Full Text of SB1824 99th General Assembly
SB1824ham005 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 5/25/2015
| | 09900SB1824ham005 | | LRB099 09089 RLC 36113 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1824
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1824 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 |
| | | 09900SB1824ham005 | - 2 - | LRB099 09089 RLC 36113 a |
|
| 1 | | to, (i) sale, trade, auction, lease, or loan of dangerous | 2 | | animals or parts of these animals, or (ii) use of dangerous | 3 | | animals in any manner in a for-profit business or | 4 | | operation; | 5 | | (3) does not use dangerous animals for entertainment | 6 | | purposes or in a traveling exhibit; | 7 | | (4) does not breed any dangerous animals; and | 8 | | (5) does not allow members of the public the | 9 | | opportunity to come into direct contact with dangerous | 10 | | animals. | 11 | | "Dangerous animal" means a lion, tiger, leopard, | 12 | | ocelot, jaguar, cheetah,
margay, mountain lion, lynx, | 13 | | bobcat, jaguarundi, bear, hyena, wolf or
coyote. Dangerous | 14 | | animal does not mean any herptiles included in the | 15 | | Herptiles-Herps Act. | 16 | | "Owner" means any person who (1) has a right of | 17 | | property in a dangerous
animal or primate, (2) keeps or | 18 | | harbors a dangerous animal or primate, (3) has a dangerous | 19 | | animal
or primate in his or her care, or (4) acts as | 20 | | custodian of a dangerous animal or primate. | 21 | | "Person" means any individual, firm, association, | 22 | | partnership,
corporation, or other legal entity, any | 23 | | public or private institution, the
State, or any municipal | 24 | | corporation or political subdivision of the State. | 25 | | "Primate" means a nonhuman member of the order primate, | 26 | | including but not limited to chimpanzee, gorilla, |
| | | 09900SB1824ham005 | - 3 - | LRB099 09089 RLC 36113 a |
|
| 1 | | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, | 2 | | and tarsier. | 3 | | (b) Dangerous animal or primate offense. No person shall | 4 | | have a right of property in, keep, harbor,
care for, act as | 5 | | custodian
of or maintain in
his or her possession any dangerous | 6 | | animal or primate except at a properly maintained zoological
| 7 | | park, federally licensed
exhibit, circus, college or | 8 | | university, scientific institution, research laboratory, | 9 | | veterinary hospital, hound running area, or animal
refuge in an | 10 | | escape-proof enclosure . | 11 | | (c) Exemptions. | 12 | | (1) This Section does not prohibit a person who had | 13 | | lawful possession of a primate before January 1, 2011, from | 14 | | continuing to possess that primate if the person registers | 15 | | the animal by providing written notification to the local | 16 | | animal control administrator on or before April 1, 2011. | 17 | | The notification shall include: | 18 | | (A) the person's name, address, and telephone | 19 | | number; and | 20 | | (B) the type of primate, the age, a photograph, a | 21 | | description of any tattoo, microchip, or other | 22 | | identifying information, and a list of current | 23 | | inoculations. | 24 | | (2) This Section does not prohibit a person who is | 25 | | permanently disabled with a severe mobility impairment | 26 | | from possessing a single capuchin monkey to assist the |
| | | 09900SB1824ham005 | - 4 - | LRB099 09089 RLC 36113 a |
|
| 1 | | person in performing daily tasks if: | 2 | | (A) the capuchin monkey was obtained from and | 3 | | trained at a licensed nonprofit organization described | 4 | | in Section 501(c)(3) of the Internal Revenue Code of | 5 | | 1986, the nonprofit tax status of which was obtained on | 6 | | the basis of a mission to improve the quality of life | 7 | | of severely mobility-impaired individuals; and | 8 | | (B) the person complies with the notification | 9 | | requirements as described in paragraph (1) of this | 10 | | subsection (c). | 11 | | (3) This Section does not apply to a properly | 12 | | maintained zoological park accredited by the Association | 13 | | of Zoos and Aquariums (AZA), circus, college or university, | 14 | | scientific