SB1883 103RD GENERAL ASSEMBLY

LRB103 28576 RLC 54957 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1883

Introduced 2/9/2023, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:

720 ILCS 5/48-12 new

Amends the Criminal Code of 2012. Provides that, notwithstanding any other provision of law, it is unlawful for any person to allow any member of the public to come into direct contact with a bear or nonhuman primate. Provides exemptions. Provides that a violation is a Class B misdemeanor. Provides that any law enforcement officer or peace officer employed by the State or by any county or municipality within the State may enforce these provisions. Provides that the Attorney General or a State's Attorney of the county in which a violation of these provisions occurred, may bring an action in the name of the People of the State of Illinois to enforce these provisions, and may bring an action for an injunction to restrain any actual or threatened violation. Contains a severability provision.

A BILL FOR

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 48-12 as follows:

(720 ILCS 5/48-12 new)

Sec. 48-12. Wild animal public safety.

(a) Definitions. In this Section:

"Covered animal" means any of the following, or any hybrid of any of the following:

(1) Bear.

(2) Nonhuman primate.

"Direct contact" means physical contact or proximity where physical contact is possible, including, but not limited to, any proximity without a permanent physical barrier or sufficient vertical height designed to prevent physical contact between the public and a covered animal.

"Professional production crew" means a cast or crew member of a production team and includes a professional photographer, videographer, or cinematographer.

(b) Prohibition. Notwithstanding any other provision of law, it is unlawful for any person to allow any member of the public to come into direct contact with a covered animal.

(c) Nonapplication of this Section. This Section does not apply to direct contact between a covered animal and any of the following:

(1) the owner of the covered animal;

(2) the owner of the facility in which the specified animal is kept;

(3) a trained professional employee or contractor of the owner of the covered animal or facility or an accompanying employee receiving professional training, while acting in the course and scope of his or her official duties;

(4) a licensed veterinarian, a veterinary student accompanying such a veterinarian, or a registered veterinary technician under the direct or indirect supervision of a licensed veterinarian;

(5) a law enforcement officer or animal control authority acting in the course and scope of his or her official duties; or

(6) a board member, trainee, service provider, or professional production crew who:

(A) is accompanied by the facility's owner or trained employee;

(B) is performing work with the specified animal away from public view; and

(C) is under a contract or other engagement with the facility's owner.

(d) Sentence. Any person who violates this Section is guilty of a Class B misdemeanor.

(e) Enforcement. Any law enforcement officer or peace officer employed by this State or by any county or municipality within this State may enforce the provisions of this Section. The Attorney General or a State's Attorney in the county in which a violation of this Section occurred, may bring an action in the name of the People of the State of Illinois to enforce the provisions of this Section, and may bring an action for an injunction to restrain any actual or threatened violation.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.