Illinois General Assembly - Full Text of HB2946
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Full Text of HB2946  94th General Assembly

HB2946sam001 94TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 3/21/2006

 

 


 

 


 
09400HB2946sam001 LRB094 05402 RLC 57385 a

1
AMENDMENT TO HOUSE BILL 2946

2     AMENDMENT NO. ______. Amend House Bill 2946 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by adding
5 Section 12-36 as follows:
 
6     (720 ILCS 5/12-36 new)
7     Sec. 12-36. Possession of certain dogs by felons
8 prohibited.
9     (a) For a period of 10 years commencing upon the release of
10 a person from incarceration, it is unlawful for a person
11 convicted of a forcible felony, a felony violation of the
12 Humane Care for Animals Act, a felony violation of Article 24
13 of the Criminal Code of 1961, a felony violation of Class 3 or
14 higher of the Illinois Controlled Substances Act, a felony
15 violation of Class 3 or higher of the Cannabis Control Act, or
16 a felony violation of Class 2 or higher of the Methamphetamine
17 Control and Community Protection Act, to knowingly own,
18 possess, have custody of, or reside in a residence with,
19 either:
20         (1) an unspayed or unneutered dog or puppy older than
21     12 weeks of age; or
22         (2) irrespective of whether the dog has been spayed or
23     neutered, any dog that has been determined to be a vicious
24     dog under Section 15 of the Animal Control Act.

 

 

09400HB2946sam001 - 2 - LRB094 05402 RLC 57385 a

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