Illinois General Assembly - Full Text of SB3264
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Full Text of SB3264  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/1/2012, by Sen. Heather A. Steans


New Act
720 ILCS 585/Act rep.

     Creates the Dangerous Animals Act of 2012. Identifies a class of animals that qualify as dangerous animals. Provides that a person must hold a Dangerous Animal Permit or a Limited Entry Permit to possess a dangerous animal in the State. Sets forth requirements that must be met before the Department of Natural Resources may issue a Dangerous Animal Permit or a Limited Entry Permit. Provides for the suspension of permit privileges and the revocation of permits. Requires certain records to be kept by the possessors of a dangerous animal. Sets forth additional prohibitions related to the keeping and transport of dangerous animals. Sets forth penalties for violations of this Act. Sets forth provisions related to civil liability and immunity. Provides for the seizure and forfeiture of dangerous animals and equipment under certain circumstances. Creates the Dangerous Animal Advisory Committee to review periodically the list of dangerous animals. Exempts certain individuals and institutions from the requirements of the Act. Repeals the Illinois Dangerous Animal Act.

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1    AN ACT concerning animals.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Dangerous Animals Act of 2012.
6    Section 5. Definitions. As used in this Act, unless the
7context clearly requires otherwise:
8    "Authorized law enforcement officer" means all sworn
9members of the Law Enforcement Division of the Department and
10those persons specifically granted law enforcement
11authorization by the Director.
12    "Dangerous animal" means any of the following live animals
13or hybrids of the following live animals, whether bred in the
14wild or in captivity:
15        (1) Members of the Felidae family, including, but not
16    limited to, lions, tigers, cougars, leopards, bobcats,
17    lynx, cheetahs, margays, ocelots, and servals, but not
18    including cats or cats recognized as a domestic breed,
19    registered as a domestic breed, or shown as a domestic
20    breed by a national or international cat registry
21    association.
22        (2) Members of the Canidae family, including, but not
23    limited to, wolves, coyotes (except as provided in the



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1    Wildlife Code), jackals, dingos, maned wolves (Chrysocyon
2    brachyurus), raccoon dogs (Nyctereutes procyonoides),
3    African hunting dogs (Lycaon pictus), wolf-dog hybrids,
4    South American bush dogs (Speothos venaticus), pariah-type
5    feral dogs, Indian wild dogs, and dhole (Cuon alpinus), but
6    not including dogs or dogs recognized as a domestic breed,
7    registered as a domestic breed, or shown as a domestic
8    breed by a national or international dog registry
9    association.
10        (3) All members of the Ursidae family, including, but
11    not limited to, black and grizzly bears.
12        (4) All members of the Hyaenidae family, including, but
13    not limited to, all species of hyenas and aardwolves.
14        (5) All members of the Elephantidae family, including
15    all species of elephants.
16        (6) All members of the Rhinocerotidae family,
17    including all species of rhinoceros.
18        (7) All members of the Hippopotamidae family, includes
19    all species of hippopotamus.
20        (8) All members of the Viverridae family, including,
21    but not limited to, all species of civets, genets,
22    linsangs, mongooses, and meerkats.
23        (9) All members of the Macropodidae family, including,
24    but not limited to, all species of kangaroos and wallabies.
25        (10) Coatimundi of the genera Nasua or Nasuella as well
26    as other certain members of the Procyonidae family and any



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1    others that the Department designates, by administrative
2    rule, as outlined or deemed medically significant.
3        (11) Non-human primates, including, but not limited
4    to, all members of the Pongidae family, such as gibbons,
5    orangutans, chimpanzees, siamangs, and gorillas; members
6    of the Cercopithecidae family, such as macaques,
7    mandrills, and baboons; members of the Cebidae family, such
8    as capuchin monkeys, spider monkeys, marmosets, and howler
9    monkeys; members of the Colobinae family, such as langurs
10    and colobus monkeys; and members of the Lemuridae family,
11    including all lemurs.
12        (12) All members of the Order Chiroptera, including all
13    species of bats.
14        (13) Rats and mice of the genus Praomys, including
15    multimammate rats from the subgenus Mastomys, such as
16    Gambian pouched rats; porcupines; and prairie dogs.
17        (14) Venomous reptiles, regardless of whether they
18    have been surgically altered, including, but not limited
19    to, venomous species of the following families or genera of
20    the order Squamata: Helodermatidae, such as gila monsters
21    and beaded lizards; Elapidae, such as cobras and coral
22    snakes; Hydrophiidae, such as sea snakes; Viperidae and
23    Crotalinae, such as vipers and pit vipers;
24    Atractaspididae, such as burrowing asps; as well as
25    colubrids such as the: Alsophis, such as the West Indian
26    racers; Boiga, such as boigas and mangrove snakes; Conophis



