Rep. Daniel Didech

Filed: 2/28/2024

 

 


 

 


 
10300HB4446ham001LRB103 37239 RLC 70165 a

1
AMENDMENT TO HOUSE BILL 4446

2    AMENDMENT NO. ______. Amend House Bill 4446 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 48-10 as follows:
 
6    (720 ILCS 5/48-10)
7    Sec. 48-10. Dangerous animals.
8    (a) Definitions. As used in this Section, unless the
9context otherwise requires:
10        "Dangerous animal" means a lion, tiger, leopard,
11    ocelot, jaguar, cheetah, margay, mountain lion, lynx,
12    bobcat, jaguarundi, serval, bear, hyena, wolf, or coyote,
13    caracal, kangaroo, wallaby, or any hybrid, intergrade, or
14    cross thereof. Dangerous animal does not mean any
15    herptiles included in the Herptiles-Herps Act.
16        "Federally licensed facility" means any commercial

 

 

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1    animal dealer, exhibitor, research facility, or animal
2    transporter that is licensed and regulated by the United
3    States Government.
4        "Owner" means any person who (1) has a right of
5    property in a dangerous animal or primate, (2) keeps or
6    harbors a dangerous animal or primate, (3) has a dangerous
7    animal or primate in his or her care, or (4) acts as
8    custodian of a dangerous animal or primate.
9        "Person" means any individual, firm, association,
10    partnership, corporation, or other legal entity, any
11    public or private institution, the State, or any municipal
12    corporation or political subdivision of the State.
13        "Primate" means a nonhuman member of the order
14    primate, including but not limited to chimpanzee, gorilla,
15    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
16    and tarsier.
17    (b) Dangerous animal or primate offense. No person shall
18have a right of property in, keep, harbor, care for, act as
19custodian of or maintain in his or her possession any
20dangerous animal or primate except at or by a:
21        (1) federally licensed facility,
22        (2) veterinary hospital, or
23        (3) permitted hound running area and only for
24    possession of coyotes.
25    The exemptions listed in this Section do not exempt
26persons from having to be in compliance with the Wildlife Code

 

 

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1or the Endangered Species Act, including, but not limited to,
2prohibitions on possession of any dangerous animal.
3properly maintained zoological park, federally licensed
4exhibit, circus, college or university, scientific
5institution, research laboratory, veterinary hospital, hound
6running area, or animal refuge in an escape-proof enclosure.
7    (c) Exemptions.
8        (1) This Section does not prohibit a person who had
9    lawful possession of a primate before January 1, 2011,
10    from continuing to possess that primate if the person
11    registers the animal by providing written notification to
12    the local animal control administrator on or before April
13    1, 2011. The notification shall include:
14            (A) the person's name, address, and telephone
15        number; and
16            (B) the type of primate, the age, a photograph, a
17        description of any tattoo, microchip, or other
18        identifying information, and a list of current
19        inoculations.
20        (2) This Section does not prohibit a person who has a
21    permanent disability with a severe mobility impairment
22    from possessing a single capuchin monkey to assist the
23    person in performing daily tasks if:
24            (A) the capuchin monkey was obtained from and
25        trained at a licensed nonprofit organization described
26        in Section 501(c)(3) of the Internal Revenue Code of

 

 

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1        1986, the nonprofit tax status of which was obtained
2        on the basis of a mission to improve the quality of
3        life of severely mobility-impaired individuals; and
4            (B) the person complies with the notification
5        requirements as described in paragraph (1) of this
6        subsection (c).
7        (3) It is an affirmative defense for a prosecution
8    under this Section if a person had lawful possession of a
9    feline crossbreed between a serval cat and a domesticated
10    cat and the possessor of the animal proves that the
11    possessor possessed the animal before the effective date
12    of this amendatory Act of the 103rd General Assembly.
13    (d) A person who registers a primate shall notify the
14local animal control administrator within 30 days of a change
15of address. If the person moves to another locality within the
16State, the person shall register the primate with the new
17local animal control administrator within 30 days of moving by
18providing written notification as provided in paragraph (1) of
19subsection (c) and shall include proof of the prior
20registration.
21    (e) A person who registers a primate shall notify the
22local animal control administrator immediately if the primate
23dies, escapes, or bites, scratches, or injures a person.
24    (f) It is no defense to a violation of subsection (b) that
25the person violating subsection (b) has attempted to
26domesticate the dangerous animal. If there appears to be

 

 

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1imminent danger to the public, any dangerous animal found not
2in compliance with the provisions of this Section shall be
3subject to seizure and may immediately be placed in a
4federally licensed an approved facility or veterinary
5hospital. Upon the conviction of a person for a violation of
6subsection (b), the animal with regard to which the conviction
7was obtained shall be confiscated and placed in an approved
8facility, with the owner responsible for all costs connected
9with the seizure and confiscation of the animal. Approved
10facilities include, but are not limited to, a zoological park,
11federally licensed exhibit, humane society, veterinary
12hospital or animal refuge.
13    (g) Sentence. Any person violating this Section is guilty
14of a Class C misdemeanor. Any corporation or partnership, any
15officer, director, manager or managerial agent of the
16partnership or corporation who violates this Section or causes
17the partnership or corporation to violate this Section is
18guilty of a Class C misdemeanor. Each day of violation
19constitutes a separate offense.
20    (h) Nothing in this Section shall be construed to apply to
21a motion picture, television, or digital media production
22company employing or contracting with a dealer or exhibitor
23licensed under Section 3 of the federal Animal Welfare Act (7
24U.S.C. 2133) or with a carrier, intermediate handler, or
25unlicensed exhibitor registered under Section 6 of that Act (7
26U.S.C. 2136) for the transportation, purchase, exhibition, or

 

 

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1use of animals in its motion picture, television, or digital
2media production.
3(Source: P.A. 98-752, eff. 1-1-15; 99-143, eff. 7-27-15.)".