HB2946ham001 94TH GENERAL ASSEMBLY

Rep. Jerry L. Mitchell

Filed: 3/15/2005

09400HB2946ham001 LRB094 05402 RLC 43595 a

AMENDMENT TO HOUSE BILL 2946

AMENDMENT NO. ______. Amend House Bill 2946 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 1961 is amended by adding Section 12-36 as follows:

(720 ILCS 5/12-36 new)

Sec. 12-36. Possession of certain dogs by felons prohibited.

(a) It is unlawful for a person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of Article 24 of the Criminal Code of 1961, a felony violation of the Illinois Controlled Substances Act, or a felony violation of the Cannabis Control Act to knowingly own, possess, have custody of, or reside in a residence with: (1) an unsterilized dog or puppy older than 12 weeks of age or (2) an adult dog weighing more than 30 pounds.

(b) Any dog owned, possessed by, or in the custody of a convicted felon as described in subsection (a) must be microchipped for permanent identification.

(c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.

(d) Subsection (a) of this Section does not apply to a felon described in subsection (a) who owned, possessed, or had custody of the dog before the commission of the felony; but the felon must comply with subsection (b) relating to having the dog microchipped for permanent identification and must have the dog sterilized.".