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1    such as road guarders; Dispholidus, such as Boomslang;
2    Hydrodynastes, such as false water cobras; Hemirhagerrhis,
3    such as bark snakes; Macropisthodon, such as varied or
4    hooded keelbacks; Madagascarophis, such as Madagascar
5    common snakes; Malpolon, such as Montpellier snakes;
6    Mimophis, such as Mahafaly sand snakes; Phalotris, such as
7    collared snakes; Philodryas, such as palm snakes or green
8    racers; Psammophis, such as sand snakes or racers;
9    Psammophylax, such as skaapstekers; Rhabdophis, such as
10    keelbacks; Rhamphiophis, such as beaked snakes;
11    Tachymenis, such as slender snakes or false vipers;
12    Thelotornis, such as Twig snakes; Thrasops, such as black
13    tree snakes; Tomodon, such as Pampas snakes; Waglerophis,
14    such as Wagler's snakes; Xenodon, such as false
15    fer-de-lances; Boiga irregularis, including specimens or
16    eggs of the brown tree snake; and any others that the
17    Department designates, by administrative rule, as outlined
18    or deemed medically significant.
19        (15) All members of the Boidae family, such as boas,
20    pythons, and anacondas as provided by the Department by
21    administrative rule.
22        (16) All members of the order Crocodilia, such as
23    crocodiles, alligators, caimans, and gavials; members of
24    the Varanidae family, such as Nile, water, and crocodile
25    monitors as well as Komodo dragons.
26        (17) Medically significant poisonous amphibians



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1    capable of causing bodily harm to humans or animals,
2    including, but not limited to, Bufo marinus, such as cane
3    or marine toads, and Bufo alvarius, such as Colorado River
4    toads.
5        (18) Dangerously venomous arachnids and insects
6    including, but not limited to, all scorpions of the family
7    Buthidae; the genus Nebo; and any others that the
8    Department, by administrative rule, designates; spiders,
9    including, but not limited to, the genera Atrax, such as
10    funnel-web spiders; Chiracanthium, such as sac spiders;
11    Gorgyrella, such as African trapdoor spiders; Hadronyche,
12    such as funnel-web spiders; Latrodectus, such as widow
13    spiders; Loxosceles, such as recluse spiders; Macrothele,
14    such as funnel-web spiders; Missulena, such as mouse
15    spiders; Phoneutria, such as Brazilian wandering or
16    huntsman spiders; Sicarius, such as six-eyed crab spiders;
17    Steatoda, such as false black widows; centipedes,
18    including, but not limited to, the genera Scolopendra and
19    Strigamia; and any others that the Department, by
20    administrative rule, designates or deems medically
21    significant.
22        (19) Other animals that the Director, after consulting
23    with the Dangerous Animal Advisory Council, designates, by
24    administrative rule, as dangerous animals.
25        (20) Any individual animal identified by an authorized
26    law enforcement officer, which is not specifically listed



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1    but deemed dangerous by the Circuit Court based on the
2    actions of the animal and that poses a threat to human
3    safety.
4    "Department" means the Illinois Department of Natural
6    "Director" means the Director of the Illinois Department of
7Natural Resources.
8    "Person" means any individual, partnership, corporation,
9organization, trade or professional association, firm, limited
10liability company, joint venture, or group.
11    "Possessor" means any person who owns, possesses, keeps,
12harbors, brings into the State, cares for, acts as a custodian
13for, has in his or her custody or control, or holds a property
14right to a dangerous animal.
15    "Medically significant" means a venomous or poisonous
16species whose venom or toxin can cause illness in humans and
17requires medical attention; Usually such species are
18categorized as being "medically significant" or "medically
20    "Wildlife sanctuary" means any non-profit organization
22        (1) is exempt from taxation under the Internal Revenue
23    Code;
24        (2) is accredited by the Association of Sanctuaries
25    (TAOS);
26        (3) operates a place of refuge where exotic animals are



