HB5940ham001 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 3/20/2014

09800HB5940ham001 LRB098 19171 RLC 57292 a

AMENDMENT TO HOUSE BILL 5940

AMENDMENT NO. ______. Amend House Bill 5940 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 2012 is amended by changing Section 48-10 as follows:

(720 ILCS 5/48-10)

Sec. 48-10. Dangerous animals.

(a) Definitions. As used in this Section, unless the context otherwise requires:

"Animal refuge" means a not for profit entity that:

(1) operates a place of sanctuary where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care for the lifetime of the animal;

(2) does not conduct any commercial activity with respect to dangerous animals, including, but not limited to, (i) sale, trade, auction, lease, or loan of dangerous animals or parts of these animals, or (ii) use of dangerous animals in any manner in a for-profit business or operation;

(3) does not use dangerous animals for entertainment purposes or in a traveling exhibit;

(4) does not breed any dangerous animals; and

(5) does not allow members of the public the opportunity to come into direct contact with dangerous animals.

"Dangerous animal" means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote, or any poisonous or life-threatening reptile.

"Owner" means any person who (1) has a right of property in a dangerous animal or primate, (2) keeps or harbors a dangerous animal or primate, (3) has a dangerous animal or primate in his or her care, or (4) acts as custodian of a dangerous animal or primate.

"Person" means any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, the State, or any municipal corporation or political subdivision of the State.

"Primate" means a nonhuman member of the order primate, including but not limited to chimpanzee, gorilla, orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, and tarsier.

(b) Dangerous animal or primate offense. No person shall have a right of property in, keep, harbor, care for, act as custodian of or maintain in his or her possession any dangerous animal or primate except at a properly maintained zoological park, federally licensed exhibit, circus, college or university, scientific institution, research laboratory, veterinary hospital, hound running area, or animal refuge in an escape-proof enclosure.

(c) Exemptions.

(1) This Section does not prohibit a person who had lawful possession of a primate before January 1, 2011, from continuing to possess that primate if the person registers the animal by providing written notification to the local animal control administrator on or before April 1, 2011. The notification shall include:

(A) the person's name, address, and telephone number; and

(B) the type of primate, the age, a photograph, a description of any tattoo, microchip, or other identifying information, and a list of current inoculations.

(2) This Section does not prohibit a person who is permanently disabled with a severe mobility impairment from possessing a single capuchin monkey to assist the person in performing daily tasks if:

(A) the capuchin monkey was obtained from and trained at a licensed nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, the nonprofit tax status of which was obtained on the basis of a mission to improve the quality of life of severely mobility-impaired individuals; and

(B) the person complies with the notification requirements as described in paragraph (1) of this subsection (c).

(3) This Section 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.

(4) This Section does not apply to a properly maintained zoological park operated by a municipality, county, forest preserve district, or this State, if the dangerous animal or primate is kept in an escape-proof enclosure.

(5) This Section 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.

(6) This Section does not prohibit any motion picture or television production company from employing or contracting with a dealer or exhibitor licensed under Section 2133 of the federal Animal Welfare Act (7 U.S.C. 2133) or with a carrier, intermediate handler, or unlicensed exhibitor registered under Section 2136 of that Act (7 U.S.C. 2136) for the transportation, purchase, exhibition, or use of dangerous animals in its motion picture or television production.

(d) A person who registers a primate shall notify the local animal control administrator within 30 days of a change of address. If the person moves to another locality within the State, the person shall register the primate with the new local animal control administrator within 30 days of moving by providing written notification as provided in paragraph (1) of subsection (c) and shall include proof of the prior registration.

(e) A person who registers a primate shall notify the local animal control administrator immediately if the primate dies, escapes, or bites, scratches, or injures a person.

(f) It is no defense to a violation of subsection (b) that the person violating subsection (b) has attempted to domesticate the dangerous animal. If there appears to be imminent danger to the public, any dangerous animal found not in compliance with the provisions of this Section shall be subject to seizure and may immediately be placed in an approved facility. Upon the conviction of a person for a violation of subsection (b), the animal with regard to which the conviction was obtained shall be confiscated and placed in an approved facility, with the owner responsible for all costs connected with the seizure and confiscation of the animal. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital or animal refuge.

(g) Sentence. Any person violating this Section is guilty of a Class C misdemeanor. Any corporation or partnership, any officer, director, manager or managerial agent of the partnership or corporation who violates this Section or causes the partnership or corporation to violate this Section is guilty of a Class C misdemeanor. Each day of violation constitutes a separate offense.

(Source: P.A. 97-1108, eff. 1-1-13.)

Section 99. Effective date. This Act takes effect upon becoming law.".