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Sen. Sue Rezin
Filed: 3/18/2014
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| 1 | | AMENDMENT TO SENATE BILL 3138
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3138 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 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:
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| 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)
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| 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.
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| 12 | | (Source: P.A. 95-560, eff. 8-30-07.)
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| 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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