101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3088

 

Introduced 2/6/2020, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.930 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

 

SB3088LRB101 17650 CMG 67077 b

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 5.930 as follows:
 
6    (30 ILCS 105/5.930 new)
7    Sec. 5.930. 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 offenses:
16            (A) Aggravated cruelty, as defined in Section 3.02
17        of this Act.
18            (B) A violation involving animals for
19        entertainment under Section 4.01 of this Act.
20            (C) Dog fighting, under Section 48-1 of the
21        Criminal Code of 2012.

 

 

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1        (2) Persons currently residing in this State who have
2    been convicted of offenses similar to the crimes cited in
3    paragraph (1) of this subsection (a) under the laws of the
4    United States or one of its territories or possessions,
5    another state, the District of Columbia, the commonwealth
6    of Puerto Rico, or a foreign nation.
7    (a-5) An initial registration fee of $50 shall be due at
8the time of registration. For every subsequent renewal
9registration, a fee of $25 shall be due. For each fee
10collected, $2 shall be retained by the sheriff for the
11administrative costs of the registry. The rest of the funds
12collected shall be transmitted to the State Treasurer for
13deposit into the Animal Abuse Registry Fund. A special fund in
14the State treasury is hereby created which shall be known as
15the Animal Abuse Registry Fund. Monies in the Fund shall be
16appropriated to the Illinois State Police to cover costs in the
17administration of the Animal Abuse Registry.
18    (b) A person with 2 or more convictions of any of the
19offenses set forth in subsection (a) shall be subject to
20registration for 10 years.
21    (c) An offender or repeat offender following release from
22incarceration, upon parole or mandatory supervised release
23from a correctional institution, or upon commencement of
24immediate punishment or probation that results from a
25conviction for an offense listed under subsection (a) who is
26located within the boundaries of this State for more than 30

 

 

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1consecutive days, shall register with the county sheriff for
2the county in which the offender or repeat offender is located
3before the end of the 31st day.
4    (d) An offender or repeat offender who is currently
5registered in the county of the offender's previous location
6within this State shall reregister with the county sheriff for
7the county in which the offender or repeat offender is now
8located no later than 30 days after moving to the new location
9in this State.
10    (e) Following the initial registration under this Section,
11an offender shall annually renew the registration with the
12county sheriff prior to December 31 of each subsequent calendar
13year for a period of 7 years. Following the initial
14registration under this Section, a repeat offender shall
15annually renew the registration with the county sheriff prior
16to December 31 of each subsequent calendar year for a period of
1710 years.
18    (f) The offender or repeat offender shall provide the
19county sheriff with the following information:
20        (1) Legal name and any other names or aliases that the
21    offender uses or has used.
22        (2) Date of birth.
23        (3) Current address or location.
24        (4) The county or counties in this State where the
25    offender is registered under this Section.
26    (g) The county sheriff shall obtain the following from the

 

 

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

 

 

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

 

 

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