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1    provided care for their lifetime or released back to their
2    natural habitat;
3        (4) does not conduct activities on animals in its
4    possession that are not inherent to the animal's nature,
5        (5) does not use animals in its possession for
6    entertainment;
7        (6) does not sell, trade, or barter animals in its
8    possession or parts of those animals; and
9        (7) does not breed animals in its possession.
10    Section 10. Permit requirements.
11    (a) Prior to any person obtaining a Dangerous Animal
12Permit, the following criteria must be met:
13        (1) the person was in legal possession and is the legal
14    possessor of the dangerous animal prior to the effective
15    date of this Act;
16        (2) the person applies for and is granted a personal
17    possession permit for each dangerous animal in the person's
18    possession within 30 days after the enactment of this Act;
19    and
20        (3) prior to acquiring a dangerous animal, the person
21    must provide the name, address, date of birth, permit
22    number, telephone number of the possessor, type or species
23    and the date the animal is to be acquired.
24    (b) The applicant must comply with all requirements of this
25Act and the rules adopted by the Department to obtain a permit.



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1Prior to the issuance of the permit, the applicant must provide
2proof of liability insurance in the amount of $100,000 for each
3dangerous animal up to a maximum of $1,000,000 and the
4insurance is to be maintained during the term of the permit.
5    (c) An applicant for a Dangerous Animal Permit must file an
6application with the Department on a form provided by the
7Department. The application must include all information and
8requirements as set forth by administrative rule.
9    (d) The annual fee for a residential Dangerous Animal
10Permit shall be $250. All fees shall be deposited into the Fish
11and Wildlife Fund.
12    (e) The Department may issue a Limited Entry Permit to an
13applicant who: (i) is not a resident of the State; (ii)
14complies with the requirements of this Act and all rules
15adopted by the Department under the authority of this Act;
16(iii) provides proof to the Department that he or she will,
17during the entirety of the permit term, maintain sufficient
18liability insurance coverage; (iv) pays to the Department along
19with each application for a Limited Entry Permit a $100 fee,
20which the Department shall deposit into the Fish and Wildlife
21Fund; and (v) uses the animal for an activity authorized in the
22Limited Entry Permit.
23    A Limited Entry Permit shall be valid for not more than 30
24consecutive days unless extended by the Department, however, no
25extension shall be longer than 15 days.
26    (f) Each Dangerous Animal Permit is valid for one year



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1after the day on which it is issued by the Department. The
2Department shall adopt, by administrative rule, procedures for
3the renewal of Dangerous Animal Permits.
4    Section 15. Suspension and revocation of permits.
5    (a) A person who does not hold a Dangerous Animal Permit or
6Limited Entry Permit and who violates a provision of this Act
7or an administrative rule authorized under this Act shall have
8his or her permit revoked and privileges under this Act
9suspended for 5 years from the date that he or she is convicted
10of an initial offense, for 10 years from the date that he or
11she is convicted of a second offense, and for life for a third
13    (b) A person who holds a Dangerous Animal Permit or Limited
14Entry Permit and who violates the provisions of this Act shall
15have his or her permit revoked and permit privileges under this
16Act suspended for a period of 2 years from the date that he or
17she is convicted of an initial offense, for 10 years from the
18date that he or she is convicted of a second offense, and for
19life for a third offense.
20    (c) All fines and penalties with the exception of any
21special assessments shall be deposited into the Fish and
22Wildlife Fund. Special assessments shall be deposited and
23distributed according to the Circuit Court.
24    (h) A person whose privileges to possess a dangerous animal
25have been suspended or revoked may appeal that decision in



