Illinois General Assembly - Full Text of HB4446
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Full Text of HB4446  103rd General Assembly



HB4446 EngrossedLRB103 37239 RLC 67359 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 3. The Veterinary Medicine and Surgery Practice
5Act of 2004 is amended by changing Section 18 as follows:
6    (225 ILCS 115/18)  (from Ch. 111, par. 7018)
7    (Section scheduled to be repealed on January 1, 2029)
8    Sec. 18. Unless otherwise contractually provided between
9veterinarian and client, a veterinarian may dispose of any
10animal abandoned in his establishment, provided he shall give
11notice of his intention to do so to the owner at the last-known
12address by certified mail, return receipt requested, and shall
13allow a period of 7 days to elapse after the receipt is
14returned before disposing of such animal. But if the owner
15cannot be located at such address, the veterinarian shall give
16such notice by publication in a newspaper published and having
17a circulation in the area in which such owner was last known to
18reside and shall allow a period of 7 days to elapse after such
19publication before disposing of such animal.
20    A veterinarian who, on his own initiative or other than at
21the request of the owner, gives emergency treatment to a sick
22or injured animal, including a dangerous animal as defined in
23Section 48-10 of the Criminal Code of 2012, shall not be liable



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1for damages in the absence of gross negligence. If the
2veterinarian performs a euthanasic act on an animal, there is
3the presumption that such was a humane act necessary to
4relieve the animal of suffering.
5(Source: P.A. 83-1016.)
6    Section 5. The Criminal Code of 2012 is amended by
7changing Section 48-10 as follows:
8    (720 ILCS 5/48-10)
9    Sec. 48-10. Dangerous animals.
10    (a) Definitions. As used in this Section, unless the
11context otherwise requires:
12        "Dangerous animal" means a lion, tiger, leopard,
13    ocelot, jaguar, cheetah, margay, mountain lion, lynx,
14    bobcat, jaguarundi, serval, bear, hyena, wolf, or coyote,
15    caracal, kangaroo, wallaby, or any hybrid, intergrade, or
16    cross thereof. Dangerous animal does not mean any
17    herptiles included in the Herptiles-Herps Act.
18        "Federally licensed facility" means any commercial
19    animal dealer, exhibitor, research facility, or animal
20    transporter that is licensed and regulated by the United
21    States Government.
22        "Owner" means any person who (1) has a right of
23    property in a dangerous animal or primate, (2) keeps or
24    harbors a dangerous animal or primate, (3) has a dangerous



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1    animal or primate in his or her care, or (4) acts as
2    custodian of a dangerous animal or primate.
3        "Person" means any individual, firm, association,
4    partnership, corporation, or other legal entity, any
5    public or private institution, the State, or any municipal
6    corporation or political subdivision of the State.
7        "Primate" means a nonhuman member of the order
8    primate, including but not limited to chimpanzee, gorilla,
9    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
10    and tarsier.
11    (b) Dangerous animal or primate offense. No person shall
12have a right of property in, keep, harbor, care for, act as
13custodian of or maintain in his or her possession any
14dangerous animal or primate except at or by a:
15        (1) federally licensed facility,
16        (2) veterinary hospital, or
17        (3) permitted hound running area and only for
18    possession of coyotes.
19    The exemptions listed in this Section do not exempt
20persons from having to be in compliance with the Wildlife Code
21or the Endangered Species Act, including, but not limited to,
22prohibitions on possession of any dangerous animal.
23properly maintained zoological park, federally licensed
24exhibit, circus, college or university, scientific
25institution, research laboratory, veterinary hospital, hound
26running area, or animal refuge in an escape-proof enclosure.



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1    (c) Exemptions.
2        (1) This Section does not prohibit a person who had
3    lawful possession of a primate before January 1, 2011,
4    from continuing to possess that primate if the person
5    registers the animal by providing written notification to
6    the local animal control administrator on or before April
7    1, 2011. The notification shall include:
8            (A) the person's name, address, and telephone
9        number; and
10            (B) the type of primate, the age, a photograph, a
11        description of any tattoo, microchip, or other
12        identifying information, and a list of current
13        inoculations.
14        (2) This Section does not prohibit a person who has a
15    permanent disability with a severe mobility impairment
16    from possessing a single capuchin monkey to assist the
17    person in performing daily tasks if:
18            (A) the capuchin monkey was obtained from and
19        trained at a licensed nonprofit organization described
20        in Section 501(c)(3) of the Internal Revenue Code of
21        1986, the nonprofit tax status of which was obtained
22        on the basis of a mission to improve the quality of
23        life of severely mobility-impaired individuals; and
24            (B) the person complies with the notification
25        requirements as described in paragraph (1) of this
26        subsection (c).



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1        (3) It is an affirmative defense for a prosecution
2    under this Section if a person had lawful possession of a
3    feline crossbreed between a serval cat and a domesticated
4    cat and the possessor of the animal proves that the
5    possessor possessed the animal before the effective date
6    of this amendatory Act of the 103rd General Assembly.
7    (d) A person who registers a primate shall notify the
8local animal control administrator within 30 days of a change
9of address. If the person moves to another locality within the
10State, the person shall register the primate with the new
11local animal control administrator within 30 days of moving by
12providing written notification as provided in paragraph (1) of
13subsection (c) and shall include proof of the prior
15    (e) A person who registers a primate shall notify the
16local animal control administrator immediately if the primate
17dies, escapes, or bites, scratches, or injures a person.
18    (f) It is no defense to a violation of subsection (b) that
19the person violating subsection (b) has attempted to
20domesticate the dangerous animal. If there appears to be
21imminent danger to the public, any dangerous animal found not
22in compliance with the provisions of this Section shall be
23subject to seizure and may immediately be placed in a
24federally licensed an approved facility or veterinary
25hospital. Upon the conviction of a person for a violation of
26subsection (b), the animal with regard to which the conviction



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1was obtained shall be confiscated and placed in a licensed an
2approved facility, with the owner responsible for all costs
3connected with the seizure and confiscation of the animal.
4Approved facilities include, but are not limited to, a
5zoological park, federally licensed exhibit, humane society,
6veterinary hospital or animal refuge.
7    (g) Sentence. Any person violating this Section is guilty
8of a Class C misdemeanor. Any corporation or partnership, any
9officer, director, manager or managerial agent of the
10partnership or corporation who violates this Section or causes
11the partnership or corporation to violate this Section is
12guilty of a Class C misdemeanor. Each day of violation
13constitutes a separate offense.
14    (h) Nothing in this Section shall be construed to apply to
15a motion picture, television, or digital media production
16company employing or contracting with a dealer or exhibitor
17licensed under Section 3 of the federal Animal Welfare Act (7
18U.S.C. 2133) or with a carrier, intermediate handler, or
19unlicensed exhibitor registered under Section 6 of that Act (7
20U.S.C. 2136) for the transportation, purchase, exhibition, or
21use of animals in its motion picture, television, or digital
22media production.
23(Source: P.A. 98-752, eff. 1-1-15; 99-143, eff. 7-27-15.)