State of Illinois
92^nd General Assembly
Legislation

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92_HB5625eng

 
HB5625 Engrossed                               LRB9213132AGcs

 1        AN ACT concerning animals.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Humane Care for Animals Act is amended  by
 5    adding Section 3.03-1 as follows:

 6        (510 ILCS 70/3.03-1 new)
 7        Sec. 3.03-1. Depiction of animal cruelty.
 8        (a)  "Depiction  of  animal  cruelty" means any visual or
 9    auditory depiction, including any photograph,  motion-picture
10    film,  video recording, electronic image, or sound recording,
11    that would constitute a  violation  of  Section  3.01,  3.02,
12    3.03,  or  4.01 of the Humane Care for Animals Act or Section
13    26-5 of the Criminal Code of 1961.
14        (b)  No person may knowingly create, sell, market,  offer
15    to  market or sell, or possess a depiction of animal cruelty.
16    No person may place that depiction in commerce for commercial
17    gain or entertainment. This Section does not apply  when  the
18    depiction   has  serious  religious,  political,  scientific,
19    educational, law enforcement or humane investigator training,
20    journalistic, or historical value.
21        The  creation,  sale,  marketing,  offering  to  sell  or
22    market, or possession of the depiction of animal  cruelty  is
23    illegal   regardless  of  whether  the  maiming,  mutilation,
24    torture, wounding, abuse, killing, or any other conduct  took
25    place in this State.
26        (c)  Any  person  convicted  of violating this Section is
27    guilty of a Class  A  misdemeanor.  A  second  or  subsequent
28    violation  is  a  Class  4  felony.  In addition to any other
29    penalty provided by law, upon conviction for  violating  this
30    Section,  the court may order the convicted person to undergo
31    a psychological or psychiatric evaluation and to undergo  any
 
HB5625 Engrossed            -2-                LRB9213132AGcs
 1    treatment  at  the  convicted person's expense that the court
 2    determines to be appropriate after due consideration  of  the
 3    evaluation.  If the convicted person is a juvenile, the court
 4    must order the convicted person to undergo a psychological or
 5    psychiatric evaluation and  to  undergo  treatment  that  the
 6    court determines to be appropriate after due consideration of
 7    the evaluation.

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