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92nd General Assembly

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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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