Full Text of HB4446 103rd General Assembly
HB4446eng 103RD GENERAL ASSEMBLY | | | HB4446 Engrossed | | LRB103 37239 RLC 67359 b |
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| 1 | | AN ACT concerning criminal law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 3. The Veterinary Medicine and Surgery Practice | 5 | | Act of 2004 is amended by changing Section 18 as follows: | 6 | | (225 ILCS 115/18) (from Ch. 111, par. 7018) | 7 | | (Section scheduled to be repealed on January 1, 2029) | 8 | | Sec. 18. Unless otherwise contractually provided between | 9 | | veterinarian and client, a veterinarian may dispose of any | 10 | | animal abandoned in his establishment, provided he shall give | 11 | | notice of his intention to do so to the owner at the last-known | 12 | | address by certified mail, return receipt requested, and shall | 13 | | allow a period of 7 days to elapse after the receipt is | 14 | | returned before disposing of such animal. But if the owner | 15 | | cannot be located at such address, the veterinarian shall give | 16 | | such notice by publication in a newspaper published and having | 17 | | a circulation in the area in which such owner was last known to | 18 | | reside and shall allow a period of 7 days to elapse after such | 19 | | publication before disposing of such animal. | 20 | | A veterinarian who, on his own initiative or other than at | 21 | | the request of the owner, gives emergency treatment to a sick | 22 | | or injured animal , including a dangerous animal as defined in | 23 | | Section 48-10 of the Criminal Code of 2012, shall not be liable |
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| 1 | | for damages in the absence of gross negligence. If the | 2 | | veterinarian performs a euthanasic act on an animal, there is | 3 | | the presumption that such was a humane act necessary to | 4 | | relieve the animal of suffering. | 5 | | (Source: P.A. 83-1016 .) | 6 | | Section 5. The Criminal Code of 2012 is amended by | 7 | | changing Section 48-10 as follows: | 8 | | (720 ILCS 5/48-10) | 9 | | Sec. 48-10. Dangerous animals. | 10 | | (a) Definitions. As used in this Section, unless the | 11 | | context otherwise requires: | 12 | | "Dangerous animal" means a lion, tiger, leopard, | 13 | | ocelot, jaguar, cheetah, margay, mountain lion, lynx, | 14 | | bobcat, jaguarundi, serval, bear, hyena, wolf , or coyote , | 15 | | caracal, kangaroo, wallaby, or any hybrid, intergrade, or | 16 | | cross thereof . Dangerous animal does not mean any | 17 | | herptiles included in the Herptiles-Herps Act. | 18 | | "Federally licensed facility" means any commercial | 19 | | animal dealer, exhibitor, research facility, or animal | 20 | | transporter that is licensed and regulated by the United | 21 | | States Government. | 22 | | "Owner" means any person who (1) has a right of | 23 | | property in a dangerous animal or primate, (2) keeps or | 24 | | harbors a dangerous animal or primate, (3) has a dangerous |
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| 1 | | animal or primate in his or her care, or (4) acts as | 2 | | custodian of a dangerous animal or primate. | 3 | | "Person" means any individual, firm, association, | 4 | | partnership, corporation, or other legal entity, any | 5 | | public or private institution, the State, or any municipal | 6 | | corporation or political subdivision of the State. | 7 | | "Primate" means a nonhuman member of the order | 8 | | primate, including but not limited to chimpanzee, gorilla, | 9 | | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, | 10 | | and tarsier. | 11 | | (b) Dangerous animal or primate offense. No person shall | 12 | | have a right of property in, keep, harbor, care for, act as | 13 | | custodian of or maintain in his or her possession any | 14 | | dangerous animal or primate except at or by a : | 15 | | (1) federally licensed facility, | 16 | | (2) veterinary hospital, or | 17 | | (3) permitted hound running area and only for | 18 | | possession of coyotes. | 19 | | The exemptions listed in this Section do not exempt | 20 | | persons from having to be in compliance with the Wildlife Code | 21 | | or the Endangered Species Act, including, but not limited to, | 22 | | prohibitions on possession of any dangerous animal. | 23 | | properly maintained zoological park, federally licensed | 24 | | exhibit, circus, college or university, scientific | 25 | | institution, research laboratory, veterinary hospital, hound | 26 | | running area, or animal refuge in an escape-proof enclosure. |
