Illinois General Assembly

Previous General Assemblies

Full Text of HB5940  98th General Assembly

HB5940ham002 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 3/21/2014

 

 


 

 


 
09800HB5940ham002LRB098 19171 RLC 57351 a

1
AMENDMENT TO HOUSE BILL 5940

2    AMENDMENT NO. ______. Amend House Bill 5940 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing 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
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

 

 

09800HB5940ham002- 2 -LRB098 19171 RLC 57351 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, or any
14    poisonous or life-threatening reptile.
15        "Owner" means any person who (1) has a right of
16    property in a dangerous animal or primate, (2) keeps or
17    harbors a dangerous animal or primate, (3) has a dangerous
18    animal or primate in his or her care, or (4) acts as
19    custodian of a dangerous animal or primate.
20        "Person" means any individual, firm, association,
21    partnership, corporation, or other legal entity, any
22    public or private institution, the State, or any municipal
23    corporation or political subdivision of the State.
24        "Primate" means a nonhuman member of the order primate,
25    including but not limited to chimpanzee, gorilla,
26    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,

 

 

09800HB5940ham002- 3 -LRB098 19171 RLC 57351 a

1    and tarsier.
2    (b) Dangerous animal or primate offense. No person shall
3have a right of property in, keep, harbor, care for, act as
4custodian of or maintain in his or her possession any dangerous
5animal or primate except at a properly maintained zoological
6park, federally licensed exhibit, circus, college or
7university, scientific institution, research laboratory,
8veterinary hospital, hound running area, or animal refuge in an
9escape-proof enclosure.
10    (c) Exemptions.
11        (1) This Section does not prohibit a person who had
12    lawful possession of a primate before January 1, 2011, from
13    continuing to possess that primate if the person registers
14    the animal by providing written notification to the local
15    animal control administrator on or before April 1, 2011.
16    The notification shall include:
17            (A) the person's name, address, and telephone
18        number; and
19            (B) the type of primate, the age, a photograph, a
20        description of any tattoo, microchip, or other
21        identifying information, and a list of current
22        inoculations.
23        (2) This Section does not prohibit a person who is
24    permanently disabled with a severe mobility impairment
25    from possessing a single capuchin monkey to assist the
26    person in performing daily tasks if:

 

 

09800HB5940ham002- 4 -LRB098 19171 RLC 57351 a

1            (A) the capuchin monkey was obtained from and
2        trained at a licensed nonprofit organization described
3        in Section 501(c)(3) of the Internal Revenue Code of
4        1986, the nonprofit tax status of which was obtained on
5        the basis of a mission to improve the quality of life
6        of severely mobility-impaired individuals; and
7            (B) the person complies with the notification
8        requirements as described in paragraph (1) of this
9        subsection (c).
10        (3) This Section does not apply to a properly
11    maintained zoological park accredited by the Association
12    of Zoos and Aquariums (AZA), circus, college or university,
13    scientific institution, research laboratory, veterinary
14    hospital, hound running area, or animal refuge.
15        (4) This Section does not apply to a properly
16    maintained zoological park operated by a municipality,
17    county, forest preserve district, or this State.
18        (5) This Section does not prohibit a person who
19    possesses a Class C exhibitor license from the U.S.
20    Department of Agriculture from possessing a dangerous
21    animal or primate; however, after June 1, 2014 the person
22    may not breed or otherwise acquire a dangerous animal other
23    than an ocelot, margay, lynx, bobcat, jaguarundi, hyena,
24    wolf or coyote, or any poisonous or life-threatening
25    reptile.
26        (6) This Section does not prohibit any motion picture

 

 

09800HB5940ham002- 5 -LRB098 19171 RLC 57351 a

1    or television production company from employing or
2    contracting with a dealer or exhibitor licensed under
3    Section 2133 of the federal Animal Welfare Act (7 U.S.C.
4    2133) or with a carrier, intermediate handler, or
5    unlicensed exhibitor registered under Section 2136 of that
6    Act (7 U.S.C. 2136) for the transportation, purchase,
7    exhibition, or use of dangerous animals in its motion
8    picture or television production.
9    (d) A person who registers a primate shall notify the local
10animal control administrator within 30 days of a change of
11address. If the person moves to another locality within the
12State, the person shall register the primate with the new local
13animal control administrator within 30 days of moving by
14providing written notification as provided in paragraph (1) of
15subsection (c) and shall include proof of the prior
16registration.
17    (e) A person who registers a primate shall notify the local
18animal control administrator immediately if the primate dies,
19escapes, or bites, scratches, or injures a person.
20    (f) It is no defense to a violation of subsection (b) that
21the person violating subsection (b) has attempted to
22domesticate the dangerous animal. If there appears to be
23imminent danger to the public, any dangerous animal found not
24in compliance with the provisions of this Section shall be
25subject to seizure and may immediately be placed in an approved
26facility. Upon the conviction of a person for a violation of

 

 

09800HB5940ham002- 6 -LRB098 19171 RLC 57351 a

1subsection (b), the animal with regard to which the conviction
2was obtained shall be confiscated and placed in an approved
3facility, with the owner responsible for all costs connected
4with the seizure and confiscation of the animal. Approved
5facilities include, but are not limited to, a zoological park,
6federally licensed exhibit, humane society, veterinary
7hospital or animal refuge.
8    (g) Sentence. Any person violating this Section is guilty
9of a Class C misdemeanor. Any corporation or partnership, any
10officer, director, manager or managerial agent of the
11partnership or corporation who violates this Section or causes
12the partnership or corporation to violate this Section is
13guilty of a Class C misdemeanor. Each day of violation
14constitutes a separate offense.
15(Source: P.A. 97-1108, eff. 1-1-13.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".