510 ILCS 68/ Herptiles-Herps Act

(510 ILCS 68/Art. 70 heading) ARTICLE 70. SUSPENSION OF PRIVILEGES AND REVOCATION OF HERPTILE SPECIAL USE PERMITS (Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/70-5)

Sec. 70-5. Suspension of privileges and revocation of permits. A person who does not hold a Herptile Special Use permit or Limited Entry permit and who violates a provision of this Act, an administrative rule authorized under this Act, or a provision of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing of any herptile protected by this Act, when any part of the United States Code violation occurred in Illinois, shall have his or her privileges under this Act suspended for a period to be set by administrative rule. Department suspensions and revocations shall be addressed by administrative rule.

A person who holds a Herptile Special Use permit or Limited Entry permit and who violates a provision of this Act, an administrative rule authorized under this Act, or a provision of the United States Code that involves the taking, possessing, killing, harvesting, transportation, selling, exporting, or importing of any herptile protected by this Act, when any part of the United States Code violation occurred in Illinois, shall have his or her permit revoked and permit privileges under this Act suspended for a period to be set by administrative rule. Department suspensions and revocations shall be addressed by administrative rule.

A person whose privileges or permit to possess a special use herptile have been suspended or revoked may appeal that decision in accordance with the provisions set forth in administrative rule.

(Source: P.A. 102-315, eff. 1-1-22; 102-837, eff. 5-13-22.)

(510 ILCS 68/Art. 75 heading) ARTICLE 75. RECORD KEEPING REQUIREMENTS OF SPECIAL USE HERPTILES (Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/75-5)

Sec. 75-5. Record keeping requirements. A person who possesses a special use herptile must maintain records pertaining to the acquisition, possession, and disposition of the special use herptile as provided by administrative rule. These records shall be maintained for a minimum of 2 years after the date the special use herptile is no longer in possession of the permit holder. All records are subject to inspection by authorized law enforcement officers. In addition to maintaining records, all special use herptiles must be either pit-tagged or microchipped to individually identify them and the pit-tag or microchip numbers are also to be maintained as other pertinent records, unless otherwise provided by administrative rule.

(Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/Art. 80 heading) ARTICLE 80. INJURY TO A MEMBER OF PUBLIC BY SPECIAL USE HERPTILES (Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/80-5)

Sec. 80-5. Injury to a member of public by special use herptiles. A person who possesses a special use herptile without complying with the requirements of this Act and the rules adopted under the authority of this Act and whose special use herptile causes bodily harm to a person when the possessor knew or should have known that the herptile had a propensity, when provoked or unprovoked, to harm, cause injury to, or otherwise substantially endanger a member of the public is guilty of a Class A misdemeanor. A person who possesses a special use herptile without complying with the requirements of this Act and the rules adopted under the authority of this Act and whose special use herptile causes great bodily harm or death to a person when the possessor knew or should have known that the herptile had a propensity, when provoked or unprovoked, to harm, cause injury to, or otherwise substantially endanger a member of the public is guilty of a Class 4 felony.

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/Art. 85 heading) ARTICLE 85. PROHIBITED ACTS WITHSPECIAL USE HERPTILES (Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/85-5)

Sec. 85-5. Prohibited acts. Except as otherwise provided in this Act or by administrative rule, a person shall not own, possess, keep, import, transfer, harbor, bring into this State, breed, propagate, buy, sell, or offer to sell, or have in his or her custody or control a special use herptile.

A person shall not release any special use herptile into the wild at any time unless authorized by the Director in writing. The possessor of a special use herptile must immediately contact the animal control authority or law enforcement agency of the municipality or county where the possessor resides if a special use herptile escapes or is released.

The possessor of a special use herptile shall not keep, harbor, care for, transport, act as the custodian of, or maintain in his or her possession the special use herptile in anything other than an escape-proof enclosure.

The possessor of a special use herptile shall not transport the special use herptile to or possess the special use herptile at a public venue, commercial establishment, retail establishment, or educational institution unless specifically authorized by permit or required to render veterinary care to the special use herptile.

The possessor of a special use herptile, at all reasonable times, shall not deny the Department or its designated agents and officers access to premises where the possessor keeps a special use herptile to ensure compliance with this Act.

Except as otherwise provided in this Act or by administrative rule, a person shall not buy, sell, or barter, or offer to buy, sell, or barter a special use herptile.

(Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/Art. 87 heading) ARTICLE 87. HERPTILE DISEASES (Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/87-5)

Sec. 87-5. Herptile diseases. The Department may investigate, in conjunction with a licensed veterinarian, the transmission or potential transmission of any disease in a natural or captive population of an amphibian or reptile species. The Department may promulgate administrative rules to identify specific herptile diseases, pathogens, or fungi, as well as treatment and caretaking requirements. Any herptile harboring a disease, pathogen, or fungus specified in administrative rule may be subject to confiscation and forfeiture. A licensed veterinarian shall notify the Department under administrative rule after the discovery of a herptile that is harboring a disease, pathogen, or fungus specified in administrative rule.

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/87-10)

Sec. 87-10. Possession of a disease carrying herptile.

(a) Upon discovery that a herptile is harboring a disease, pathogen, or fungus specified in administrative rule, the owner or person in possession of the herptile shall notify the Department under administrative rule.

(b) An owner or person in possession of a herptile that he or she knows or reasonably should know is harboring a disease, pathogen, or fungus specified in administrative rule shall comply with all administrative rules regarding the treatment and caretaking requirements.

(c) A violation of this Section is a Class C misdemeanor.

