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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3969 Introduced 3/4/2021, by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Provides that a person commits unlawful use of an animal (currently, this provision only covers elephants) in a traveling animal act when he or she knowingly allows for the participation of an animal in a traveling animal act. Unlawful use of an animal in a traveling animal act is a Class A misdemeanor. Defines "animal". Effective July 1, 2021.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3969 | | LRB102 17132 RLC 22563 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 48-11 as follows:
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| 6 | | (720 ILCS 5/48-11) |
| 7 | | Sec. 48-11. Unlawful use of an animal elephant in a |
| 8 | | traveling animal act. |
| 9 | | (a) Definitions. As used in this Section: |
| 10 | | "Animal" means any of the following including a hybrid |
| 11 | | thereof: |
| 12 | | (1) bear; |
| 13 | | (2) cougar; |
| 14 | | (3) elephant; |
| 15 | | (4) jaguar; |
| 16 | | (5) leopard, excluding a clouded leopard; |
| 17 | | (6) lion; |
| 18 | | (7) non-human primate; or |
| 19 | | (8) tiger. |
| 20 | | "Mobile or traveling animal housing facility" means a |
| 21 | | transporting vehicle such as a truck, trailer, or railway car |
| 22 | | used to transport or house animals while traveling to an |
| 23 | | exhibition or other performance. |
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| | HB3969 | - 2 - | LRB102 17132 RLC 22563 b |
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| 1 | | "Performance" means an exhibition, public showing, |
| 2 | | presentation, display, exposition, fair, animal act, circus, |
| 3 | | ride, trade show, petting zoo, carnival, parade, race, or |
| 4 | | other similar undertaking in which animals are required to |
| 5 | | perform tricks, give rides, or participate as accompaniments |
| 6 | | for entertainment, amusement, or benefit of a live audience. |
| 7 | | "Traveling animal act" means any performance of animals |
| 8 | | where animals are transported to, from, or between locations |
| 9 | | for the purpose of a performance in a mobile or traveling |
| 10 | | animal housing facility. |
| 11 | | (b) A person commits unlawful use of an animal elephant in |
| 12 | | a traveling animal act when he or she knowingly allows for the |
| 13 | | participation of an animal African elephant (Loxodonta |
| 14 | | africana) or Asian elephant (Elephas maximus) protected under |
| 15 | | the federal Endangered Species Act of 1973 in a traveling |
| 16 | | animal act. |
| 17 | | (c) This Section does not apply to an exhibition of |
| 18 | | animals elephants at a non-mobile, permanent institution, or |
| 19 | | other facility. |
| 20 | | (d) Sentence. Unlawful use of an animal elephant in a |
| 21 | | traveling animal act is a Class A misdemeanor.
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| 22 | | (Source: P.A. 100-90, eff. 1-1-18.)
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| 23 | | Section 99. Effective date. This Act takes effect July 1, |
| 24 | | 2021.
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