SB1824 EngrossedLRB099 09089 RLC 29279 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. Dangerous
7    animal does not mean any herptiles included in the
8    Herptiles-Herps Act.
9        "Owner" means any person who (1) has a right of
10    property in a dangerous animal or primate, (2) keeps or
11    harbors a dangerous animal or primate, (3) has a dangerous
12    animal or primate in his or her care, or (4) acts as
13    custodian of a dangerous animal or primate.
14        "Person" means any individual, firm, association,
15    partnership, corporation, or other legal entity, any
16    public or private institution, the State, or any municipal
17    corporation or political subdivision of the State.
18        "Primate" means a nonhuman member of the order primate,
19    including but not limited to chimpanzee, gorilla,
20    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
21    and tarsier.
22    (b) Dangerous animal or primate offense. No person shall
23have a right of property in, keep, harbor, care for, act as
24custodian of or maintain in his or her possession any dangerous
25animal or primate except at a properly maintained zoological
26park, federally licensed exhibit, circus, college or



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1university, scientific institution, research laboratory,
2veterinary hospital, hound running area, or animal refuge in an
3escape-proof enclosure.
4    (c) Exemptions.
5        (1) This Section does not prohibit a person who had
6    lawful possession of a primate before January 1, 2011, from
7    continuing to possess that primate if the person registers
8    the animal by providing written notification to the local
9    animal control administrator on or before April 1, 2011.
10    The notification shall include:
11            (A) the person's name, address, and telephone
12        number; and
13            (B) the type of primate, the age, a photograph, a
14        description of any tattoo, microchip, or other
15        identifying information, and a list of current
16        inoculations.
17        (2) This Section does not prohibit a person who is
18    permanently disabled with a severe mobility impairment
19    from possessing a single capuchin monkey to assist the
20    person in performing daily tasks if:
21            (A) the capuchin monkey was obtained from and
22        trained at a licensed nonprofit organization described
23        in Section 501(c)(3) of the Internal Revenue Code of
24        1986, the nonprofit tax status of which was obtained on
25        the basis of a mission to improve the quality of life
26        of severely mobility-impaired individuals; and



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1            (B) the person complies with the notification
2        requirements as described in paragraph (1) of this
3        subsection (c).
4        (3) This Section does not apply to a properly
5    maintained zoological park accredited by the Association
6    of Zoos and Aquariums (AZA), circus, college or university,
7    scientific institution, research laboratory, veterinary
8    hospital, hound running area, or animal refuge.
9        (4) This Section does not apply to a properly
10    maintained zoological park operated by a municipality,
11    county, park district, conservation district, forest
12    preserve district, or this State.
13        (5) This Section does not prohibit a person who
14    possesses a Class C exhibitor license from the U.S.
15    Department of Agriculture from possessing a dangerous
16    animal or primate; however, after the effective date of
17    this amendatory Act of the 99th General Assembly, the
18    person may not breed or otherwise acquire a dangerous
19    animal other than an ocelot, margay, lynx, bobcat,
20    jaguarundi, hyena, wolf, or coyote.
21        (6) This Section does not prohibit any motion picture
22    or television production company from employing or
23    contracting with a dealer or exhibitor licensed under
24    Section 2133 of the federal Animal Welfare Act (7 U.S.C.
25    2133) or with a carrier, intermediate handler, or
26    unlicensed exhibitor registered under Section 2136 of that



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1    Act (7 U.S.C. 2136) for the transportation, purchase,
2    exhibition, or use of dangerous animals in its motion
3    picture or television production.
4    (d) A person who registers a primate shall notify the local
5animal control administrator within 30 days of a change of
6address. If the person moves to another locality within the
7State, the person shall register the primate with the new local
8animal control administrator within 30 days of moving by
9providing written notification as provided in paragraph (1) of
10subsection (c) and shall include proof of the prior
12    (e) A person who registers a primate shall notify the local
13animal control administrator immediately if the primate dies,
14escapes, or bites, scratches, or injures a person.
15    (f) It is no defense to a violation of subsection (b) that
16the person violating subsection (b) has attempted to
17domesticate the dangerous animal. If there appears to be
18imminent danger to the public, any dangerous animal found not
19in compliance with the provisions of this Section shall be
20subject to seizure and may immediately be placed in an approved
21facility. Upon the conviction of a person for a violation of
22subsection (b), the animal with regard to which the conviction
23was obtained shall be confiscated and placed in an approved
24facility, with the owner responsible for all costs connected
25with the seizure and confiscation of the animal. Approved
26facilities include, but are not limited to, a zoological park,



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1federally licensed exhibit, humane society, veterinary
2hospital or animal refuge.
3    (g) Sentence. Any person violating this Section is guilty
4of a Class C misdemeanor. Any corporation or partnership, any
5officer, director, manager or managerial agent of the
6partnership or corporation who violates this Section or causes
7the partnership or corporation to violate this Section is
8guilty of a Class C misdemeanor. Each day of violation
9constitutes a separate offense.
10(Source: P.A. 97-1108, eff. 1-1-13; 98-752, eff. 1-1-15.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.