98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1656

 

Introduced , by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/48-10

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning dangerous animals.


LRB098 05807 RLC 35846 b

 

 

A BILL FOR

 

HB1656LRB098 05807 RLC 35846 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 48-10 as follows:
 
6    (720 ILCS 5/48-10)
7    Sec. 48-10. Dangerous animals.
8    (a) Definitions. As used in this 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, bear, hyena, wolf or coyote, or any
13    poisonous or life-threatening reptile.
14        "Owner" means any person who (1) has a right of
15    property in a dangerous animal or primate, (2) keeps or
16    harbors a dangerous animal or primate, (3) has a dangerous
17    animal or primate in his or her care, or (4) acts as
18    custodian of a dangerous animal or primate.
19        "Person" means any individual, firm, association,
20    partnership, corporation, or other legal entity, any
21    public or private institution, the State, or any municipal
22    corporation or political subdivision of the State.
23        "Primate" means a nonhuman member of the order primate,

 

 

HB1656- 2 -LRB098 05807 RLC 35846 b

1    including but not limited to chimpanzee, gorilla,
2    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
3    and tarsier.
4    (b) Dangerous animal or primate offense. No person shall
5have a right of property in, keep, harbor, care for, act as
6custodian of or maintain in his or her possession any dangerous
7animal or primate except at a properly maintained zoological
8park, federally licensed exhibit, circus, college or
9university, scientific institution, research laboratory,
10veterinary hospital, hound running area, or animal refuge in an
11escape-proof enclosure.
12    (c) Exemptions.
13        (1) This Section does not prohibit a person who had
14    lawful possession of a primate before January 1, 2011, from
15    continuing to possess that primate if the person registers
16    the animal by providing written notification to the local
17    animal control administrator on or before April 1, 2011.
18    The notification shall include:
19            (A) the person's name, address, and telephone
20        number; and
21            (B) the type of primate, the age, a photograph, a
22        description of any tattoo, microchip, or other
23        identifying information, and a list of current
24        inoculations.
25        (2) This Section does not prohibit a person who is
26    permanently disabled with a severe mobility impairment

 

 

HB1656- 3 -LRB098 05807 RLC 35846 b

1    from possessing a single capuchin monkey to assist the
2    person in performing daily tasks if:
3            (A) the capuchin monkey was obtained from and
4        trained at a licensed nonprofit organization described
5        in Section 501(c)(3) of the Internal Revenue Code of
6        1986, the nonprofit tax status of which was obtained on
7        the basis of a mission to improve the quality of life
8        of severely mobility-impaired individuals; and
9            (B) the person complies with the notification
10        requirements as described in paragraph (1) of this
11        subsection (c).
12    (d) A person who registers a primate shall notify the local
13animal control administrator within 30 days of a change of
14address. If the person moves to another locality within the
15State, the person shall register the primate with the new local
16animal control administrator within 30 days of moving by
17providing written notification as provided in paragraph (1) of
18subsection (c) and shall include proof of the prior
19registration.
20    (e) A person who registers a primate shall notify the local
21animal control administrator immediately if the primate dies,
22escapes, or bites, scratches, or injures a person.
23    (f) It is no defense to a violation of subsection (b) that
24the person violating subsection (b) has attempted to
25domesticate the dangerous animal. If there appears to be
26imminent danger to the public, any dangerous animal found not

 

 

HB1656- 4 -LRB098 05807 RLC 35846 b

1in compliance with the provisions of this Section shall be
2subject to seizure and may immediately be placed in an approved
3facility. Upon the conviction of a person for a violation of
4subsection (b), the animal with regard to which the conviction
5was obtained shall be confiscated and placed in an approved
6facility, with the owner responsible for all costs connected
7with the seizure and confiscation of the animal. Approved
8facilities include, but are not limited to, a zoological park,
9federally licensed exhibit, humane society, veterinary
10hospital or animal refuge.
11    (g) Sentence. Any person violating this Section is guilty
12of a Class C misdemeanor. Any corporation or partnership, any
13officer, director, manager or managerial agent of the
14partnership or corporation who violates this Section or causes
15the partnership or corporation to violate this Section is
16guilty of a Class C misdemeanor. Each day of violation
17constitutes a separate offense.
18(Source: P.A. 97-1108, eff. 1-1-13.)