Illinois General Assembly - Full Text of Public Act 096-0185
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Public Act 096-0185


 

Public Act 0185 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0185
 
HB0934 Enrolled LRB096 03080 RLC 13096 b

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

Effective Date: 1/1/2010