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| | HB4255 Engrossed | | LRB104 16708 RLC 30113 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 48-11 as follows:
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| 6 | | (720 ILCS 5/48-11) |
| 7 | | Sec. 48-11. Unlawful use of a covered animal an elephant |
| 8 | | in a traveling animal act. |
| 9 | | (a) Definitions. As used in this Section: |
| 10 | | "Covered animal" means any of the following animals, and |
| 11 | | hybrids of those animals: |
| 12 | | (1) cougar (puma concolor); |
| 13 | | (2) elephantidae; |
| 14 | | (3) jaguar (panthera onca); |
| 15 | | (4) leopard (panthera pardus), excluding Amur leopard |
| 16 | | (panthera pardus orientalis); |
| 17 | | (5) lion (panthera leo); |
| 18 | | (6) non-human primate; |
| 19 | | (7) tiger (panthera tigris); or |
| 20 | | (8) ursidae. |
| 21 | | "Mobile or traveling animal housing facility" means a |
| 22 | | transporting vehicle such as a truck, trailer, or railway car |
| 23 | | used to transport or house animals while traveling to an |
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| | HB4255 Engrossed | - 2 - | LRB104 16708 RLC 30113 b |
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| 1 | | exhibition or other performance. |
| 2 | | "Performance" means an exhibition, public showing, |
| 3 | | presentation, display, exposition, fair, animal act, circus, |
| 4 | | ride, trade show, petting zoo, carnival, parade, race, or |
| 5 | | other similar undertaking in which animals are required to |
| 6 | | perform tricks, give rides, or participate as accompaniments |
| 7 | | for entertainment, amusement, or benefit of a live audience. |
| 8 | | "Traveling animal act" means any performance of animals |
| 9 | | where animals are transported to, from, or between locations |
| 10 | | for the purpose of a performance in a mobile or traveling |
| 11 | | animal housing facility. |
| 12 | | (b) A person commits unlawful use of a covered animal an |
| 13 | | elephant in a traveling animal act when he or she knowingly |
| 14 | | allows for the participation of a covered animal an African |
| 15 | | elephant (Loxodonta africana) or Asian elephant (Elephas |
| 16 | | maximus) protected under the federal Endangered Species Act of |
| 17 | | 1973 in a traveling animal act. |
| 18 | | (c) This Section does not apply to a performance of a |
| 19 | | covered animal that: (1) takes place an exhibition of |
| 20 | | elephants at a non-mobile, permanent institution, or other |
| 21 | | fixed facility licensed by the United States Department of |
| 22 | | Agriculture; and (2) is conducted by the non-mobile, permanent |
| 23 | | institution, or fixed facility. |
| 24 | | (d) Sentence. Unlawful use of a covered animal an elephant |
| 25 | | in a traveling animal act is a Class A misdemeanor. |
| 26 | | (e) The provisions of this amendatory Act of the 104th |
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| | HB4255 Engrossed | - 3 - | LRB104 16708 RLC 30113 b |
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| 1 | | General Assembly are in addition to, and not in lieu of, any |
| 2 | | other laws protecting animal welfare. This Section may not be |
| 3 | | construed to limit any State law or rules protecting the |
| 4 | | welfare of animals or to prevent a unit of local government |
| 5 | | from adopting and enforcing its own animal welfare ordinances |
| 6 | | and regulations. |
| 7 | | (Source: P.A. 100-90, eff. 1-1-18.)
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| 8 | | Section 97. Severability. The provisions of this Act are |
| 9 | | severable under Section 1.31 of the Statute on Statutes.
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| 10 | | Section 99. Effective date. This Act takes effect July 1, |
| 11 | | 2026. |