Public Act 0485 104TH GENERAL ASSEMBLY
 

 
Public Act 104-0485
 
HB4255 EnrolledLRB104 16708 RLC 30113 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by 
changing Section 48-11 as follows:
 
    (720 ILCS 5/48-11)
    Sec. 48-11. Unlawful use of a covered animal an elephant 
in a traveling animal act.
    (a) Definitions. As used in this Section:
    "Covered animal" means any of the following animals, and 
hybrids of those animals:
        (1) cougar (puma concolor); 
        (2) elephantidae;
        (3) jaguar (panthera onca);
        (4) leopard (panthera pardus), excluding Amur leopard 
    (panthera pardus orientalis);
        (5) lion (panthera leo); 
        (6) non-human primate;
        (7) tiger (panthera tigris); or 
        (8) ursidae. 
    "Mobile or traveling animal housing facility" means a 
transporting vehicle such as a truck, trailer, or railway car 
used to transport or house animals while traveling to an 
exhibition or other performance.
    "Performance" means an exhibition, public showing, 
presentation, display, exposition, fair, animal act, circus, 
ride, trade show, petting zoo, carnival, parade, race, or 
other similar undertaking in which animals are required to 
perform tricks, give rides, or participate as accompaniments 
for entertainment, amusement, or benefit of a live audience.
    "Traveling animal act" means any performance of animals 
where animals are transported to, from, or between locations 
for the purpose of a performance in a mobile or traveling 
animal housing facility.
    (b) A person commits unlawful use of a covered animal an 
elephant in a traveling animal act when he or she knowingly 
allows for the participation of a covered animal an African 
elephant (Loxodonta africana) or Asian elephant (Elephas 
maximus) protected under the federal Endangered Species Act of 
1973 in a traveling animal act.
    (c) This Section does not apply to a performance of a 
covered animal that: (1) takes place an exhibition of 
elephants at a non-mobile, permanent institution, or other 
fixed facility licensed by the United States Department of 
Agriculture; and (2) is conducted by the non-mobile, permanent 
institution, or fixed facility.
    (d) Sentence. Unlawful use of a covered animal an elephant 
in a traveling animal act is a Class A misdemeanor.
    (e) The provisions of this amendatory Act of the 104th 
General Assembly are in addition to, and not in lieu of, any 
other laws protecting animal welfare. This Section may not be 
construed to limit any State law or rules protecting the 
welfare of animals or to prevent a unit of local government 
from adopting and enforcing its own animal welfare ordinances 
and regulations. 
(Source: P.A. 100-90, eff. 1-1-18.)
 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect July 1, 
2026.