SB3138sam001 98TH GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 3/18/2014

09800SB3138sam001 LRB098 20137 MGM 56998 a

AMENDMENT TO SENATE BILL 3138

AMENDMENT NO. ______. Amend Senate Bill 3138 by replacing everything after the enacting clause with the following:

"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, 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; reporting.

(a) Upon entering a conviction, on or after January 1, 2015, for a violation involving companion animals of Section 3.01, 3.02, or 3.03 of this Act, or for a violation of Section 4.01 or 6 of this Act, or Section 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. The court shall order the clerk of the court to send notice of the conviction and the defendant's name, date of birth, and offense for which the defendant has been convicted, to the national Do Not Adopt Registry.

(b) Any animal shelter, pet store, animal breeder, or person may 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.

(c) No cause of action shall arise from the failure of any animal shelter, pet store, animal breeder, or person to 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. No cause of action shall arise from the actions of any animal shelter, pet store, animal breeder, or person in conducting a search of the national Do Not Adopt Registry prior to selling, transferring, delivering, or placing for adoption a companion animal to another person.".