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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5940 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012 concerning dangerous animals. Adds a definition of "animal refuge" to the statute on dangerous animals. Provides that it is unlawful for any person to allow a member of the public to come into direct contact with a dangerous animal. Provides that the prohibition on possessing dangerous animals does not apply to a properly maintained zoological park accredited by the Association of Zoos and Aquariums (AZA), circus, college or university, scientific institution, research laboratory, veterinary hospital, hound running area, or animal refuge, if the dangerous animal or primate is kept in an escape-proof enclosure. Provides that the prohibition on possessing dangerous animals does not prohibit a person who possesses a Class C exhibitor license from the U.S. Department of Agriculture from possessing a dangerous animal or primate; however, after June 1, 2014 the person may not breed or otherwise acquire a dangerous animal other than an ocelot, margay, lynx, bobcat, jaguarundi, hyena, wolf or coyote, or any poisonous or life-threatening reptile. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 changing |
5 | | 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 |
9 | | context otherwise requires: |
10 | | "Animal refuge" means a not for profit entity that: |
11 | | (1) operates a place of sanctuary where abused, |
12 | | neglected, unwanted, impounded, abandoned, orphaned, or |
13 | | displaced animals are provided care for the lifetime of the |
14 | | animal; |
15 | | (2) does not conduct any commercial activity with |
16 | | respect to dangerous animals, including, but not limited |
17 | | to, (i) sale, trade, auction, lease, or loan of dangerous |
18 | | animals or parts of these animals, or (ii) use of dangerous |
19 | | animals in any manner in a for-profit business or |
20 | | operation; |
21 | | (3) does not use dangerous animals for entertainment |
22 | | purposes or in a traveling exhibit; |
23 | | (4) does not breed any dangerous animals; and |
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1 | | (5) does not allow members of the public the |
2 | | opportunity to come into direct contact with dangerous |
3 | | animals. |
4 | | "Dangerous animal" means a lion, tiger, leopard, |
5 | | ocelot, jaguar, cheetah,
margay, mountain lion, lynx, |
6 | | bobcat, jaguarundi, bear, hyena, wolf or
coyote, or any |
7 | | poisonous or life-threatening reptile. |
8 | | "Owner" means any person who (1) has a right of |
9 | | property in a dangerous
animal or primate, (2) keeps or |
10 | | harbors a dangerous animal or primate, (3) has a dangerous |
11 | | animal
or primate in his or her care, or (4) acts as |
12 | | custodian of a dangerous animal or primate. |
13 | | "Person" means any individual, firm, association, |
14 | | partnership,
corporation, or other legal entity, any |
15 | | public or private institution, the
State, or any municipal |
16 | | corporation or political subdivision of the State. |
17 | | "Primate" means a nonhuman member of the order primate, |
18 | | including but not limited to chimpanzee, gorilla, |
19 | | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, |
20 | | and tarsier. |
21 | | (b) Dangerous animal or primate offense. No person shall |
22 | | have a right of property in, keep, harbor,
care for, act as |
23 | | custodian
of or maintain in
his or her possession any dangerous |
24 | | animal or primate except at a properly maintained zoological
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25 | | park, federally licensed
exhibit, circus, college or |
26 | | university, scientific institution, research laboratory, |
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1 | | veterinary hospital, hound running area, or animal
refuge in an |
2 | | escape-proof enclosure . |
3 | | (b-5) It is unlawful for any person to allow a member of |
4 | | the public to come into direct contact with a dangerous animal. |
5 | | (c) Exemptions. |
6 | | (1) Paragraph (b) This Section does not prohibit a |
7 | | person who had lawful possession of a primate before |
8 | | January 1, 2011, from continuing to possess that primate if |
9 | | the person registers the animal by providing written |
10 | | notification to the local animal control administrator on |
11 | | or before April 1, 2011. The notification shall include: |
12 | | (A) the person's name, address, and telephone |
13 | | number; and |
14 | | (B) the type of primate, the age, a photograph, a |
15 | | description of any tattoo, microchip, or other |
16 | | identifying information, and a list of current |
17 | | inoculations. |
18 | | (2) Paragraph (b) This Section does not prohibit a |
19 | | person who is permanently disabled with a severe mobility |
20 | | impairment from possessing a single capuchin monkey to |
21 | | assist the person in performing daily tasks if: |
22 | | (A) the capuchin monkey was obtained from and |
23 | | trained at a licensed nonprofit organization described |
24 | | in Section 501(c)(3) of the Internal Revenue Code of |
25 | | 1986, the nonprofit tax status of which was obtained on |
26 | | the basis of a mission to improve the quality of life |
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1 | | of severely mobility-impaired individuals; and |
2 | | (B) the person complies with the notification |
3 | | requirements as described in paragraph (1) of this |
4 | | subsection (c). |
5 | | (3) Paragraph (b) does not apply to a properly |
6 | | maintained zoological park accredited by the Association |
7 | | of Zoos and Aquariums (AZA), circus, college or university, |
8 | | scientific institution, research laboratory, veterinary |
9 | | hospital, hound running area, or animal refuge, if the |
10 | | dangerous animal or primate is kept in an escape-proof |
11 | | enclosure. |
12 | | (4) Paragraph (b) does not prohibit a person who |
13 | | possesses a Class C exhibitor license from the U.S. |
14 | | Department of Agriculture from possessing a dangerous |
15 | | animal or primate; however, after June 1, 2014 the person |
16 | | may not breed or otherwise acquire a dangerous animal other |
17 | | than an ocelot, margay, lynx, bobcat, jaguarundi, hyena, |
18 | | wolf or coyote, or any poisonous or life-threatening |
19 | | reptile. |
20 | | (d) A person who registers a primate shall notify the local |
21 | | animal control administrator within 30 days of a change of |
22 | | address. If the person moves to another locality within the |
23 | | State, the person shall register the primate with the new local |
24 | | animal control administrator within 30 days of moving by |
25 | | providing written notification as provided in paragraph (1) of |
26 | | subsection (c) and shall include proof of the prior |
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1 | | registration. |
2 | | (e) A person who registers a primate shall notify the local |
3 | | animal control administrator immediately if the primate dies, |
4 | | escapes, or bites, scratches, or injures a person. |
5 | | (f) It is no defense to a violation of subsection (b)
that |
6 | | the person violating subsection
(b) has attempted to |
7 | | domesticate the dangerous animal. If there appears
to be |
8 | | imminent danger to the public, any
dangerous animal found not |
9 | | in compliance with the provisions of this Section
shall be |
10 | | subject to
seizure and may immediately be placed in an approved |
11 | | facility. Upon the
conviction of a person for a violation of |
12 | | subsection (b), the animal with regard
to which the conviction |
13 | | was obtained shall be confiscated and placed in an
approved |
14 | | facility, with the owner responsible for all costs
connected |
15 | | with the seizure and confiscation of the animal.
Approved |
16 | | facilities include, but are not limited to, a zoological park,
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17 | | federally licensed exhibit,
humane society, veterinary |
18 | | hospital or animal refuge. |
19 | | (g) Sentence. Any person violating this Section is guilty |
20 | | of a Class C
misdemeanor. Any corporation or
partnership, any |
21 | | officer, director, manager or managerial agent of the
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22 | | partnership or corporation who violates this Section or causes |
23 | | the
partnership or corporation to violate this Section is |
24 | | guilty of a Class C misdemeanor. Each day of violation |
25 | | constitutes a separate offense.
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26 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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