Full Text of SB0038 96th General Assembly
SB0038 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0038
Introduced 1/30/2009, by Sen. Heather Steans SYNOPSIS AS INTRODUCED: |
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Amends the Humane Care for Animals Act. Provides that the euthanasia of companion animals
through recognized methods "set forth by the most current American Veterinary Medical Association guidelines on euthanasia" (now, "as approved by the Department of Agriculture") is generally not animal cruelty. Prohibits the euthanasia of companion animals by certain means. Amends the Humane Euthanasia in Animal Shelters Act. Requires the Department to forward information regarding certain alleged violations to (i) the State's Attorney of the county where the violation occurred and (ii) a local law enforcement office or the Illinois State Police. Requires euthanasia technicians to meet an additional requirement before being certified and to perform an additional duty once certified. Prohibits persons who have been convicted of or have pled guilty or no contest to certain offenses from being issued a certificate to euthanize animals. Provides that only euthanasia drugs shall be used for
the purpose
of humanely euthanizing injured, sick, homeless, or unwanted companion animals
in an animal shelter or an animal control facility licensed under the Illinois
Animal Welfare Act (now, those animals may be euthanized by other means, including compressed carbon monoxide). Authorizes the Department to refuse to issue, renew, or restore a certification; revoke or suspend
a certification;
place on
probation; reprimand; or impose a $10,000 fine (now $1,000 fine) for listed activities. Adds certain activities to that list. Creates criminal penalties for certain violations. Repeals a Section concerning criminal penalties.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB0038 |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Humane Care for Animals Act is amended by | 5 |
| changing Section 3.02 as follows:
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| (510 ILCS 70/3.02)
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| Sec. 3.02. Aggravated cruelty. A No person must not may | 8 |
| intentionally
commit an act that causes a companion animal to | 9 |
| suffer serious injury or
death. Aggravated cruelty generally | 10 |
| does not include euthanasia of a companion animal
through | 11 |
| recognized methods set forth in the most current American | 12 |
| Veterinary Medical Association guidelines on euthanasia; | 13 |
| however, a person who, by unauthorized methods, either | 14 |
| knowingly euthanizes a companion animal or knowingly | 15 |
| authorizes the euthanasia of a companion animal violates this | 16 |
| Section 3.02. For the purposes of this Section 3.02, | 17 |
| unauthorized methods include any one or more of the following | 18 |
| methods: electrocution, decapitation, pithing, thoracic | 19 |
| compression, exsanguination, microwave irradiation, | 20 |
| incapacitation with a penetrating captive bolt, cervical | 21 |
| dislocation, or asphyxiation with carbon dioxide, carbon | 22 |
| monoxide, nitrogen, or argon. approved by the Department of | 23 |
| Agriculture.
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| A person convicted of violating Section 3.02 is guilty of a | 2 |
| Class 4
felony. A second or subsequent violation is a Class 3 | 3 |
| felony. In addition to
any other penalty provided by law, upon | 4 |
| conviction for violating this Section,
the court may order the | 5 |
| convicted person to undergo a psychological or
psychiatric | 6 |
| evaluation and to undergo any treatment at the convicted | 7 |
| person's
expense that the court determines to be appropriate | 8 |
| after due consideration of
the evaluation. If the convicted | 9 |
| person is a juvenile or a companion animal
hoarder, the court | 10 |
| must order the convicted person to undergo a psychological
or | 11 |
| psychiatric evaluation and to undergo treatment that the court | 12 |
| determines to
be appropriate after due consideration of the | 13 |
| evaluation.
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| (Source: P.A. 92-650, eff. 7-11-02.)
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| Section 10. The Humane Euthanasia in Animal Shelters Act is | 16 |
| amended by changing Sections 15, 35, 57, 65, and 90 and by | 17 |
| adding Sections 42 and 93 as follows:
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| (510 ILCS 72/15)
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| Sec. 15. Powers and duties of the Department.
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| (a) The Department shall exercise the powers and duties | 21 |
| prescribed by the
Civil
Administrative Code of Illinois for the | 22 |
| administration of licensure Acts and
shall
exercise other | 23 |
| powers and duties necessary for effectuating the purposes of
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| this
Act.
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| (b) The Department may adopt rules to administer and | 2 |
| enforce this Act
including, but
not limited to, setting fees | 3 |
| for original certification and renewal and
restoration of
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| certification and any other administrative fees, and may | 5 |
| prescribe forms to be
issued to implement this Act. At
a
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| minimum, the rules adopted by the Department shall include | 7 |
| standards and
criteria for certification and for professional | 8 |
| conduct and discipline.
