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Author Topic: Dog Laws for Felons ....  (Read 25204 times)
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magick820
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« on: May 05, 2007, 09:32:26 PM »

Has anyone heard of the dog law?
Certain felons cannot own or live with certain types of dogs and approved dogs must bve registered and mircochiped.
It has been implimented in juvenile so I'm asuming its being used in adult as well?
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Forevermah
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« Reply #1 on: May 05, 2007, 09:54:59 PM »

Yes, there is  a law 720 ILCS 5/12-36, which states a felon cannot possess, for 10 years after release certain dogs.

  Certain felons cannot own, posses, have custody of or reside in a residence with either an unspayed or unnueterd dog or puppy older than 12 weeks or a dog determined to be vivious under Section 15 of Animal Control Act.  Any dog owned or possessed by, or in your custody must be microchiped for permanent identification.  Anyone convicted of violating this  is Guilty of a Class A misdemeanor.

They are given and must sign a form upon release of this.

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« Reply #2 on: May 05, 2007, 09:57:59 PM »

How friggen' ridiculous....
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« Reply #3 on: May 05, 2007, 10:17:17 PM »

Here's the statute relating to the "Dog Law"...it became effective Jan. 1, 2007


(720 ILCS 5/12‑36)
    Sec. 12‑36. Possession of certain dogs by felons prohibited.
    (a) For a period of 10 years commencing upon the release of a person from incarceration, it is unlawful for a person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of Article 24 of the Criminal Code of 1961, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis Control Act, or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act, to knowingly own, possess, have custody of, or reside in a residence with, either:
        (1) an unspayed or unneutered dog or puppy older than 
     12 weeks of age; or
 
        (2) irrespective of whether the dog has been spayed 
     or neutered, any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.
 
    (b) Any dog owned, possessed by, or in the custody of a person convicted of a felony, as described in subsection (a), must be microchipped for permanent identification.
    (c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.
    (d) It is an affirmative defense to prosecution under this Section that the dog in question is neutered or spayed, or that the dog in question was neutered or spayed within 7 days of the defendant being charged with a violation of this Section. Medical records from, or the certificate of, a doctor of veterinary medicine licensed to practice in the State of Illinois who has personally examined or operated upon the dog, unambiguously indicating whether the dog in question has been spayed or neutered, shall be prima facie true and correct, and shall be sufficient evidence of whether the dog in question has been spayed or neutered. This subsection (d) is not applicable to any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.
(Source: P.A. 94‑818, eff. 1‑1‑07.)





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~ "I have visited some of the best and the worst prisons and have never seen signs of coddling, but I have seen the terrible results of the boredom and frustration of empty hours and pointless existence." ~ US Supreme Court Justice Warren Burger

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dancer
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« Reply #4 on: June 14, 2007, 06:56:24 AM »

Under section  15 of animal control act does it have a list of types of dogs considered vicious?  Or does it spell out behavior of a particular dog that is then labelled vicious? 
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rsandelli
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« Reply #5 on: June 14, 2007, 07:05:23 AM »

As I recall, the law does not refer directly to a certain breed of dog, rather a particular dog in particular.  For instance, not all pit bulls are vicious, but Rover is Vicious and therefor John Doe cannot own Rover anymore because he is a convicted fellon.  That was my take on it anyway.
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Forevermah
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« Reply #6 on: June 14, 2007, 07:10:12 AM »

This is the entire Animal Control Act including section 15:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1704&ChapAct=510%C2%A0ILCS%C2%A05/&ChapterID=41&ChapterName=ANIMALS&ActName=Animal+Control+Act.
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« Reply #7 on: June 14, 2007, 07:40:27 AM »

Thanks. 
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jlnjy
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« Reply #8 on: January 12, 2008, 01:27:08 AM »

:~)

Am I understanding this correctly????

For a paroled felon he/she is prohibited from having possession or responsibility of a dog that is not spayed or neutered or simply residing in a home of an unspayed or unneutered dog? But the microchip part is strictly the owner responsibility? Meaning if you reside in a home that has a dog but are not the owner, you are not responsible for the microchip - the owner is?