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1accordance with the provisions for appealing suspensions and
2revocations under Section 20-105 of Fish and Aquatic Life Code
3and Section 3.36 of the Wildlife Code.
4    Section 20. Record keeping requirements. A person who
5possesses a dangerous animal must maintain records pertaining
6to the acquisition, possession, and disposition of the animal
7as provided by administrative rule. These records shall be
8maintained for a minimum of 2 years after the date the animal
9is no longer in possession of the permit holder. All records
10are subject to inspection by authorized law enforcement
12    In addition to maintaining records, all dangerous animals
13must be either pit-tagged or micro-chipped to individually
14identify them and the pit-tag or microchip numbers are also to
15be maintained as other pertinent records.
16    Section 25. Injury to a member of the public by a dangerous
17animal. A person who possesses a dangerous animal without
18complying with the requirements of this Act and the rules
19adopted under the authority of this Act and whose dangerous
20animal physically attacks a person when the possessor knew or
21should have known that the animal had a propensity, when
22provoked or unprovoked, to attack, cause injury to, or
23otherwise substantially endanger a member of the public is
24guilty of a Class A misdemeanor. A person who fails to comply



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1with the provisions of this Act and the rules adopted under the
2authority of this Act and who intentionally or knowingly allows
3a dangerous animal to cause great bodily harm to, or the death
4of, a human is guilty of a Class 4 felony.
5    Section 30. Prohibited acts.
6    (a) Except as otherwise provided in this Act, a person
7shall not own, possess, keep, import, transfer, sell, purchase,
8harbor, bring into the State, breed, or have in his or her
9custody or control a dangerous animal.
10    (b) A person shall not release a dangerous animal into the
11wild at any time unless authorized by the Director.
12    (c) The possessor of a dangerous animal must immediately
13contact the animal control authority or law enforcement agency
14of the city or county where the possessor resides if a
15dangerous animal escapes or is released either intentionally or
17    (d) The possessor of a dangerous animal shall not keep,
18harbor, care for, transport, act as the custodian of, or
19maintain in his or her possession a dangerous animal in
20anything other than an escape-proof enclosure.
21    (e) The possessor of a dangerous animal shall not transport
22the animal to or possess the animal at a public venue,
23commercial establishment, retail establishment, or educational
24institution unless specifically authorized by permit or
25required to render veterinary care to the animal.



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1    (f) The possessor of a dangerous animal, at all reasonable
2times, shall not deny the Department or its designated agents
3and officers access to premises where the possessor keeps a
4dangerous animal to ensure compliance with this Act.
5    (g) A person shall not buy, sell, or barter, or offer to
6buy, sell, or barter a dangerous animal.
7    A violation of this subsection is subject to the penalties
8outlined in Sections 5-25 or 15-50 of the Fish and Aquatic Life
9Code or Section 2.36 of the Wildlife Code. For the purposes of
10the value of a species, no dangerous animal shall be valued at
11less than $250 or fair market value, whichever is greater.
12    Section 35. Penalties.
13    (a) A person who violates subsection (a), (b), (c), (d),
14(e), or (f) of Section 30 of this Act is guilty of a Class A
15misdemeanor for a first offense and a Class 4 felony for a
16second or subsequent offense occurring within one year after
17conviction of a first offense.
18    (b) A person who violates Section 20 is guilty of a Class B
20    (c) Each day of a violation constitutes a separate offense.
21    (d) All fines and penalties shall be deposited into the
22Fish and Wildlife Fund.
23    Section 40. Civil liability and immunity.
24    (a) If a dangerous animal escapes or is released, the owner



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1or possessor of the animal is liable for all costs incurred in
2apprehending and confining the animal.
3    (b) An animal control officer, law enforcement officer, or
4Department employee acting in his or her official capacity is
5not liable to any party in connection with the escape or
6release of a dangerous animal, including liability for any
7damage, injury, or death caused by or to the animal during or
8after the animal's escape or release or as a result of the
9apprehension or confinement of the animal after its escape or
11    (c) A licensed veterinarian who may have cause to treat an
12animal that is in violation of this Act shall not be held
13liable under this Act provided that the veterinarian (i)
14promptly reports violations of this Act of which he or she has
15knowledge to a law enforcement agency within 24 hours after
16becoming aware of the incident; (ii) provides the name,
17address, and phone number of the person possessing the animal
18at time of incident or treatment; (iii) provides the name and
19address of the owner of the animal if known; (iv) identifies
20the kind and number of animals being treated; and (v) describes
21the reason for the treatment of the animal.
22    Section 45. Seizure and forfeiture.
23    (a) If any person is found to possesses a dangerous animal
24that is not in compliance with the provisions of this Act,
25including any administrative rules, then the dangerous animal



