SB1801 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1801

 

Introduced 2/26/2021, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.935 new
510 ILCS 70/4.02a new

    Amends the Humane Care for Animals Act. Provides that a person convicted of aggravated cruelty, a violation involving animals for entertainment, and dog fighting and a person convicted of similar offenses in another jurisdiction shall register with the county sheriff for 7 years following his or her conviction. Provides that a person with 2 or more convictions of these offenses is subject to registration for 10 years. Provides that following the initial registration, a repeat offender shall annually renew the registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of 10 years. Creates the Animal Abuse Registry Fund to cover costs in the administration of the Animal Abuse Registry. Provides that the rest of the funds collected shall be transmitted to the State Treasurer for deposit into the Animal Abuse Registry Fund. Provides that after the required period of registration, the personal information of the offender or repeat offender shall be removed from the local and central animal abuse registry. Makes conforming changes to the State Finance Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.935 as follows:
 
6    (30 ILCS 105/5.935 new)
7    Sec. 5.935. The Animal Abuse Registry Fund.
 
8    Section 10. The Humane Care for Animals Act is amended by
9adding Section 4.02a as follows:
 
10    (510 ILCS 70/4.02a new)
11    Sec. 4.02a. Animal abuse registry.
12    (a) The following persons shall register with the county
13sheriff for the county in which the person is located for 7
14years following the conviction:
15        (1) Persons convicted of any of the following
16    offenses:
17            (A) Aggravated cruelty, as defined in Section 3.02
18        of this Act.
19            (B) A violation involving animals for
20        entertainment under Section 4.01 of this Act.
21            (C) Dog fighting, under Section 48-1 of the

 

 

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1        Criminal Code of 2012.
2        (2) Persons currently residing in this State who have
3    been convicted of offenses similar to the crimes cited in
4    paragraph (1) of this subsection (a) under the laws of the
5    United States or one of its territories or possessions,
6    another state, the District of Columbia, the commonwealth
7    of Puerto Rico, or a foreign nation.
8    (a-5) An initial registration fee of $50 shall be due at
9the time of registration. For every subsequent renewal
10registration, a fee of $25 shall be due. For each fee
11collected, $2 shall be retained by the sheriff for the
12administrative costs of the registry. The rest of the funds
13collected shall be transmitted to the State Treasurer for
14deposit into the Animal Abuse Registry Fund. A special fund in
15the State treasury is hereby created which shall be known as
16the Animal Abuse Registry Fund. Monies in the Fund shall be
17appropriated to the Illinois State Police to cover costs in
18the administration of the Animal Abuse Registry.
19    (b) A person with 2 or more convictions of any of the
20offenses set forth in subsection (a) shall be subject to
21registration for 10 years.
22    (c) An offender or repeat offender following release from
23incarceration, upon parole or mandatory supervised release
24from a correctional institution, or upon commencement of
25immediate punishment or probation that results from a
26conviction for an offense listed under subsection (a) who is

 

 

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1located within the boundaries of this State for more than 30
2consecutive days, shall register with the county sheriff for
3the county in which the offender or repeat offender is located
4before the end of the 31st day.
5    (d) An offender or repeat offender who is currently
6registered in the county of the offender's previous location
7within this State shall reregister with the county sheriff for
8the county in which the offender or repeat offender is now
9located no later than 30 days after moving to the new location
10in this State.
11    (e) Following the initial registration under this Section,
12an offender shall annually renew the registration with the
13county sheriff prior to December 31 of each subsequent
14calendar year for a period of 7 years. Following the initial
15registration under this Section, a repeat offender shall
16annually renew the registration with the county sheriff prior
17to December 31 of each subsequent calendar year for a period of
1810 years.
19    (f) The offender or repeat offender shall provide the
20county sheriff with the following information:
21        (1) Legal name and any other names or aliases that the
22    offender uses or has used.
23        (2) Date of birth.
24        (3) Current address or location.
25        (4) The county or counties in this State where the
26    offender is registered under this Section.

 

 

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1    (g) The county sheriff shall obtain the following from the
2offender or repeat offender:
3        (1) A photograph of the offender.
4        (2) A description of any tattoos, scars, or other
5    distinguishing features on the offender's body that would
6    assist in identifying the offender.
7    (h) For registration renewal, the offender or repeat
8offender shall provide updated information for the required
9information contained in subsections (f) and (g).
10    (i) The county sheriff shall establish and maintain a
11local registry of offenders in the sheriff's jurisdiction to
12be known as the local animal abuse registry. The sheriff shall
13be responsible for forwarding all registration information to
14the Illinois State Police. After the required period of
15registration, the personal information of the offender or
16repeat offender shall be removed from the local animal abuse
17registry.
18    (j) The Illinois State Police shall establish and maintain
19a central registry of offenders required to register under
20this Section to be known as the central animal abuse registry.
21Information contained in the central animal abuse registry of
22offenders shall be made available to the public through the
23Internet and telephone. All of the information contained in an
24offender's registration shall be made available to the public.
25Records of each registration shall be maintained for the
26period that an offender or repeat offender is required to be

 

 

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1registered. After the required period of registration, the
2personal information of the offender or repeat offender shall
3be removed from the central animal abuse registry.
4    An individual may use the information contained in the
5central animal abuse registry and the local animal abuse
6registry for protecting animals at risk of abuse.
7    (k) The sentencing court shall inform offenders and repeat
8offenders at the time of sentencing of the provisions of this
9Section. The court shall:
10        (1) Specifically inform the offender of the duty to
11    register and provide the information required for
12    registration.
13        (2) Specifically inform the offender of the duty to
14    inform the county sheriff within 30 days if the offender
15    or repeat offender changes residence or establishes an
16    additional residence or residences.
17        (3) Require the offender to read and sign a form
18    stating that the duty to register under this Section has
19    been provided in writing and has been explained. If the
20    offender is incapable of reading, the court shall certify
21    the duty to register was explained to the offender and the
22    offender indicated an understanding of the duty.
23    (l) An individual who is subject to registration under
24this Section commits an offense if he or she knowingly fails
25to:
26        (1) Register or reregister with the county sheriff as

 

 

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1    required under this Section.
2        (2) Provide accurate information when registering
3    under this Section.
4    A person subject to registration under this Section who
5violates this Section is guilty of a Class 3 felony for the
6first offense and a Class 2 felony for a second or subsequent
7offense.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.