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| 1 | | (c) Exemptions. | 2 | | (1) This Section does not prohibit a person who had | 3 | | lawful possession of a primate before January 1, 2011, | 4 | | from continuing to possess that primate if the person | 5 | | registers the animal by providing written notification to | 6 | | the local animal control administrator on or before April | 7 | | 1, 2011. The notification shall include: | 8 | | (A) the person's name, address, and telephone | 9 | | number; and | 10 | | (B) the type of primate, the age, a photograph, a | 11 | | description of any tattoo, microchip, or other | 12 | | identifying information, and a list of current | 13 | | inoculations. | 14 | | (2) This Section does not prohibit a person who has a | 15 | | permanent disability with a severe mobility impairment | 16 | | from possessing a single capuchin monkey to assist the | 17 | | person in performing daily tasks if: | 18 | | (A) the capuchin monkey was obtained from and | 19 | | trained at a licensed nonprofit organization described | 20 | | in Section 501(c)(3) of the Internal Revenue Code of | 21 | | 1986, the nonprofit tax status of which was obtained | 22 | | on the basis of a mission to improve the quality of | 23 | | life of severely mobility-impaired individuals; and | 24 | | (B) the person complies with the notification | 25 | | requirements as described in paragraph (1) of this | 26 | | subsection (c). |
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| 1 | | (3) It is an affirmative defense for a prosecution | 2 | | under this Section if a person had lawful possession of a | 3 | | feline crossbreed between a serval cat and a domesticated | 4 | | cat and the possessor of the animal proves that the | 5 | | possessor possessed the animal before the effective date | 6 | | of this amendatory Act of the 103rd General Assembly. | 7 | | (d) A person who registers a primate shall notify the | 8 | | local animal control administrator within 30 days of a change | 9 | | of address. If the person moves to another locality within the | 10 | | State, the person shall register the primate with the new | 11 | | local animal control administrator within 30 days of moving by | 12 | | providing written notification as provided in paragraph (1) of | 13 | | subsection (c) and shall include proof of the prior | 14 | | registration. | 15 | | (e) A person who registers a primate shall notify the | 16 | | local animal control administrator immediately if the primate | 17 | | dies, escapes, or bites, scratches, or injures a person. | 18 | | (f) It is no defense to a violation of subsection (b) that | 19 | | the person violating subsection (b) has attempted to | 20 | | domesticate the dangerous animal. If there appears to be | 21 | | imminent danger to the public, any dangerous animal found not | 22 | | in compliance with the provisions of this Section shall be | 23 | | subject to seizure and may immediately be placed in a | 24 | | federally licensed an approved facility or veterinary | 25 | | hospital . Upon the conviction of a person for a violation of | 26 | | subsection (b), the animal with regard to which the conviction |
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| 1 | | was obtained shall be confiscated and placed in a licensed an | 2 | | approved facility, with the owner responsible for all costs | 3 | | connected with the seizure and confiscation of the animal. | 4 | | Approved facilities include, but are not limited to, a | 5 | | zoological park, federally licensed exhibit, humane society, | 6 | | veterinary hospital or animal refuge. | 7 | | (g) Sentence. Any person violating this Section is guilty | 8 | | of a Class C misdemeanor. Any corporation or partnership, any | 9 | | officer, director, manager or managerial agent of the | 10 | | partnership or corporation who violates this Section or causes | 11 | | the partnership or corporation to violate this Section is | 12 | | guilty of a Class C misdemeanor. Each day of violation | 13 | | constitutes a separate offense. | 14 | | (h) Nothing in this Section shall be construed to apply to | 15 | | a motion picture, television, or digital media production | 16 | | company employing or contracting with a dealer or exhibitor | 17 | | licensed under Section 3 of the federal Animal Welfare Act (7 | 18 | | U.S.C. 2133) or with a carrier, intermediate handler, or | 19 | | unlicensed exhibitor registered under Section 6 of that Act (7 | 20 | | U.S.C. 2136) for the transportation, purchase, exhibition, or | 21 | | use of animals in its motion picture, television, or digital | 22 | | media production. | 23 | | (Source: P.A. 98-752, eff. 1-1-15; 99-143, eff. 7-27-15.) |
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