SB3138 98TH GENERAL ASSEMBLY

LRB098 20137 MGM 55440 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3138

Introduced 2/11/2014, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

510 ILCS 70/2.11 new
510 ILCS 70/17
510 ILCS 70/19 new

Upon entering a conviction for a violation of specified provisions of the Act, or of specified provisions of the Criminal Code of 2012, by a defendant 18 years of age or older, the presiding judge shall notify the defendant that the conviction will be reported to the national Do Not Adopt Registry. Provides that, for convictions that occurred on and after January 1, 2015, the clerk of the court shall send notice of the conviction and the defendant's name, date of birth, physical description (gender, ethnicity, eye color, hair color, height, weight), and offense for which the defendant has been convicted, to the national Do Not Adopt Registry. Provides that, for convictions that occurred before January 1, 2015, the clerk may send notice to the national Do Not Adopt Registry of convictions by a defendant 18 years of age or older. Provides that any animal shelter, pet store, animal breeder, or individual shall conduct a search of the national Do Not Adopt Registry prior to selling, transferring, delivering, or placing for adoption a companion animal to another person.

A BILL FOR

AN ACT concerning animals.

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

Section 5. The Humane Care for Animals Act is amended by changing Section 17 and by adding Sections 2.11 and 19 as follows:

(510 ILCS 70/2.11 new)

Sec. 2.11. National Do Not Adopt Registry. "National Do Not Adopt Registry" means the national registry of animal abuse convictions maintained by the Animal Legal Defense Fund that (1) contains the convicted person's name, date of birth, physical description, the offense for which the person has been convicted, and whether the person is prohibited from possessing animals and (2) is free of charge, publicly accessible, and searchable by full name and birthdate.

(510 ILCS 70/17)

Sec. 17. Penalties.

(a) Any person convicted of any act of abuse or neglect or of violating any other provision of this Act, except Section 19 of this Act, for which a penalty is not otherwise provided, or any rule, regulation, or order of the Department pursuant thereto, is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense.

(b) The Department may enjoin a person from a continuing violation of this Act.

(Source: P.A. 95-560, eff. 8-30-07.)

(510 ILCS 70/19 new)

Sec. 19. National Do Not Adopt Registry.

(a) Upon entering a conviction for a violation of Sections 3.01, 3.02, 3.03, 4.01, or 6 of this Act, or Sections 12-35 or 48-1 of the Criminal Code of 2012 by a defendant 18 years of age or older, the presiding judge shall notify the defendant that the conviction will be reported to the national Do Not Adopt Registry. For convictions that occurred on and after January 1, 2015, the clerk of the court shall send notice of the conviction and the defendant's name, date of birth, physical description (gender, ethnicity, eye color, hair color, height, weight), and offense for which the defendant has been convicted, to the national Do Not Adopt Registry. For convictions that occurred before January 1, 2015, the clerk may send notice to the national Do Not Adopt Registry of convictions for violations of Sections 3.01, 3.02, 3.03, 4.01, or 6 of this Act, or Sections 12-35 or 48-1 of the Criminal Code of 2012 by a defendant 18 years of age or older.

(b) Any animal shelter, pet store, animal breeder, or person shall conduct a search of the national Do Not Adopt Registry prior to selling, transferring, delivering, or placing for adoption a companion animal to another person.