Full Text of SB3576 100th General Assembly
SB3576 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3576 Introduced 2/16/2018, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Provides a that person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of dog fighting, a felony violation of Deadly Weapons Article of the Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act, shall not knowingly own, possess, have custody of, or reside in a residence with any dog weighing more than 20 pounds for a period of 10 years commencing upon the release of the person from incarceration.
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| | A BILL FOR |
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| | | SB3576 | | LRB100 18044 SLF 33233 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 changing | 5 | | Section 12-36 as follows: | 6 | | (720 ILCS 5/12-36) | 7 | | Sec. 12-36. Possession of unsterilized or vicious dogs by | 8 | | 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 | | or 48-1 of this Code, a felony violation of Article 24 of this | 14 | | Code, a felony violation of Class 3 or higher of the Illinois | 15 | | Controlled Substances Act, a felony violation of Class 3 or | 16 | | higher of the Cannabis Control Act, or a felony violation of | 17 | | Class 2 or higher of the Methamphetamine Control and Community | 18 | | Protection Act, to knowingly own, possess, have custody of, or | 19 | | reside in a residence with, either: | 20 | | (1) an unspayed or unneutered dog or puppy older than | 21 | | 12 weeks of age; or | 22 | | (1.5) any dog weighing more than 20 pounds; or | 23 | | (2) irrespective of whether the dog has been spayed or |
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| 1 | | neutered, any dog that has been determined to be a vicious | 2 | | dog under Section 15 of the Animal Control Act. | 3 | | (b) Any dog owned, possessed by, or in the custody of a | 4 | | person convicted of a felony, as described in subsection (a), | 5 | | must be microchipped for permanent identification. | 6 | | (c) Sentence. A person who violates this Section is guilty | 7 | | of a Class A misdemeanor. | 8 | | (d) It is an affirmative defense to prosecution under this | 9 | | Section that the dog in question is neutered or spayed, or that | 10 | | the dog in question was neutered or spayed within 7 days of the | 11 | | defendant being charged with a violation of this Section. | 12 | | Medical records from, or the certificate of, a doctor of | 13 | | veterinary medicine licensed to practice in the State of | 14 | | Illinois who has personally examined or operated upon the dog, | 15 | | unambiguously indicating whether the dog in question has been | 16 | | spayed or neutered, shall be prima facie true and correct, and | 17 | | shall be sufficient evidence of whether the dog in question has | 18 | | been spayed or neutered. This subsection (d) is not applicable | 19 | | to any dog that has been determined to be a vicious dog under | 20 | | Section 15 of the Animal Control Act.
| 21 | | (Source: P.A. 96-185, eff. 1-1-10; 97-1108, eff. 1-1-13.)
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