Illinois General Assembly - Full Text of HB4188
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Full Text of HB4188  98th General Assembly

HB4188 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4188

 

Introduced , by Rep. Maria Antonia Berrios

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.855 new
510 ILCS 70/19 new

    Amends the State Finance Act. Creates the Animal Abuse Registry Fund. Amends the Humane Care for Animals Act. Provides that the Department of Agriculture shall create and maintain an animal abuse registry. Provides that any person 18 years of age or older that resides in or is domiciled in this State that has been convicted of cruel treatment, aggravated cruelty, or animal torture shall register with the Department of Agriculture within 30 calendar days after the date of conviction to be placed on the animal abuse registry. Failure to register is a Class B misdemeanor for a first offense and a Class 4 felony for a subsequent violation. Prohibits a registered person from owning a companion animal or being employed at an animal shelter, pound, pet shop, zoo, or other business where companion animals are present.


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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 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Animal Abuse Registry Fund.
 
8    Section 10. The Humane Care for Animals Act is amended by
9adding Section 19 as follows:
 
10    (510 ILCS 70/19 new)
11    Sec. 19. Animal abuse registry.
12    (a) The Department shall create and maintain the animal
13abuse registry. Any person 18 years of age or older that
14resides in or is domiciled in this State that has been
15convicted of a violation of Sections 3.01, 3.02, or 3.03 of
16this Act shall register with the Department within 30 calendar
17days after the date of conviction to be placed on the animal
18abuse registry.
19    (b) Upon entering a conviction for a violation of Sections
203.01, 3.02, or 3.03 of this Act, the presiding judge shall
21notify the convicted individual of that individual's

 

 

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1requirement to register under this Section. The clerk of the
2court shall send notice of the conviction and the individual's
3name, date of birth, address, and offense for which he or she
4has been convicted to the Department.
5    (c) Any person required to register under this Section
6shall provide to the Department his or her name, date of birth,
7address, and the offense for which he or she has been
8convicted.
9    (d) Any person required to register under this Section
10shall register annually, and shall continue to register until
11that person receives a court order ordering that the
12registration cease. No court order removing the requirement for
13registration shall be issued until the registrant first
14demonstrates to the court that he or she has undergone
15psychiatric or psychological testing, the result of which
16indicates by clear and convincing evidence his or her capable
17and sound mental capacity and ability to own and properly care
18for an animal in a humane manner. Any person required to
19register under this Section shall notify the Department of any
20name or address change.
21    (e) Any person required to register under this Section
22shall not own a companion animal or have employment at an
23animal shelter, pound, pet shop, zoo, or other business
24establishment where companion animals are present.
25    (f) The animal abuse registry database shall be publicly
26accessible and indexed by name, date of birth, and address. The

 

 

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1registry shall include the offense for which the registrant has
2been convicted.
3    (g) The Animal Abuse Registry Fund is created as a special
4fund in the State Treasury. Any person required to register
5under this Section shall, in addition to any penalty authorized
6by law, pay a mandatory annual fee of $50 to the Department.
7The annual fee shall be deposited into the Animal Abuse
8Registry Fund to be used by the Department for establishing and
9maintaining the animal abuse registry. The Department shall
10establish procedures to document receipt and use of the funds.