SB0154 101ST GENERAL ASSEMBLY

LRB101 07174 SLF 52212 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0154

Introduced 1/29/2019, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:

720 ILCS 5/48-11

Amends the Criminal Code of 2012. Provides that a person commits unlawful use of an animal (currently, this provision only covers elephants) in a traveling animal act when he or she knowingly allows for the participation of an animal in a traveling animal act. Unlawful use of an animal in a traveling animal act is a Class A misdemeanor. Defines "animal". Effective July 1, 2019.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by changing Section 48-11 as follows:

(720 ILCS 5/48-11)

Sec. 48-11. Unlawful use of an animal elephant in a traveling animal act.

(a) Definitions. As used in this Section:

"Animal" means any of the following including a hybrid thereof:

(1) bear;

(2) cougar;

(3) elephant;

(4) giraffe;

(5) grey kangaroo;

(6) hippopotamus;

(7) jaguar;

(8) leopard, excluding a clouded leopard;

(9) lion;

(10) non-human primate;

(11) red kangaroo;

(12) rhinoceros;

(13) tapir;

(14) tiger; or

(15) zebra.

"Mobile or traveling animal housing facility" means a transporting vehicle such as a truck, trailer, or railway car used to transport or house animals while traveling to an exhibition or other performance.

"Performance" means an exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or other similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for entertainment, amusement, or benefit of a live audience.

"Traveling animal act" means any performance of animals where animals are transported to, from, or between locations for the purpose of a performance in a mobile or traveling animal housing facility.

(b) A person commits unlawful use of an animal elephant in a traveling animal act when he or she knowingly allows for the participation of an animal African elephant (Loxodonta africana) or Asian elephant (Elephas maximus) protected under the federal Endangered Species Act of 1973 in a traveling animal act.

(c) This Section does not apply to an exhibition of animals elephants at a non-mobile, permanent institution, or other facility.

(d) Sentence. Unlawful use of an animal elephant in a traveling animal act is a Class A misdemeanor.

(Source: P.A. 100-90, eff. 1-1-18.)

Section 99. Effective date. This Act takes effect July 1, 2019.