Public Act 0239 103RD GENERAL ASSEMBLY

SB1883 Enrolled LRB103 28576 RLC 54957 b

Public Act 103-0239

AN ACT concerning criminal law.

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

Section 1. Short title. This Act may be cited as the Wild Animal Public Safety Act.

Section 5. Definitions. In this Act:

"Covered animal" means any live member of the following, or any hybrid of the following:

(1) Bear.

(2) Nonhuman primate.

"Direct contact" means physical contact or proximity where physical contact is possible, including, but not limited to, any proximity without a permanent physical barrier or sufficient vertical height designed to prevent physical contact between the public and a covered animal.

"Professional production crew" means a cast or crew member of a television or motion picture production team that has obtained permits as required by law, and includes a professional photographer, videographer, or cinematographer.

Section 10. Prohibition. Notwithstanding any other provision of law to the contrary, it is unlawful for any person to allow any member of the public to come into direct contact with a covered animal.

Section 15. Nonapplication of Act. This Act does not apply to direct contact between a covered animal and any of the following:

(1) The owner of the covered animal.

(2) The owner of the facility in which the specified animal is kept.

(3) A trained professional employee or contractor of the owner of the covered animal or facility (or an accompanying employee receiving professional training), while acting in the course and scope of official duty.

(4) A licensed veterinarian, a veterinary student accompanying such a veterinarian, or a registered veterinary technician under the direct or indirect supervision of a licensed veterinarian.

(5) A law enforcement officer or animal control authority acting in the course and scope of official duty.

(6) An employee of a federal, State, or local agency, while acting in the course and scope of the person's official duty.

(7) A board member of the facility where the animal is kept, a trainee, service provider, or professional production crew which:

(A) is accompanied by the facility's owner or trained employee;

(B) is performing work with the specified animal away from public view; and

(C) is under a contract or other engagement with the facility's owner.

Section 20. Penalty. Any person who violates the provisions of this Act is guilty of a Class B misdemeanor.

Section 25. Enforcement. Any law enforcement officer or peace officer employed by this State or by any county or municipality within this State may enforce the provisions of this Act. The Attorney General, or a State's Attorney of the county in which a violation of this Act occurred, may bring an action in the name of the People of the State of Illinois to enforce the provisions of this Act, and may bring an action for an injunction to restrain any actual or threatened violation.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.