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Public Act 92-0776
HB5625 Enrolled LRB9213132AGcs
AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Humane Care for Animals Act is amended by
adding Section 3.03-1 as follows:
(510 ILCS 70/3.03-1 new)
Sec. 3.03-1. Depiction of animal cruelty.
(a) "Depiction of animal cruelty" means any visual or
auditory depiction, including any photograph, motion-picture
film, video recording, electronic image, or sound recording,
that would constitute a violation of Section 3.01, 3.02,
3.03, or 4.01 of the Humane Care for Animals Act or Section
26-5 of the Criminal Code of 1961.
(b) No person may knowingly create, sell, market, offer
to market or sell, or possess a depiction of animal cruelty.
No person may place that depiction in commerce for commercial
gain or entertainment. This Section does not apply when the
depiction has religious, political, scientific, educational,
law enforcement or humane investigator training,
journalistic, artistic, or historical value; or involves
rodeos, sanctioned livestock events, or normal husbandry
practices.
The creation, sale, marketing, offering to sell or
market, or possession of the depiction of animal cruelty is
illegal regardless of whether the maiming, mutilation,
torture, wounding, abuse, killing, or any other conduct took
place in this State.
(c) Any person convicted of violating this Section is
guilty of a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony. In addition to any other
penalty provided by law, upon conviction for violating this
Section, the court may order the convicted person to undergo
a psychological or psychiatric evaluation and to undergo any
treatment at the convicted person's expense that the court
determines to be appropriate after due consideration of the
evaluation. If the convicted person is a juvenile, the court
shall order the convicted person to undergo a psychological
or psychiatric evaluation and to undergo treatment that the
court determines to be appropriate after due consideration of
the evaluation.
Passed in the General Assembly May 15, 2002.
Approved August 06, 2002.
Effective January 01, 2003.
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