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| (c) The Department shall, for the purpose of criminal | 10 |
| investigation and prosecution, forward any information | 11 |
| regarding an alleged violation of this Act or the Humane Care | 12 |
| for Animals Act to (i) the State's Attorney of the county where | 13 |
| the alleged violation occurred and (ii) to a local law | 14 |
| enforcement office or the Illinois State Police. | 15 |
| (Source: P.A. 92-449, eff. 1-1-02.)
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| (510 ILCS 72/35)
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| Sec. 35. Technician certification; duties.
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| (a) An applicant for certification as a euthanasia | 19 |
| technician shall file an
application with the Department and | 20 |
| shall:
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| (1) Be 18 years of age.
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| (2) Be of good moral character. In determining moral | 23 |
| character under this
Section, the Department may take into | 24 |
| consideration whether the applicant has
engaged in conduct | 25 |
| or activities that would constitute grounds for discipline
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| under this Act.
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| (3) Each applicant for certification as a euthanasia | 3 |
| technician shall
have his or her fingerprints submitted to | 4 |
| the Department of State Police in an
electronic format that | 5 |
| complies with the form and manner for requesting and
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| furnishing criminal history record information as | 7 |
| prescribed by the Department
of State Police. These | 8 |
| fingerprints shall be checked against the Department of
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| State Police and Federal Bureau of Investigation criminal | 10 |
| history record
databases now and hereafter filed. The | 11 |
| Department of State Police shall charge
applicants a fee | 12 |
| for conducting the criminal history records check, which | 13 |
| shall
be deposited in the State Police Services Fund and | 14 |
| shall not exceed the actual
cost of the records check. The | 15 |
| Department of State Police shall furnish,
pursuant to | 16 |
| positive identification, records of Illinois convictions | 17 |
| to the
Department.
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| (4) Hold a license or certification from the American | 19 |
| Humane
Association, the National Animal Control | 20 |
| Association, the Illinois Federation
of Humane Societies, | 21 |
| or the Humane Society of the United States issued within
3 | 22 |
| years preceding the date of application.
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| For a period of 12 months after the adoption of final | 24 |
| administrative rules
for this Act, the Department may issue | 25 |
| a certification to an applicant who
holds a license or | 26 |
| certification from the American Humane Association, the
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| National Animal Control Association, the Illinois | 2 |
| Federation of Humane
Societies, or the Humane Society of | 3 |
| the United States issued after January 1,
1997.
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| (5) Pay the required fee.
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| (6) Prove to the satisfaction of the Department that | 6 |
| the applicant has attended within 5 years preceding the | 7 |
| date of application a class or seminar that (i) provides | 8 |
| students with information about humane animal euthanasia | 9 |
| methods and practical advice about coping with compassion | 10 |
| fatigue and (ii) is administered by the American Humane | 11 |
| Association, the National Animal Control Association, the | 12 |
| Illinois Federation of Humane Societies, or the Humane | 13 |
| Society of the United States. | 14 |
| (b) The duties of a euthanasia technician shall include but | 15 |
| are not limited
to:
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| (1) verifying animal identification by scanning for | 17 |
| microchips and searching for other forms of identification | 18 |
| prior to euthanasia preparing animals for euthanasia and | 19 |
| scanning each animal, prior to
euthanasia, for microchips ;
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| (2) accurately recording the dosages administered and | 21 |
| the amount of drugs
wasted;
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| (3) ordering supplies;
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| (4) maintaining the security of all controlled | 24 |
| substances and drugs;
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| (5) humanely euthanizing animals via intravenous | 26 |
| injection by hypodermic
needle, intraperitoneal injection |
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| by hypodermic needle, solutions or
powder added to food or | 2 |
| by mouth, or intracardiac injection (but only on comatose
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| animals ) by hypodermic needle , or carbon monoxide in a | 4 |
| commercially manufactured
chamber ; and
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| (6) properly disposing of euthanized animals after | 6 |
| verification of death.
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| (c) A euthanasia technician employed by a euthanasia agency | 8 |
| may perform
euthanasia by the administration of a Schedule II
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| or Schedule III nonnarcotic controlled
substance. A euthanasia
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| technician may not personally possess, order, or administer a | 11 |
| controlled
substance except as an agent of the euthanasia | 12 |
| agency.
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| (d) Upon termination from a euthanasia agency, a euthanasia | 14 |
| technician shall
not perform
animal euthanasia until he or she | 15 |
| is employed by another certified euthanasia
agency.
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| (e) A certified euthanasia technician or an instructor in | 17 |
| an approved course
does not engage in the practice of
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| veterinary
medicine when performing duties set forth in this | 19 |
| Act.
