100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3576

 

Introduced 2/16/2018, by Sen. Kyle McCarter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-36

    Amends the Criminal Code of 2012. Provides a that person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of dog fighting, a felony violation of Deadly Weapons Article of the Code, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act, shall not knowingly own, possess, have custody of, or reside in a residence with any dog weighing more than 20 pounds for a period of 10 years commencing upon the release of the person from incarceration.


LRB100 18044 SLF 33233 b

 

 

A BILL FOR

 

SB3576LRB100 18044 SLF 33233 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 12-36 as follows:
 
6    (720 ILCS 5/12-36)
7    Sec. 12-36. Possession of unsterilized or vicious dogs by
8felons prohibited.
9    (a) For a period of 10 years commencing upon the release of
10a person from incarceration, it is unlawful for a person
11convicted of a forcible felony, a felony violation of the
12Humane Care for Animals Act, a felony violation of Section 26-5
13or 48-1 of this Code, a felony violation of Article 24 of this
14Code, a felony violation of Class 3 or higher of the Illinois
15Controlled Substances Act, a felony violation of Class 3 or
16higher of the Cannabis Control Act, or a felony violation of
17Class 2 or higher of the Methamphetamine Control and Community
18Protection Act, to knowingly own, possess, have custody of, or
19reside in a residence with, either:
20        (1) an unspayed or unneutered dog or puppy older than
21    12 weeks of age; or
22        (1.5) any dog weighing more than 20 pounds; or
23        (2) irrespective of whether the dog has been spayed or

 

 

SB3576- 2 -LRB100 18044 SLF 33233 b

1    neutered, any dog that has been determined to be a vicious
2    dog under Section 15 of the Animal Control Act.
3    (b) Any dog owned, possessed by, or in the custody of a
4person convicted of a felony, as described in subsection (a),
5must be microchipped for permanent identification.
6    (c) Sentence. A person who violates this Section is guilty
7of a Class A misdemeanor.
8    (d) It is an affirmative defense to prosecution under this
9Section that the dog in question is neutered or spayed, or that
10the dog in question was neutered or spayed within 7 days of the
11defendant being charged with a violation of this Section.
12Medical records from, or the certificate of, a doctor of
13veterinary medicine licensed to practice in the State of
14Illinois who has personally examined or operated upon the dog,
15unambiguously indicating whether the dog in question has been
16spayed or neutered, shall be prima facie true and correct, and
17shall be sufficient evidence of whether the dog in question has
18been spayed or neutered. This subsection (d) is not applicable
19to any dog that has been determined to be a vicious dog under
20Section 15 of the Animal Control Act.
21(Source: P.A. 96-185, eff. 1-1-10; 97-1108, eff. 1-1-13.)