HB4446eng 103RD GENERAL ASSEMBLY

HB4446 Engrossed LRB103 37239 RLC 67359 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 3. The Veterinary Medicine and Surgery Practice Act of 2004 is amended by changing Section 18 as follows:

(225 ILCS 115/18) (from Ch. 111, par. 7018)

(Section scheduled to be repealed on January 1, 2029)

Sec. 18. Unless otherwise contractually provided between veterinarian and client, a veterinarian may dispose of any animal abandoned in his establishment, provided he shall give notice of his intention to do so to the owner at the last-known address by certified mail, return receipt requested, and shall allow a period of 7 days to elapse after the receipt is returned before disposing of such animal. But if the owner cannot be located at such address, the veterinarian shall give such notice by publication in a newspaper published and having a circulation in the area in which such owner was last known to reside and shall allow a period of 7 days to elapse after such publication before disposing of such animal.

A veterinarian who, on his own initiative or other than at the request of the owner, gives emergency treatment to a sick or injured animal, including a dangerous animal as defined in Section 48-10 of the Criminal Code of 2012, shall not be liable for damages in the absence of gross negligence. If the veterinarian performs a euthanasic act on an animal, there is the presumption that such was a humane act necessary to relieve the animal of suffering.

(Source: P.A. 83-1016.)

Section 5. The Criminal Code of 2012 is amended by changing Section 48-10 as follows:

(720 ILCS 5/48-10)

Sec. 48-10. Dangerous animals.

(a) Definitions. As used in this Section, unless the context otherwise requires:

"Dangerous animal" means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, serval, bear, hyena, wolf, or coyote, caracal, kangaroo, wallaby, or any hybrid, intergrade, or cross thereof. Dangerous animal does not mean any herptiles included in the Herptiles-Herps Act.

"Federally licensed facility" means any commercial animal dealer, exhibitor, research facility, or animal transporter that is licensed and regulated by the United States Government.

"Owner" means any person who (1) has a right of property in a dangerous animal or primate, (2) keeps or harbors a dangerous animal or primate, (3) has a dangerous animal or primate in his or her care, or (4) acts as custodian of a dangerous animal or primate.

"Person" means any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, the State, or any municipal corporation or political subdivision of the State.

"Primate" means a nonhuman member of the order primate, including but not limited to chimpanzee, gorilla, orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, and tarsier.

(b) Dangerous animal or primate offense. No person shall have a right of property in, keep, harbor, care for, act as custodian of or maintain in his or her possession any dangerous animal or primate except at or by a:

(1) federally licensed facility,

(2) veterinary hospital, or

(3) permitted hound running area and only for possession of coyotes.

The exemptions listed in this Section do not exempt persons from having to be in compliance with the Wildlife Code or the Endangered Species Act, including, but not limited to, prohibitions on possession of any dangerous animal. properly maintained zoological park, federally licensed exhibit, circus, college or university, scientific institution, research laboratory, veterinary hospital, hound running area, or animal refuge in an escape-proof enclosure.

(c) Exemptions.

(1) This Section does not prohibit a person who had lawful possession of a primate before January 1, 2011, from continuing to possess that primate if the person registers the animal by providing written notification to the local animal control administrator on or before April 1, 2011. The notification shall include:

(A) the person's name, address, and telephone number; and

(B) the type of primate, the age, a photograph, a description of any tattoo, microchip, or other identifying information, and a list of current inoculations.

(2) This Section does not prohibit a person who has a permanent disability with a severe mobility impairment from possessing a single capuchin monkey to assist the person in performing daily tasks if:

(A) the capuchin monkey was obtained from and trained at a licensed nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, the nonprofit tax status of which was obtained on the basis of a mission to improve the quality of life of severely mobility-impaired individuals; and

(B) the person complies with the notification requirements as described in paragraph (1) of this subsection (c).

(3) It is an affirmative defense for a prosecution under this Section if a person had lawful possession of a feline crossbreed between a serval cat and a domesticated cat and the possessor of the animal proves that the possessor possessed the animal before the effective date of this amendatory Act of the 103rd General Assembly.

(d) A person who registers a primate shall notify the local animal control administrator within 30 days of a change of address. If the person moves to another locality within the State, the person shall register the primate with the new local animal control administrator within 30 days of moving by providing written notification as provided in paragraph (1) of subsection (c) and shall include proof of the prior registration.

(e) A person who registers a primate shall notify the local animal control administrator immediately if the primate dies, escapes, or bites, scratches, or injures a person.

(f) It is no defense to a violation of subsection (b) that the person violating subsection (b) has attempted to domesticate the dangerous animal. If there appears to be imminent danger to the public, any dangerous animal found not in compliance with the provisions of this Section shall be subject to seizure and may immediately be placed in a federally licensed an approved facility or veterinary hospital. Upon the conviction of a person for a violation of subsection (b), the animal with regard to which the conviction was obtained shall be confiscated and placed in a licensed an approved facility, with the owner responsible for all costs connected with the seizure and confiscation of the animal. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital or animal refuge.

(g) Sentence. Any person violating this Section is guilty of a Class C misdemeanor. Any corporation or partnership, any officer, director, manager or managerial agent of the partnership or corporation who violates this Section or causes the partnership or corporation to violate this Section is guilty of a Class C misdemeanor. Each day of violation constitutes a separate offense.

(h) Nothing in this Section shall be construed to apply to a motion picture, television, or digital media production company employing or contracting with a dealer or exhibitor licensed under Section 3 of the federal Animal Welfare Act (7 U.S.C. 2133) or with a carrier, intermediate handler, or unlicensed exhibitor registered under Section 6 of that Act (7 U.S.C. 2136) for the transportation, purchase, exhibition, or use of animals in its motion picture, television, or digital media production.

(Source: P.A. 98-752, eff. 1-1-15; 99-143, eff. 7-27-15.)