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1and any equipment or items used contrary to this Act shall be
2subject to seizure and forfeiture by the Department. Any
3dangerous animal seized in violation of this Act may
4immediately be placed in a facility approved by the Department.
5    (b) If a person's dangerous animal has been seized by the
6Department, then the possessor of the dangerous animal is
7liable for the reasonable costs associated with the seizure,
8placement, testing, and care for the dangerous animal from the
9time of confiscation until the time the animal is relocated to
10an approved facility or person holding a valid Dangerous Animal
11Permit or is otherwise disposed of by the Department.
12    (c) Any dangerous animal and related items found abandoned
13shall become the property of the Department and disposed of
14according to Department rule.
15    (d) The Circuit Court, in addition to any other penalty,
16may award any seized of confiscated dangerous animals or items
17to the Department as provided for in Section 1-215 of the Fish
18and Aquatic Life Code and Section 1.25 of the Wildlife Code.
19Further, the Court, in addition to any other penalty, may
20assess a fee upon anyone who pleads guilty to the provisions of
21this Act equal to the amount established or determined to
22maintain the dangerous animal until it is permanently placed in
23a facility approved by the Department or otherwise disposed of.
24    (e) All fines and penalties, except court assessments,
25collected under the authority of this Section shall be
26deposited into the Fish and Wildlife Fund. Court assessments



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1shall be deposited and distributed by order of the Circuit
3    Section 50. Dangerous Animal Advisory Council. The
4Dangerous Animal Advisory Council is hereby created to assist
5the Director in reviewing the Department's list of dangerous
6animals and in making additions to that list. The Dangerous
7Animal Advisory Council shall be composed of the following
9        (1) the Director or his or her designee;
10        (2) one member from the Office of Law Enforcement,
11    appointed by the Director;
12        (3) one member from the Division of Natural Heritage,
13    appointed by the Director;
14        (4) one member from the Division of Wildlife Resources,
15    appointed by the Director;
16        (5) one member from the Division of Fisheries,
17    appointed by the Director;
18        (6) one member from the Department of Agriculture,
19    appointed by the Director of Agriculture; and
20        (7) one member from the Department of Public Health,
21    appointed by the Director of Public Health.
22    The purpose and function of the Council shall be set forth
23by administrative rule.
24    Section 60. Exemptions.



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1    (a) When acting in their official capacity, the following
2entities and their agents are exempt from the requirements of
3this Act:
4        (1) public zoos or aquaria accredited by the American
5    Zoo and Aquarium Association;
6        (2) licensed veterinary hospitals and clinics;
7        (3) wildlife sanctuaries;
8        (4) accredited research or medical institutions;
9        (5) licensed or accredited educational institutions;
10        (6) circuses licensed and in compliance with the Animal
11    Welfare Act and all rules adopted by the Department of
12    Agriculture;
13        (7) federal, State, and local law enforcement
14    officers, including animal control officers acting under
15    the authority of this Act;
16        (8) members of federal, State, or local agencies
17    approved by the Department; and
18        (9) any bonafide wildlife rehabilitation facility
19    licensed or otherwise authorized by the Department.
20    (b) This Act does not prohibit a person who is permanently
21disabled with a severe mobility impairment from possessing a
22single capuchin monkey to assist the person in performing daily
23tasks if:
24         (1) the capuchin monkey was obtained from and trained
25    at a licensed nonprofit organization described in Section
26    501(c)(3) of the Internal Revenue Code of 1986, the



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1    nonprofit tax status of which was obtained on the basis of
2    a mission to improve the quality of life of severely
3    mobility-impaired individuals; and
4        (2) the Department is notified once the capuchin monkey
5    is placed with a permanently disabled person.
6    (720 ILCS 585/Act rep.)
7    Section 90. The Illinois Dangerous Animals Act is repealed.