State of Illinois
92^nd General Assembly
Legislation

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92_HB5625enr

 
HB5625 Enrolled                                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 religious, political, scientific, educational,
19    law   enforcement   or    humane    investigator    training,
20    journalistic,  artistic,  or  historical  value;  or involves
21    rodeos, sanctioned  livestock  events,  or  normal  husbandry
22    practices.
23        The  creation,  sale,  marketing,  offering  to  sell  or
24    market,  or  possession of the depiction of animal cruelty is
25    illegal  regardless  of  whether  the  maiming,   mutilation,
26    torture,  wounding, abuse, killing, or any other conduct took
27    place in this State.
28        (c)  Any person convicted of violating  this  Section  is
29    guilty  of  a  Class  A  misdemeanor.  A second or subsequent
30    violation is a Class 4  felony.  In  addition  to  any  other
31    penalty  provided  by law, upon conviction for violating this
 
HB5625 Enrolled             -2-                LRB9213132AGcs
 1    Section, the court may order the convicted person to  undergo
 2    a  psychological or psychiatric evaluation and to undergo any
 3    treatment at the convicted person's expense  that  the  court
 4    determines  to  be appropriate after due consideration of the
 5    evaluation. If the convicted person is a juvenile, the  court
 6    shall  order  the convicted person to undergo a psychological
 7    or psychiatric evaluation and to undergo treatment  that  the
 8    court determines to be appropriate after due consideration of
 9    the evaluation.

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