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| (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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| (510 ILCS 72/42 new) | 22 |
| Sec. 42. Certificate issuance restrictions. | 23 |
| (a) The Department must not issue a certificate to a person | 24 |
| who, in Illinois circuit court, has been convicted of or has | 25 |
| pled guilty or no contest to any one or more of the following |
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| offenses: | 2 |
| (1) A forcible felony under the Criminal Code of 1961. | 3 |
| (2) A felony violation of Article 24 of the Criminal | 4 |
| Code of 1961. | 5 |
| (3) A violation of Section 12-35 of the Criminal Code | 6 |
| of 1961. | 7 |
| (4) A violation of Section 26-5 of the Criminal Code of | 8 |
| 1961. | 9 |
| (5) A felony violation of the Humane Care for Animals | 10 |
| Act. | 11 |
| (6) A Class 3 or greater felony violation of the | 12 |
| Cannabis Control Act. | 13 |
| (7) A Class 2 or greater felony violation of the | 14 |
| Methamphetamine Control and Community Prevention Act. | 15 |
| (b) The Department must not issue a certificate to a person | 16 |
| who, under federal law or the law of any State other than | 17 |
| Illinois, has been convicted of or pled guilty or no contest to | 18 |
| an offense that is substantially similar to any one or more of | 19 |
| the offenses listed in paragraphs (1) through (7) of subsection | 20 |
| (a) of this Section 42. | 21 |
| (510 ILCS 72/57)
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| Sec. 57. Procedures for euthanasia.
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| (a) Only euthanasia drugs and commercially compressed | 24 |
| carbon monoxide,
subject
to
the limitations imposed under | 25 |
| subsection (b) of this Section, shall be used for
the purpose
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LRB096 03733 JDS 13762 b |
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| of humanely euthanizing injured, sick, homeless, or unwanted | 2 |
| companion animals
in an animal shelter or an animal control | 3 |
| facility licensed under the Illinois
Animal Welfare Act.
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| (b) Blank Commercially compressed carbon monoxide may be | 5 |
| used as a permitted
method of
euthanasia provided that it is | 6 |
| performed in a commercially manufactured chamber
pursuant to | 7 |
| the guidelines set forth in the most recent report of the AVMA
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| Panel on
Euthanasia.
A chamber that is designed to euthanize | 9 |
| more than one
animal at a
time must be equipped with | 10 |
| independent sections or cages to separate
incompatible
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| animals. The interior of the chamber must be well lit and | 12 |
| equipped with
view-ports, a
regulator, and a flow meter. | 13 |
| Monitoring equipment must be used at all times
during the
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| operation. Animals that are under 4 months of age, old, | 15 |
| injured, or sick
may not
be euthanized by carbon monoxide. | 16 |
| Animals shall remain in the chamber and
be exposed for
a | 17 |
| minimum of 20 minutes.
Staff members shall be fully notified of | 18 |
| potential health risks .
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| (c) Animals cannot be transported beyond State lines for | 20 |
| the sole purpose
of euthanasia unless the euthanasia methods | 21 |
| comply with subsection (a) or (b)
of this
Section and the | 22 |
| euthanasia is performed by a certified euthanasia technician or | 23 |
| licensed veterinarian .
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| (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
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| (510 ILCS 72/65)
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| Sec. 65. Refused issuance, suspension or revocation of | 2 |
| certification. The Department
may refuse to issue, renew, or | 3 |
| restore a certification or may revoke or suspend
a | 4 |
| certification,
or place on
probation, reprimand, and impose a | 5 |
| fine not to exceed $10,000 $1,000 for each violation , or
take | 6 |
| other
disciplinary action as the Department may deem proper | 7 |
| with regard to a
certified euthanasia agency or a
certified
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| euthanasia technician for any one or combination of the | 9 |
| following reasons:
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| (1) in the case of a euthanasia technician, failing to | 11 |
| carry out the duties of a euthanasia technician as set | 12 |
| forth in this Act or by Department rule ;
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| (2) abusing the use of any chemical substance;
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| (3) selling, stealing, or giving chemical substances | 15 |
| away;
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| (4) abetting anyone in the activities listed in this | 17 |
| subsection; or
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| (5) violating any provision of this Act ; , the Illinois | 19 |
| Controlled
Substances
Act ; the federal Controlled | 20 |
| Substances Act; the Illinois Food, Drug, and Cosmetic Act; | 21 |
| the federal Food, Drug, and Cosmetic Act; , the rules | 22 |
| adopted under these Acts ; or any rules adopted by the | 23 |
| Department
of Professional Regulation concerning the | 24 |
| euthanizing of animals ; . | 25 |
| (6) in the case of a euthanasia technician, euthanizing | 26 |
| an animal or participating in the euthanasia of an animal |
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| at any time other than while (i) acting within the scope of | 2 |
| one's employment relationship with a euthanasia agency or | 3 |
| (ii) working under the direct supervision of a | 4 |
| veterinarian; | 5 |
| (7) in the case of a euthanasia technician, being | 6 |
| convicted of or pleading guilty or no contest to any crime | 7 |
| (i) that is a misdemeanor under federal law, the law of | 8 |
| this State, or the law of any other State and that also is | 9 |
| either related directly to the practice of the profession | 10 |
| or includes dishonesty as an essential element or (ii) that | 11 |
| is a felony under federal law, the law of this State, or | 12 |
| the law of any other State; | 13 |
| (8) in the case of a euthanasia technician, being | 14 |
| convicted of or entering a plea of guilty or no contest to | 15 |
| one or more of the offenses listed in Section 42 of this | 16 |
| Act; | 17 |
| (9) in the case of a euthanasia agency, allowing a | 18 |
| person other than a euthanasia technician, a licensed | 19 |
| veterinarian, or an instructor of an approved euthanasia | 20 |
| course to perform euthanasia on the premises of the | 21 |
| euthanasia agency.
