Full Text of SB3138 98th General Assembly
SB3138sam001 98TH GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 3/18/2014
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| 1 | | AMENDMENT TO SENATE BILL 3138
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3138 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Humane Care for Animals Act is amended by | 5 | | changing Section 17 and by adding Sections 2.11 and 19 as | 6 | | follows: | 7 | | (510 ILCS 70/2.11 new) | 8 | | Sec. 2.11. National Do Not Adopt Registry. "National Do Not | 9 | | Adopt Registry" means the national registry of animal abuse | 10 | | convictions maintained by the Animal Legal Defense Fund that | 11 | | (1) contains the convicted person's name, date of birth, the | 12 | | offense for which the person has been convicted, and whether | 13 | | the person is prohibited from possessing animals and (2) is | 14 | | free of charge, publicly accessible, and searchable by full | 15 | | name and birthdate. |
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| 1 | | (510 ILCS 70/17)
| 2 | | Sec. 17. Penalties. | 3 | | (a) Any person convicted of any act of abuse or neglect
or | 4 | | of violating any other provision of this Act, except Section 19 | 5 | | of this Act, for which a penalty is not otherwise provided, or | 6 | | any rule, regulation, or order of the Department pursuant | 7 | | thereto, is
guilty of a Class B misdemeanor. A second or | 8 | | subsequent violation
is a Class 4 felony with every day that a | 9 | | violation continues
constituting a separate offense. | 10 | | (b) The Department may enjoin a person from a continuing | 11 | | violation of this Act.
| 12 | | (Source: P.A. 95-560, eff. 8-30-07.) | 13 | | (510 ILCS 70/19 new) | 14 | | Sec. 19. National Do Not Adopt Registry; reporting. | 15 | | (a) Upon entering a conviction, on or after January 1, | 16 | | 2015, for a violation involving companion animals of Section | 17 | | 3.01, 3.02, or 3.03 of this Act, or for a violation of Section | 18 | | 4.01 or 6 of this Act, or Section 12-35 or 48-1 of the Criminal | 19 | | Code of 2012, by a defendant 18 years of age or older, the | 20 | | presiding judge shall notify the defendant that the conviction | 21 | | will be reported to the national Do Not Adopt Registry. The | 22 | | court shall order the clerk of the court to send notice of the | 23 | | conviction and the defendant's name, date of birth, and offense | 24 | | for which the defendant has been convicted, to the national Do | 25 | | Not Adopt Registry. |
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| 1 | | (b) Any animal shelter, pet store, animal breeder, or | 2 | | person may conduct a search of the national Do Not Adopt | 3 | | Registry prior to selling, transferring, delivering, or | 4 | | placing for adoption a companion animal to another person. | 5 | | (c) No cause of action shall arise from the failure of any | 6 | | animal shelter, pet store, animal breeder, or person to conduct | 7 | | a search of the national Do Not Adopt Registry prior to | 8 | | selling, transferring, delivering, or placing for adoption a | 9 | | companion animal to another person. No cause of action shall | 10 | | arise from the actions of any animal shelter, pet store, animal | 11 | | breeder, or person in conducting a search of the national Do | 12 | | Not Adopt Registry prior to selling, transferring, delivering, | 13 | | or placing for adoption a companion animal to another person. ".
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