My dog has been spayed - she has a tattoo or branding S on her from being spayed when she was still a young pup. I haven't had her microchipped - she won't run off....heck she won't RUN period.

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klo
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« Reply #9 on: January 12, 2008, 11:25:07 AM »

So lets say my guy gets out and in 6 months we decide to get the kids a chocolate lab puppy...just have her chipped, have the documentation and you're done?  I think the law is stupid...are people using their dogs to commit crimes? 
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« Reply #10 on: January 12, 2008, 11:31:41 AM »

The dog law applies ONLY to certain dogs. A lab I don't think would be a problem. I have two small dogs and they never were in question.  It's Pit Bulls, Rots, etc. dogs considered to be vicious.
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lovnu4ever
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« Reply #11 on: January 12, 2008, 11:46:44 AM »

So I'm guessing Chico my chihuahua is not gonna be a problem! :) Seriously I wasn't sure and I was a little worried about the dog situation because I didn't see anything in the forum until now that it only pertained to certain breeds
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« Reply #12 on: January 12, 2008, 12:01:26 PM »

It also only applies to certain felonies:

a person convicted of a forcible felony
a felony violation of the Humane Care for Animals Act
a felony violation of Article 24 of the Criminal Code of 1961 (dangerous weapon)
a felony violation of Class 3 or higher of the Illinois Controlled Substances Act
a felony violation of Class 3 or higher of the Cannabis Control Act
a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act

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lovnu4ever
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« Reply #13 on: January 12, 2008, 12:13:54 PM »

Thanks scout0323,
       I'm glad we dont fall into those catagories either.  I truley wonder how they even come up with these guidelines in the first place.
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Lissa
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« Reply #14 on: January 18, 2008, 02:41:16 AM »

You all need to hear this tale. My dog got out my back door at my apartment because my ex-husband was to dumb to shut the door when he walked away saying well I am right here. My dog which is a pit bull, besenji dingo mix went in the neighbors yard and went pee and their dog was on a chain and went to try and attack my dog and my dog bit the dog on the lip. They called animal control so now my dog has been declared dangerous and now minc ya he has never once bit a human being. He licks and snorts at them and even hugs them. So we were running a Halloween project in my yard and had him locked up in my sons room upstairs and we had the kids running in and out of course because they are teens and cant listen so he managed to get out of my sons room and headed out the back door and down the street and a dog came at him in the street and 10 kids saw this. He was out of my house a total of maybe 5 minutes and now I have criminal charges saying I allowed my dog off my property without a muzzle and a leash. I am like what the f*** he was locked in my house and I dont do a muzzle and I sure in the hell dont leash my dog up in the house. These laws are the biggest joke around. I thought dogs bit dogs isnt that human nature Oh wait not when u have a pitbull.
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not the mama
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« Reply #15 on: January 18, 2008, 01:57:20 PM »

A young man is being paroled toa friend's house after boot camp...he will be on an ankle bracelet...they did the whole turnoff the phone extras, but when he saw their 2 lb. dog he said they had to get him microchipped...okay I can understand that ...the dog has to be tracked so he can't put his bracelet on the dog! got it!! BUT they have to have this vicious(!!) animal neutered...he is a pure bred and they were going to send him to stud....so I guess even the law is not the sme when it comes to PO's!! 
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Scout
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« Reply #16 on: January 20, 2008, 09:50:34 AM »

What breed is the dog?
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not the mama
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« Reply #17 on: January 20, 2008, 02:41:02 PM »

Yorkshire terrier....just under 2 lbs.. hope the PO doesn't have a heart attack from the vicious attack next time he visits!! Last time I was there I almost got licked to death!!(only because i am so sweet)
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Scout
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« Reply #18 on: January 20, 2008, 07:37:24 PM »

See...that wouldn't even fall under the law as far as "dangerous dogs" go...but leave it to the DOC to interpret how they wish.

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« Reply #19 on: January 20, 2008, 07:46:19 PM »

That is ridiculous.. it's the PO making up his rules I bet. I would  seriously question that. I have two  small dogs and our PO   never said squat about getting them chipped or anything.
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