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| (Source: P.A. 92-449, eff. 1-1-02.)
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| (510 ILCS 72/90)
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| Sec. 90. Uncertified practice; civil penalty.
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| (a) A person who practices, offers to practice, attempts to |
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| practice, or
holds
himself
or herself out as a certified | 2 |
| euthanasia technician or a certified euthanasia
agency without | 3 |
| being certified
under
this Act shall, in addition to any other | 4 |
| penalty provided by law, pay a civil
penalty
to the Department | 5 |
| in an amount not to exceed $5,000 for each offense as
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| determined by the Department. The civil penalty shall be | 7 |
| assessed by the
Department after a hearing is held in | 8 |
| accordance with the provisions set forth
in
this Act regarding | 9 |
| the provision of a hearing for the discipline of a certified
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| euthanasia technician or a certified euthanasia agency. The | 11 |
| civil penalty must
be paid within 60 days after
the
effective | 12 |
| date of the order imposing the civil penalty. The order shall
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| constitute a
judgment and may be filed and executed in the same | 14 |
| manner as any judgment
from any court of record.
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| (b) The Department may investigate any uncertified | 16 |
| activity.
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| (c) Instructors teaching humane euthanasia techniques
and | 18 |
| licensed veterinarians teaching humane euthanasia techniques | 19 |
| are exempt from the certification process.
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| (Source: P.A. 92-449, eff. 1-1-02.)
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| (510 ILCS 72/93 new) | 22 |
| Sec. 93. Criminal Penalties. | 23 |
| (a) A euthanasia technician who, at any time other than | 24 |
| while acting within the scope of his or her employment | 25 |
| relationship with a euthanasia agency or while working under |
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| the direct supervision of a veterinarian, knowingly euthanizes | 2 |
| an animal or knowingly participates in the euthanasia of an | 3 |
| animal is guilty of a Class A misdemeanor. | 4 |
| (b) An administrator, manager, or supervisor of a | 5 |
| euthanasia agency who knowingly or recklessly allows a person | 6 |
| other than a euthanasia technician, a licensed veterinarian, or | 7 |
| an instructor of an approved euthanasia course to perform | 8 |
| euthanasia on the premises of the euthanasia agency is guilty | 9 |
| of a Class A misdemeanor. | 10 |
| (c) Any person who practices, offers to practice, or holds | 11 |
| himself, herself, or itself out as a euthanasia technician or | 12 |
| euthanasia agency without being certified is guilty of a Class | 13 |
| A misdemeanor. | 14 |
| (d) Any person who is convicted of a second or subsequent | 15 |
| violation of subsection (a), (b), or (c) of this Section is | 16 |
| guilty of a Class 4 felony.
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| (510 ILCS 72/165 rep.)
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| Section 15. The Humane Euthanasia in Animal Shelters Act is | 19 |
| amended by repealing Section 165.
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INDEX
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Statutes amended in order of appearance
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| 510 ILCS 70/3.02 |
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| 510 ILCS 72/15 |
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| 510 ILCS 72/35 |
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| 510 ILCS 72/42 new |
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| 510 ILCS 72/57 |
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| 510 ILCS 72/65 |
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| 510 ILCS 72/90 |
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| 510 ILCS 72/93 new |
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| 510 ILCS 72/165 rep. |
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