SB3127sam001 99TH GENERAL ASSEMBLY

Sen. Thomas Cullerton

Filed: 3/14/2016

09900SB3127sam001 LRB099 20680 SLF 45979 a

AMENDMENT TO SENATE BILL 3127

AMENDMENT NO. ______. Amend Senate Bill 3127 by replacing everything after the enacting clause with the following:

"Section 1. The State Finance Act is amended by adding Section 5.875 as follows:

(30 ILCS 105/5.875 new)

Sec. 5.875. The Animal Abuse Registry Fund.

Section 5. The Humane Care for Animals Act is amended by adding Section 4.02b as follows:

(510 ILCS 70/4.02b new)

Sec. 4.02b. Animal abuse registry.

(a) The following persons shall register with the county sheriff for the county in which the person is located for 7 years following the conviction:

(1) Persons convicted of any of the following offenses:

(A) Aggravated cruelty, as defined in Section 3.02 of this Act.

(B) A violation involving animals for entertainment under Section 4.01 of this Act.

(C) Dog fighting, under Section 48-1 of the Criminal Code of 2012.

(2) Persons currently residing in this State who have been convicted of offenses similar to the crimes cited in paragraph (1) of this subsection (a) under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the commonwealth of Puerto Rico, or a foreign nation.

(a-5) An initial registration fee of $50 shall be due at the time of registration. For every subsequent renewal registration, a fee of $25 shall be due. For each fee collected, $2 shall be retained by the sheriff for the administrative costs of the registry. The rest of the funds collected shall be transmitted to the State Treasurer for deposit into the Animal Abuse Registry Fund. A special fund in the State treasury is hereby created which shall be known as the Animal Abuse Registry Fund. Monies in the Fund shall be appropriated to the Department of State Police to cover costs in the administration of the Animal Abuse Registry.

(b) A person with 2 or more convictions of any of the offenses set forth in subsection (a) shall be subject to registration for 10 years.

(c) An offender or repeat offender following release from incarceration, upon parole or mandatory supervised release from a correctional institution, or upon commencement of immediate punishment or probation that results from a conviction for an offense listed under subsection (a) who is located within the boundaries of this State for more than 30 consecutive days, shall register with the county sheriff for the county in which the offender or repeat offender is located before the end of the 31st day.

(d) An offender or repeat offender who is currently registered in the county of the offender's previous location within this State shall reregister with the county sheriff for the county in which the offender or repeat offender is now located no later than 30 days after moving to the new location in this State.

(e) Following the initial registration under this Section, an offender shall annually renew the registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of 7 years. Following the initial registration under this Section, 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.

(f) The offender or repeat offender shall provide the county sheriff with the following information:

(1) Legal name and any other names or aliases that the offender uses or has used.

(2) Date of birth.

(3) Current address or location.

(4) The county or counties in this State where the offender is registered under this Section.

(g) The county sheriff shall obtain the following from the offender or repeat offender:

(1) A photograph of the offender.

(2) A description of any tattoos, scars, or other distinguishing features on the offender's body that would assist in identifying the offender.

(h) For registration renewal, the offender or repeat offender shall provide updated information for the required information contained in subsections (f) and (g).

(i) The county sheriff shall establish and maintain a local registry of offenders in the sheriff's jurisdiction to be known as the local animal abuse registry. The sheriff shall be responsible for forwarding all registration information to the Department of State Police. After the required period of registration, the personal information of the offender or repeat offender shall be removed from the local animal abuse registry.

(j) The Department of State Police shall establish and maintain a central registry of offenders required to register under this Section to be known as the central animal abuse registry. Information contained in the central animal abuse registry of offenders shall be made available to the public through the internet and telephone. All of the information contained in an offender's registration shall be made available to the public. Records of each registration shall be maintained for the period that an offender or repeat offender is required to be registered. After the required period of registration, the personal information of the offender or repeat offender shall be removed from the central animal abuse registry.

An individual may use the information contained in the central animal abuse registry and the local animal abuse registry for protecting animals at risk of abuse.

(k) The sentencing court shall inform offenders and repeat offenders at the time of sentencing of the provisions of this Section. The court shall:

(1) Specifically inform the offender of the duty to register and provide the information required for registration.

(2) Specifically inform the offender of the duty to inform the county sheriff within 30 days if the offender or repeat offender changes residence or establishes an additional residence or residences.

(3) Require the offender to read and sign a form stating that the duty to register under this Section has been provided in writing and has been explained. If the offender is incapable of reading, the court shall certify the duty to register was explained to the offender and the offender indicated an understanding of the duty.

(l) An individual who is subject to registration under this Section commits an offense if he or she knowingly fails to:

(1) Register or reregister with the county sheriff as required under this Section.

(2) Provide accurate information when registering under this Section.

A person subject to registration under this Section who violates this Section is guilty of a Class 3 felony for the first offense and a Class 2 felony for a second or subsequent offense.

Section 99. Effective date. This Act takes effect upon becoming law.".