Full Text of HB5940 98th General Assembly
HB5940eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 48-10 as follows: | 6 | | (720 ILCS 5/48-10) | 7 | | Sec. 48-10. Dangerous animals. | 8 | | (a) Definitions. As used in this Section, unless the | 9 | | context otherwise requires: | 10 | | "Animal refuge" means a not for profit entity that: | 11 | | (1) operates a place of sanctuary where abused, | 12 | | neglected, unwanted, impounded, abandoned, orphaned, or | 13 | | displaced animals are provided care for the lifetime of the | 14 | | animal; | 15 | | (2) does not conduct any commercial activity with | 16 | | respect to dangerous animals, including, but not limited | 17 | | to, (i) sale, trade, auction, lease, or loan of dangerous | 18 | | animals or parts of these animals, or (ii) use of dangerous | 19 | | animals in any manner in a for-profit business or | 20 | | operation; | 21 | | (3) does not use dangerous animals for entertainment | 22 | | purposes or in a traveling exhibit; | 23 | | (4) does not breed any dangerous animals; and |
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| 1 | | (5) does not allow members of the public the | 2 | | opportunity to come into direct contact with dangerous | 3 | | animals. | 4 | | "Dangerous animal" means a lion, tiger, leopard, | 5 | | ocelot, jaguar, cheetah,
margay, mountain lion, lynx, | 6 | | bobcat, jaguarundi, bear, hyena, wolf or
coyote, or any | 7 | | poisonous or life-threatening reptile. | 8 | | "Owner" means any person who (1) has a right of | 9 | | property in a dangerous
animal or primate, (2) keeps or | 10 | | harbors a dangerous animal or primate, (3) has a dangerous | 11 | | animal
or primate in his or her care, or (4) acts as | 12 | | custodian of a dangerous animal or primate. | 13 | | "Person" means any individual, firm, association, | 14 | | partnership,
corporation, or other legal entity, any | 15 | | public or private institution, the
State, or any municipal | 16 | | corporation or political subdivision of the State. | 17 | | "Primate" means a nonhuman member of the order primate, | 18 | | including but not limited to chimpanzee, gorilla, | 19 | | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, | 20 | | and tarsier. | 21 | | (b) Dangerous animal or primate offense. No person shall | 22 | | have a right of property in, keep, harbor,
care for, act as | 23 | | custodian
of or maintain in
his or her possession any dangerous | 24 | | animal or primate except at a properly maintained zoological
| 25 | | park, federally licensed
exhibit, circus, college or | 26 | | university, scientific institution, research laboratory, |
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| 1 | | veterinary hospital, hound running area, or animal
refuge in an | 2 | | escape-proof enclosure . | 3 | | (c) Exemptions. | 4 | | (1) This Section does not prohibit a person who had | 5 | | lawful possession of a primate before January 1, 2011, from | 6 | | continuing to possess that primate if the person registers | 7 | | the animal by providing written notification to the local | 8 | | animal control administrator on or before April 1, 2011. | 9 | | The notification shall include: | 10 | | (A) the person's name, address, and telephone | 11 | | number; and | 12 | | (B) the type of primate, the age, a photograph, a | 13 | | description of any tattoo, microchip, or other | 14 | | identifying information, and a list of current | 15 | | inoculations. | 16 | | (2) This Section does not prohibit a person who is | 17 | | permanently disabled with a severe mobility impairment | 18 | | from possessing a single capuchin monkey to assist the | 19 | | person in performing daily tasks if: | 20 | | (A) the capuchin monkey was obtained from and | 21 | | trained at a licensed nonprofit organization described | 22 | | in Section 501(c)(3) of the Internal Revenue Code of | 23 | | 1986, the nonprofit tax status of which was obtained on | 24 | | the basis of a mission to improve the quality of life | 25 | | of severely mobility-impaired individuals; and | 26 | | (B) the person complies with the notification |
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| 1 | | requirements as described in paragraph (1) of this | 2 | | subsection (c). | 3 | | (3) This Section does not apply to a properly | 4 | | maintained zoological park accredited by the Association | 5 | | of Zoos and Aquariums (AZA), circus, college or university, | 6 | | scientific institution, research laboratory, veterinary | 7 | | hospital, hound running area, or animal refuge. | 8 | | (4) This Section does not apply to a properly | 9 | | maintained zoological park operated by a municipality, | 10 | | county, forest preserve district, or this State. | 11 | | (5) This Section does not prohibit a person who | 12 | | possesses a Class C exhibitor license from the U.S. | 13 | | Department of Agriculture from possessing a dangerous | 14 | | animal or primate; however, after June 1, 2014 the person | 15 | | may not breed or otherwise acquire a dangerous animal other | 16 | | than an ocelot, margay, lynx, bobcat, jaguarundi, hyena, | 17 | | wolf or coyote, or any poisonous or life-threatening | 18 | | reptile. | 19 | | (6) This Section does not prohibit any motion picture | 20 | | or television production company from employing or | 21 | | contracting with a dealer or exhibitor licensed under | 22 | | Section 2133 of the federal Animal Welfare Act (7 U.S.C. | 23 | | 2133) or with a carrier, intermediate handler, or | 24 | | unlicensed exhibitor registered under Section 2136 of that | 25 | | Act (7 U.S.C. 2136) for the transportation, purchase, | 26 | | exhibition, or use of dangerous animals in its motion |
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| 1 | | picture or television production. | 2 | | (d) A person who registers a primate shall notify the local | 3 | | animal control administrator within 30 days of a change of | 4 | | address. If the person moves to another locality within the | 5 | | State, the person shall register the primate with the new local | 6 | | animal control administrator within 30 days of moving by | 7 | | providing written notification as provided in paragraph (1) of | 8 | | subsection (c) and shall include proof of the prior | 9 | | registration. | 10 | | (e) A person who registers a primate shall notify the local | 11 | | animal control administrator immediately if the primate dies, | 12 | | escapes, or bites, scratches, or injures a person. | 13 | | (f) It is no defense to a violation of subsection (b)
that | 14 | | the person violating subsection
(b) has attempted to | 15 | | domesticate the dangerous animal. If there appears
to be | 16 | | imminent danger to the public, any
dangerous animal found not | 17 | | in compliance with the provisions of this Section
shall be | 18 | | subject to
seizure and may immediately be placed in an approved | 19 | | facility. Upon the
conviction of a person for a violation of | 20 | | subsection (b), the animal with regard
to which the conviction | 21 | | was obtained shall be confiscated and placed in an
approved | 22 | | facility, with the owner responsible for all costs
connected | 23 | | with the seizure and confiscation of the animal.
Approved | 24 | | facilities include, but are not limited to, a zoological park,
| 25 | | federally licensed exhibit,
humane society, veterinary | 26 | | hospital or animal refuge. |
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| 1 | | (g) Sentence. Any person violating this Section is guilty | 2 | | of a Class C
misdemeanor. Any corporation or
partnership, any | 3 | | officer, director, manager or managerial agent of the
| 4 | | partnership or corporation who violates this Section or causes | 5 | | the
partnership or corporation to violate this Section is | 6 | | guilty of a Class C misdemeanor. Each day of violation | 7 | | constitutes a separate offense.
| 8 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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