Bill Text: IL HB1645 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal. Provides that the refusal to answer questions from a law enforcement officer permitted under federal regulation creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation. Misrepresentation of a service animal is a petty offense. Defines "service animal".

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2019-04-16 - Remove Chief Co-Sponsor Rep. Tom Demmer [HB1645 Detail]

Download: Illinois-2019-HB1645-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB1645 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
720 ILCS 5/48-4.5 new
Amends the Criminal Code of 2012. Provides that a person commits misrepresentation of a service animal when he or she knowingly represents, expressly or impliedly, that the animal is a service animal for the purpose of securing the rights and privileges afforded to a person with a disability accompanied by a service animal and the person knew or should have known that the animal is not a service animal. Provides that the refusal to answer questions from a law enforcement officer permitted under federal regulation creates a permissive inference that the animal is not a service animal and the law enforcement officer may require the person to remove the animal from the place of public accommodation. Misrepresentation of a service animal is a petty offense. Defines "service animal".
LRB101 08608 SLF 53687 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 48-4.5 as follows:
(720 ILCS 5/48-4.5 new)
Sec. 48-4.5. Misrepresentation of a service animal.
(a) In this Section, "service animal" means a dog or
miniature horse that is trained to do work or perform tasks for
the benefit of a person with a disability, including a
physical, sensory, psychiatric, intellectual, or other mental
disability. The work or tasks performed by the animal must be
directly related to the person's disability including, but not
limited to, assisting a person who is visually impaired with
navigation and other tasks, alerting a person who is deaf or
hard of hearing to the presence of people or sounds, providing
nonviolent protection or rescue work, pulling a wheelchair,
assisting a person during a seizure, alerting a person to the
presence of allergens, retrieving items such as medicine or the
telephone, providing physical support and assistance with
balance and stability to a person with mobility disabilities,
or helping a person with psychiatric and neurological
disabilities by preventing or interrupting impulsive or

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disruptive behaviors. Work or tasks do not include the animal's
presence as a deterrent for criminal activity, emotional
support, well-being, comfort, or companionship.
(b) A person commits misrepresentation of a service animal
when he or she knowingly represents, expressly or impliedly,
that the animal is a service animal for the purpose of securing
the rights and privileges afforded to a person with a
disability accompanied by a service animal and the person knew
or should have known that the animal is not a service animal.
(c) The refusal to answer questions from a law enforcement
officer permitted under subsection (f) of 28 CFR 35.136 creates
a permissive inference that the animal is not a service animal
and the law enforcement officer may require the person to
remove the animal from the place of public accommodation.
(d) Sentence. Misrepresentation of a service animal is a
petty offense.