HB3725 102ND GENERAL ASSEMBLY

LRB102 13909 KMF 19260 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3725

Introduced 2/22/2021, by Rep. Tom Demmer

SYNOPSIS AS INTRODUCED:

720 ILCS 5/48-4.5 new

Amends the Criminal Code of 2012. Provides that a person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal. Provides that the refusal to answer questions from a law enforcement officer permitted under federal regulation creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation. Provides that misrepresentation of a service animal is a petty offense. Defines "service animal".

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 48-4.5 as follows:

(720 ILCS 5/48-4.5 new)

Sec. 48-4.5. Misrepresentation of a service animal.

(a) In this Section, "service animal" means a dog or miniature horse that is trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the animal must be directly related to the person's disability, including, but not limited to, assisting a person who is visually impaired with navigation and other tasks, alerting a person who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting a person during a seizure, alerting a person to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to a person with mobility disabilities, or helping a person with psychiatric and neurological disabilities by preventing or interrupting impulsive or disruptive behaviors. Work or tasks do not include the animal's presence as a deterrent for criminal activity, emotional support, well-being, comfort, or companionship.

(b) A person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal.

(c) The refusal to answer questions from a law enforcement officer permitted under subsection (f) of 28 CFR 35.136 creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation.

(d) Sentence. Misrepresentation of a service animal is a petty offense.