10 years commencing upon the release of | 10 |
| a person from incarceration, it is unlawful for a person | 11 |
| convicted of a forcible felony, a felony violation of the | 12 |
| Humane Care for Animals Act, a felony violation of Section 26-5 | 13 |
| of this Code, a felony violation of Article 24 of this Code the | 14 |
| Criminal Code of 1961 , a felony violation of Class 3 or higher | 15 |
| of the Illinois Controlled Substances Act, a felony violation | 16 |
| of Class 3 or higher of the Cannabis Control Act, or a felony | 17 |
| violation of Class 2 or higher of the Methamphetamine Control | 18 |
| and Community Protection Act, to knowingly own, possess, have | 19 |
| custody of, or reside in a residence with, either: | 20 |
| (1) an unspayed or unneutered dog or puppy older than | 21 |
| 12 weeks of age; or | 22 |
| (2) irrespective of whether the dog has been spayed or | 23 |
| neutered, any dog that has been determined to be a vicious |
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HB0934 Enrolled |
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LRB096 03080 RLC 13096 b |
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| dog under Section 15 of the Animal Control Act. | 2 |
| (b) Any dog owned, possessed by, or in the custody of a | 3 |
| person convicted of a felony, as described in subsection (a), | 4 |
| must be microchipped for permanent identification. | 5 |
| (c) Sentence. A person who violates this Section is guilty | 6 |
| of a Class A misdemeanor. | 7 |
| (d) It is an affirmative defense to prosecution under this | 8 |
| Section that the dog in question is neutered or spayed, or that | 9 |
| the dog in question was neutered or spayed within 7 days of the | 10 |
| defendant being charged with a violation of this Section. | 11 |
| Medical records from, or the certificate of, a doctor of | 12 |
| veterinary medicine licensed to practice in the State of | 13 |
| Illinois who has personally examined or operated upon the dog, | 14 |
| unambiguously indicating whether the dog in question has been | 15 |
| spayed or neutered, shall be prima facie true and correct, and | 16 |
| shall be sufficient evidence of whether the dog in question has | 17 |
| been spayed or neutered. This subsection (d) is not applicable | 18 |
| to any dog that has been determined to be a vicious dog under | 19 |
| Section 15 of the Animal Control Act.
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| (Source: P.A. 94-818, eff. 1-1-07.)
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