institution, research laboratory, veterinary | 15 | | hospital, hound running area, or animal refuge. | 16 | | (4) This Section does not apply to a properly | 17 | | maintained zoological park operated by a municipality, | 18 | | county, park district, conservation district, forest | 19 | | preserve district, or this State. | 20 | | (5) This Section does not prohibit a person who | 21 | | possesses a Class C exhibitor license from the U.S. | 22 | | Department of Agriculture from possessing a dangerous | 23 | | animal or primate; however, after the effective date of | 24 | | this amendatory Act of the 99th General Assembly, the | 25 | | person may not breed or otherwise acquire a dangerous | 26 | | animal other than an ocelot, margay, lynx, bobcat, |
| | | 09900SB1824ham005 | - 5 - | LRB099 09089 RLC 36113 a |
|
| 1 | | jaguarundi, hyena, wolf, or coyote. | 2 | | (6) This Section does not prohibit any motion picture | 3 | | or television production company from employing or | 4 | | contracting with a dealer or exhibitor licensed under | 5 | | Section 2133 of the federal Animal Welfare Act (7 U.S.C. | 6 | | 2133) or with a carrier, intermediate handler, or | 7 | | unlicensed exhibitor registered under Section 2136 of that | 8 | | Act (7 U.S.C. 2136) for the transportation, purchase, | 9 | | exhibition, or use of dangerous animals in its motion | 10 | | picture or television production. | 11 | | (7) This Section does not apply to an organization that | 12 | | meets each of the following criteria: | 13 | | (A) is exempt from taxation under Section | 14 | | 501(c)(3) of the federal Internal Revenue Code; | 15 | | (B) possesses a Class C exhibitor license from the | 16 | | United States Department of Agriculture; | 17 | | (C) was formerly operated by a State agency; and | 18 | | (D) does not house non-native dangerous animals. | 19 | | (d) A person who registers a primate shall notify the local | 20 | | animal control administrator within 30 days of a change of | 21 | | address. If the person moves to another locality within the | 22 | | State, the person shall register the primate with the new local | 23 | | animal control administrator within 30 days of moving by | 24 | | providing written notification as provided in paragraph (1) of | 25 | | subsection (c) and shall include proof of the prior | 26 | | registration. |
| | | 09900SB1824ham005 | - 6 - | LRB099 09089 RLC 36113 a |
|
| 1 | | (e) A person who registers a primate shall notify the local | 2 | | animal control administrator immediately if the primate dies, | 3 | | escapes, or bites, scratches, or injures a person. | 4 | | (f) It is no defense to a violation of subsection (b)
that | 5 | | the person violating subsection
(b) has attempted to | 6 | | domesticate the dangerous animal. If there appears
to be | 7 | | imminent danger to the public, any
dangerous animal found not | 8 | | in compliance with the provisions of this Section
shall be | 9 | | subject to
seizure and may immediately be placed in an approved | 10 | | facility. Upon the
conviction of a person for a violation of | 11 | | subsection (b), the animal with regard
to which the conviction | 12 | | was obtained shall be confiscated and placed in an
approved | 13 | | facility, with the owner responsible for all costs
connected | 14 | | with the seizure and confiscation of the animal.
Approved | 15 | | facilities include, but are not limited to, a zoological park,
| 16 | | federally licensed exhibit,
humane society, veterinary | 17 | | hospital or animal refuge. | 18 | | (g) Sentence. Any person violating this Section is guilty | 19 | | of a Class C
misdemeanor. Any corporation or
partnership, any | 20 | | officer, director, manager or managerial agent of the
| 21 | | partnership or corporation who violates this Section or causes | 22 | | the
partnership or corporation to violate this Section is | 23 | | guilty of a Class C misdemeanor. Each day of violation | 24 | | constitutes a separate offense.
| 25 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-752, eff. 1-1-15 .)
|
| | | 09900SB1824ham005 | - 7 - | LRB099 09089 RLC 36113 a |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
|
|