Full Text of HB4446 103rd General Assembly
HB4446ham001 103RD GENERAL ASSEMBLY | Rep. Daniel Didech Filed: 2/28/2024 | | 10300HB4446ham001 | | LRB103 37239 RLC 70165 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4446
| 2 | | AMENDMENT NO. ______. Amend House Bill 4446 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 | | "Dangerous animal" means a lion, tiger, leopard, | 11 | | ocelot, jaguar, cheetah, margay, mountain lion, lynx, | 12 | | bobcat, jaguarundi, serval, bear, hyena, wolf , or coyote , | 13 | | caracal, kangaroo, wallaby, or any hybrid, intergrade, or | 14 | | cross thereof . Dangerous animal does not mean any | 15 | | herptiles included in the Herptiles-Herps Act. | 16 | | "Federally licensed facility" means any commercial |
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| 1 | | animal dealer, exhibitor, research facility, or animal | 2 | | transporter that is licensed and regulated by the United | 3 | | States Government. | 4 | | "Owner" means any person who (1) has a right of | 5 | | property in a dangerous animal or primate, (2) keeps or | 6 | | harbors a dangerous animal or primate, (3) has a dangerous | 7 | | animal or primate in his or her care, or (4) acts as | 8 | | custodian of a dangerous animal or primate. | 9 | | "Person" means any individual, firm, association, | 10 | | partnership, corporation, or other legal entity, any | 11 | | public or private institution, the State, or any municipal | 12 | | corporation or political subdivision of the State. | 13 | | "Primate" means a nonhuman member of the order | 14 | | primate, including but not limited to chimpanzee, gorilla, | 15 | | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, | 16 | | and tarsier. | 17 | | (b) Dangerous animal or primate offense. No person shall | 18 | | have a right of property in, keep, harbor, care for, act as | 19 | | custodian of or maintain in his or her possession any | 20 | | dangerous animal or primate except at or by a : | 21 | | (1) federally licensed facility, | 22 | | (2) veterinary hospital, or | 23 | | (3) permitted hound running area and only for | 24 | | possession of coyotes. | 25 | | The exemptions listed in this Section do not exempt | 26 | | persons from having to be in compliance with the Wildlife Code |
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| 1 | | or the Endangered Species Act, including, but not limited to, | 2 | | prohibitions on possession of any dangerous animal. | 3 | | properly maintained zoological park, federally licensed | 4 | | exhibit, circus, college or university, scientific | 5 | | institution, research laboratory, veterinary hospital, hound | 6 | | running area, or animal refuge in an escape-proof enclosure. | 7 | | (c) Exemptions. | 8 | | (1) This Section does not prohibit a person who had | 9 | | lawful possession of a primate before January 1, 2011, | 10 | | from continuing to possess that primate if the person | 11 | | registers the animal by providing written notification to | 12 | | the local animal control administrator on or before April | 13 | | 1, 2011. The notification shall include: | 14 | | (A) the person's name, address, and telephone | 15 | | number; and | 16 | | (B) the type of primate, the age, a photograph, a | 17 | | description of any tattoo, microchip, or other | 18 | | identifying information, and a list of current | 19 | | inoculations. | 20 | | (2) This Section does not prohibit a person who has a | 21 | | permanent disability with a severe mobility impairment | 22 | | from possessing a single capuchin monkey to assist the | 23 | | person in performing daily tasks if: | 24 | | (A) the capuchin monkey was obtained from and | 25 | | trained at a licensed nonprofit organization described | 26 | | in Section 501(c)(3) of the Internal Revenue Code of |
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| 1 | | 1986, the nonprofit tax status of which was obtained | 2 | | on the basis of a mission to improve the quality of | 3 | | life of severely mobility-impaired individuals; and | 4 | | (B) the person complies with the notification | 5 | | requirements as described in paragraph (1) of this | 6 | | subsection (c). | 7 | | (3) It is an affirmative defense for a prosecution | 8 | | under this Section if a person had lawful possession of a | 9 | | feline crossbreed between a serval cat and a domesticated | 10 | | cat and the possessor of the animal proves that the | 11 | | possessor possessed the animal before the effective date | 12 | | of this amendatory Act of the 103rd General Assembly. | 13 | | (d) A person who registers a primate shall notify the | 14 | | local animal control administrator within 30 days of a change | 15 | | of address. If the person moves to another locality within the | 16 | | State, the person shall register the primate with the new | 17 | | local animal control administrator within 30 days of moving by | 18 | | providing written notification as provided in paragraph (1) of | 19 | | subsection (c) and shall include proof of the prior | 20 | | registration. | 21 | | (e) A person who registers a primate shall notify the | 22 | | local animal control administrator immediately if the primate | 23 | | dies, escapes, or bites, scratches, or injures a person. | 24 | | (f) It is no defense to a violation of subsection (b) that | 25 | | the person violating subsection (b) has attempted to | 26 | | domesticate the dangerous animal. If there appears to be |
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| 1 | | imminent danger to the public, any dangerous animal found not | 2 | | in compliance with the provisions of this Section shall be | 3 | | subject to seizure and may immediately be placed in a | 4 | | federally licensed an approved facility or veterinary | 5 | | hospital . Upon the conviction of a person for a violation of | 6 | | subsection (b), the animal with regard to which the conviction | 7 | | was obtained shall be confiscated and placed in an approved | 8 | | facility, with the owner responsible for all costs connected | 9 | | with the seizure and confiscation of the animal. Approved | 10 | | facilities include, but are not limited to, a zoological park, | 11 | | federally licensed exhibit, humane society, veterinary | 12 | | hospital or animal refuge. | 13 | | (g) Sentence. Any person violating this Section is guilty | 14 | | of a Class C misdemeanor. Any corporation or partnership, any | 15 | | officer, director, manager or managerial agent of the | 16 | | partnership or corporation who violates this Section or causes | 17 | | the partnership or corporation to violate this Section is | 18 | | guilty of a Class C misdemeanor. Each day of violation | 19 | | constitutes a separate offense. | 20 | | (h) Nothing in this Section shall be construed to apply to | 21 | | a motion picture, television, or digital media production | 22 | | company employing or contracting with a dealer or exhibitor | 23 | | licensed under Section 3 of the federal Animal Welfare Act (7 | 24 | | U.S.C. 2133) or with a carrier, intermediate handler, or | 25 | | unlicensed exhibitor registered under Section 6 of that Act (7 | 26 | | U.S.C. 2136) for the transportation, purchase, exhibition, or |
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| 1 | | use of animals in its motion picture, television, or digital | 2 | | media production. | 3 | | (Source: P.A. 98-752, eff. 1-1-15; 99-143, eff. 7-27-15.)". |
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