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/Art. 90 heading) ARTICLE 90. PENALTIES (Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/90-5)

Sec. 90-5. Penalties.

(a) Unless otherwise stated in this Act, a violation of this Act is a Class A misdemeanor.

(b) A person who violates Article 85 of this Act is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

(c) A person who violates Article 75 of this Act is guilty of a Class B misdemeanor. A violation of the record keeping requirement for each individual special use herptile constitutes a separate offense.

(d) Any person who takes, possesses, captures, kills, or disposes of any herptile protected under this Act in violation of this Act is guilty of a Class B misdemeanor unless otherwise stated in this Act.

(e) All fines and penalties collected under the authority of this Act or its administrative rules shall be deposited into the Illinois Wildlife Preservation Fund.

(Source: P.A. 102-315, eff. 1-1-22; 103-363, eff. 7-28-23.)

(510 ILCS 68/90-10)

Sec. 90-10. Commercial purposes; offenses.

(a) Unless otherwise provided in this Act, any person who for profit or commercial purposes knowingly captures, kills, possesses, offers for sale, sells, offers to barter, barters, offers to purchase, purchases, delivers for shipment, ships, exports, imports, causes to be shipped, exported, or imported, delivers for transportation, transports, or causes to be transported, carries or causes to be carried, or receives for shipment, transportation, carriage, or export any herptile taxa, in whole or in part, protected under this Act and the financial value of that herptile, in whole or in part, is valued:

(1) at or in excess of a total of $300 as calculated according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) in Section 105-95 of this Act is guilty of a Class 3 felony; or

(2) less than the total of $300 as calculated according to the applicable provisions under paragraphs (1), (2), (3), and (4) of subsection (a) in Section 105-95 of this Act is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(b) The possession of any herptile, in whole or in part, captured or killed in violation of this Act that is valued at or in excess of $600 under the provisions in subsection (b) of Section 105-95 of this Act shall be considered prima facie evidence of possession for profit or commercial purposes.

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/Art. 95 heading) ARTICLE 95. CIVIL LIABILITY AND IMMUNITY (Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/95-5)

Sec. 95-5. Assumption of risk. Each person who owns, possesses, or keeps a herptile expressly assumes the risk of and legal responsibility for injury, loss, or damage to the person or property that results from the ownership, possession, or keeping, of the herptile. Each owner, keeper, or possessor of a herptile shall be solely liable to manage, care for, and control a particular herptile species, and it shall be the duty of each owner, keeper, or possessor, to maintain reasonable control of the particular herptile at all times, and to refrain from acting in a manner that may cause or contribute to the injury of person, whether in public or on private property.

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/95-10)

Sec. 95-10. Civil liability and immunity. The owner, keeper, or possessor of a herptile that escapes captivity or is released shall be liable for any and all damages and costs to any person or property arising out of or in connection with the escape or release of any herptile. Liability includes, but is not limited to, any damage, injury, or death caused by or to the herptile during or after the herptile's escape or release or as a result of the apprehension or confinement of the herptile after its escape or release. In addition, the owner, keeper, or possessor of an escaped herptile shall be solely responsible and shall indemnify for any and all costs, damages, or medical expenses incurred by an animal control officer, police officer, or Department employee acting in his or her official capacity to capture or control an escaped herptile.

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/Art. 100 heading) ARTICLE 100. SEIZURE AND FORFEITURE (Source: P.A. 98-752, eff. 1-1-15.)

(510 ILCS 68/100-5)

Sec. 100-5. Prima facie evidence; confiscation. The possession of any herptile, special use herptile, or part of any herptile or special use herptile protected under this Act is prima facie evidence that the herptile or special use herptile or any part of is subject to the provisions of this Act, including administrative rules.

Whenever the contents of any box, barrel, package, or receptacle consists partly of contraband and partly of a legally possessed or shipped herptile or special use herptile or any part of a legally possessed or shipped herptile or special use herptile, the entire contents of the box, barrel, or package, or other receptacle are subject to confiscation.

Whenever a person has in his or her possession in excess of the number of herptiles or special use herptiles or any parts of herptiles or special use herptiles permitted under this Act, including administrative rules, the entire number of herptiles or special use herptiles or any parts of herptiles or special use herptiles in his or her possession is subject to confiscation, seizure, or forfeiture.

(Source: P.A. 102-315, eff. 1-1-22.)

(510 ILCS 68/100-10)

Sec. 100-10. Search and seizure. Whenever any authorized employee of the Department, sheriff, deputy sheriff, or other peace officer of the State has reason to believe that any person, owner, possessor, commercial institution, pet store, or reptile show vendor or attendee possesses any herptile or any part or parts of a herptile contrary to the provisions of this Act, including administrative rules, he or she may file, or cause to be filed, a sworn complaint to that effect before the circuit court and procure and execute a search warrant. Upon execution of the search warrant, the officer executing the search warrant shall make due return of the search warrant to the court issuing the search warrant, together with an inventory of all the herptiles or any part or parts of a herptile taken under the search warrant. The court shall then issue process against the party owning, controlling, or transporting the herptile or any part of a herptile seized, and upon its return shall proceed to determine whether or not the herptile or any part or parts of a herptile were held, possessed, or transported in violation of this Act, including administrative rules. In case of a finding that a herptile was illegally held, possessed, transported, or sold, a judgment shall be entered against the owner or party found in possession of the herptile or any part or parts of a herptile for the costs of the proceeding and providing for the disposition of the property seized, as provided for by this Act.

(Source: P.A. 102-315, eff. 1-1-22; 103-154, eff. 6-30-23.)