HB5940 EngrossedLRB098 19171 RLC 54323 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 5. The Criminal Code of 2012 is amended by changing
5Section 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
9context 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
22have a right of property in, keep, harbor, care for, act as
23custodian of or maintain in his or her possession any dangerous
24animal or primate except at a properly maintained zoological
25park, federally licensed exhibit, circus, college or
26university, scientific institution, research laboratory,



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1veterinary hospital, hound running area, or animal refuge in an
2escape-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
3animal control administrator within 30 days of a change of
4address. If the person moves to another locality within the
5State, the person shall register the primate with the new local
6animal control administrator within 30 days of moving by
7providing written notification as provided in paragraph (1) of
8subsection (c) and shall include proof of the prior
10    (e) A person who registers a primate shall notify the local
11animal control administrator immediately if the primate dies,
12escapes, or bites, scratches, or injures a person.
13    (f) It is no defense to a violation of subsection (b) that
14the person violating subsection (b) has attempted to
15domesticate the dangerous animal. If there appears to be
16imminent danger to the public, any dangerous animal found not
17in compliance with the provisions of this Section shall be
18subject to seizure and may immediately be placed in an approved
19facility. Upon the conviction of a person for a violation of
20subsection (b), the animal with regard to which the conviction
21was obtained shall be confiscated and placed in an approved
22facility, with the owner responsible for all costs connected
23with the seizure and confiscation of the animal. Approved
24facilities include, but are not limited to, a zoological park,
25federally licensed exhibit, humane society, veterinary
26hospital or animal refuge.



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1    (g) Sentence. Any person violating this Section is guilty
2of a Class C misdemeanor. Any corporation or partnership, any
3officer, director, manager or managerial agent of the
4partnership or corporation who violates this Section or causes
5the partnership or corporation to violate this Section is
6guilty of a Class C misdemeanor. Each day of violation
7constitutes a separate offense.
8(Source: P.A. 97-1108, eff. 1-1-13.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.