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| [ Senate Amendment 002 ] |
92_HB4926sam001
LRB9212738RCcdam01
1 AMENDMENT TO HOUSE BILL 4926
2 AMENDMENT NO. . Amend House Bill 4926 as follows:
3 on page 1, line 5, by inserting "and by adding Section 12-35"
4 after "12-14"; and
5 on page 3, by inserting below line 20 the following:
6 "(720 ILCS 5/12-35 new)
7 Sec. 12-35. Sexual conduct or sexual contact with an
8 animal.
9 (a) A person may not knowingly engage in any sexual
10 conduct or sexual contact with an animal.
11 (b) A person may not knowingly cause, aid, or abet
12 another person to engage in any sexual conduct or sexual
13 contact with an animal.
14 (c) A person may not knowingly permit any sexual conduct
15 or sexual contact with an animal to be conducted on any
16 premises under his or her charge or control.
17 (d) A person may not knowingly engage in, promote, aid,
18 or abet any activity involving any sexual conduct or sexual
19 contact with an animal for a commercial or recreational
20 purpose.
21 (e) Sentence. A person who violates this Section is
22 guilty of a Class 4 felony. A person who violates this
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1 Section in the presence of a person under 18 years of age or
2 causes the animal serious physical injury or death is guilty
3 of a Class 3 felony.
4 (f) In addition to the penalty imposed in subsection
5 (e), the court may order that the defendant do any of the
6 following:
7 (1) Not harbor animals or reside in any household
8 where animals are present for a reasonable period of time
9 or permanently, if necessary.
10 (2) Relinquish and permanently forfeit all animals
11 residing in the household to a recognized or duly
12 organized animal shelter or humane society.
13 (3) Undergo a psychological evaluation and
14 counseling at defendant's expense.
15 (4) Reimburse the animal shelter or humane society
16 for any reasonable costs incurred for the care and
17 maintenance of the animal involved in the sexual conduct
18 or sexual contact in addition to any animals relinquished
19 to the animal shelter or humane society.
20 (g) Nothing in this Section shall be construed to
21 prohibit accepted animal husbandry practices or accepted
22 veterinary medical practices by a licensed veterinarian or
23 certified veterinary technician.
24 (h) If the court has reasonable grounds to believe that
25 a violation of this Section has occurred, the court may order
26 the seizure of all animals involved in the alleged violation
27 as a condition of bond of a person charged with a violation
28 of this Section.
29 (i) In this Section:
30 "Animal" means every creature, either alive or dead,
31 other than a human being.
32 "Sexual conduct" means any touching or fondling by a
33 person, either directly or through clothing, of the sex
34 organs or anus of an animal or any transfer or transmission
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1 of semen by the person upon any part of the animal, for the
2 purpose of sexual gratification or arousal of the person.
3 "Sexual contact" means any contact, however slight,
4 between the sex organ or anus of a person and the sex organ,
5 mouth, or anus of an animal, or any intrusion, however
6 slight, of any part of the body of the person into the sex
7 organ or anus of an animal, for the purpose of sexual
8 gratification or arousal of the person. Evidence of emission
9 of semen is not required to prove sexual contact.".