Public Act 0485 104TH GENERAL ASSEMBLY

HB4255 Enrolled LRB104 16708 RLC 30113 b

Public Act 104-0485

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.