Full Text of HB4446 103rd General Assembly
HB4446 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4446 Introduced 1/16/2024, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: | | | Amends provisions of the Criminal Code of 2012 making it an offense to keep a dangerous animal, with specified exceptions. In the definition of "dangerous animal", includes a serval, caracal, kangaroo, and wallaby and any hybrid, intergrade, or cross of a listed dangerous animal. |
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| | A BILL FOR |
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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 | 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 | | "Dangerous animal" means a lion, tiger, leopard, | 11 | | ocelot, jaguar, cheetah, margay, mountain lion, lynx, | 12 | | bobcat, jaguarundi, serval, bear, hyena, wolf , or coyote , | 13 | | caracal, kangaroo, or wallaby or any hybrid, intergrade, | 14 | | or cross thereof . Dangerous animal does not mean any | 15 | | herptiles included in the 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 |
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| 1 | | corporation or political subdivision of the State. | 2 | | "Primate" means a nonhuman member of the order | 3 | | primate, including but not limited to chimpanzee, gorilla, | 4 | | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, | 5 | | and tarsier. | 6 | | (b) Dangerous animal or primate offense. No person shall | 7 | | have a right of property in, keep, harbor, care for, act as | 8 | | custodian of or maintain in his or her possession any | 9 | | dangerous animal or primate except at a properly maintained | 10 | | zoological park, federally licensed exhibit, circus, college | 11 | | or university, scientific institution, research laboratory, | 12 | | veterinary hospital, hound running area, or animal refuge in | 13 | | an escape-proof enclosure. | 14 | | (c) Exemptions. | 15 | | (1) This Section does not prohibit a person who had | 16 | | lawful possession of a primate before January 1, 2011, | 17 | | from continuing to possess that primate if the person | 18 | | registers the animal by providing written notification to | 19 | | the local animal control administrator on or before April | 20 | | 1, 2011. The notification shall include: | 21 | | (A) the person's name, address, and telephone | 22 | | number; and | 23 | | (B) the type of primate, the age, a photograph, a | 24 | | description of any tattoo, microchip, or other | 25 | | identifying information, and a list of current | 26 | | inoculations. |
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| 1 | | (2) This Section does not prohibit a person who has a | 2 | | permanent disability with a severe mobility impairment | 3 | | from possessing a single capuchin monkey to assist the | 4 | | person in performing daily tasks if: | 5 | | (A) the capuchin monkey was obtained from and | 6 | | trained at a licensed nonprofit organization described | 7 | | in Section 501(c)(3) of the Internal Revenue Code of | 8 | | 1986, the nonprofit tax status of which was obtained | 9 | | on the basis of a mission to improve the quality of | 10 | | life of severely mobility-impaired individuals; and | 11 | | (B) the person complies with the notification | 12 | | requirements as described in paragraph (1) of this | 13 | | subsection (c). | 14 | | (d) A person who registers a primate shall notify the | 15 | | local animal control administrator within 30 days of a change | 16 | | of address. If the person moves to another locality within the | 17 | | State, the person shall register the primate with the new | 18 | | local animal control administrator within 30 days of moving by | 19 | | providing written notification as provided in paragraph (1) of | 20 | | subsection (c) and shall include proof of the prior | 21 | | registration. | 22 | | (e) A person who registers a primate shall notify the | 23 | | local animal control administrator immediately if the primate | 24 | | dies, escapes, or bites, scratches, or injures a person. | 25 | | (f) It is no defense to a violation of subsection (b) that | 26 | | the person violating subsection (b) has attempted to |
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| 1 | | domesticate the dangerous animal. If there appears to be | 2 | | imminent danger to the public, any dangerous animal found not | 3 | | in compliance with the provisions of this Section shall be | 4 | | subject to seizure and may immediately be placed in an | 5 | | approved facility. Upon the conviction of a person for a | 6 | | violation of subsection (b), the animal with regard to which | 7 | | the conviction was obtained shall be confiscated and placed in | 8 | | an approved facility, with the owner responsible for all costs | 9 | | connected with the seizure and confiscation of the animal. | 10 | | Approved facilities include, but are not limited to, a | 11 | | zoological park, federally licensed exhibit, humane society, | 12 | | veterinary hospital or animal refuge. | 13 | | (g) Sentence. Any person violating this Section is guilty | 14 | | of a Class C misdemeanor. Any corporation or partnership, any | 15 | | officer, director, manager or managerial agent of the | 16 | | partnership or corporation who violates this Section or causes | 17 | | the partnership or corporation to violate this Section is | 18 | | guilty of a Class C misdemeanor. Each day of violation | 19 | | constitutes a separate offense. | 20 | | (Source: P.A. 98-752, eff. 1-1-15; 99-143, eff. 7-27-15.) |
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