Illinois General Assembly - Full Text of SB1824
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Full Text of SB1824  99th General Assembly


Rep. Michael J. Zalewski

Filed: 5/25/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 1824 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



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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. Dangerous
14    animal does not mean any herptiles included in the
15    Herptiles-Herps Act.
16        "Owner" means any person who (1) has a right of
17    property in a dangerous animal or primate, (2) keeps or
18    harbors a dangerous animal or primate, (3) has a dangerous
19    animal or primate in his or her care, or (4) acts as
20    custodian of a dangerous animal or primate.
21        "Person" means any individual, firm, association,
22    partnership, corporation, or other legal entity, any
23    public or private institution, the State, or any municipal
24    corporation or political subdivision of the State.
25        "Primate" means a nonhuman member of the order primate,
26    including but not limited to chimpanzee, gorilla,



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



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1    person in performing daily tasks if:
2            (A) the capuchin monkey was obtained from and
3        trained at a licensed nonprofit organization described
4        in Section 501(c)(3) of the Internal Revenue Code of
5        1986, the nonprofit tax status of which was obtained on
6        the basis of a mission to improve the quality of life
7        of severely mobility-impaired individuals; and
8            (B) the person complies with the notification
9        requirements as described in paragraph (1) of this
10        subsection (c).
11        (3) This Section does not apply to a properly
12    maintained zoological park accredited by the Association
13    of Zoos and Aquariums (AZA), circus, college or university,
14    scientific institution, research laboratory, veterinary
15    hospital, hound running area, or animal refuge.
16        (4) This Section does not apply to a properly
17    maintained zoological park operated by a municipality,
18    county, park district, conservation district, forest
19    preserve district, or this State.
20        (5) This Section does not prohibit a person who
21    possesses a Class C exhibitor license from the U.S.
22    Department of Agriculture from possessing a dangerous
23    animal or primate; however, after the effective date of
24    this amendatory Act of the 99th General Assembly, the
25    person may not breed or otherwise acquire a dangerous
26    animal other than an ocelot, margay, lynx, bobcat,



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1    jaguarundi, hyena, wolf, or coyote.
2        (6) This Section does not prohibit any motion picture
3    or television production company from employing or
4    contracting with a dealer or exhibitor licensed under
5    Section 2133 of the federal Animal Welfare Act (7 U.S.C.
6    2133) or with a carrier, intermediate handler, or
7    unlicensed exhibitor registered under Section 2136 of that
8    Act (7 U.S.C. 2136) for the transportation, purchase,
9    exhibition, or use of dangerous animals in its motion
10    picture or television production.
11        (7) This Section does not apply to an organization that
12    meets each of the following criteria:
13            (A) is exempt from taxation under Section
14        501(c)(3) of the federal Internal Revenue Code;
15            (B) possesses a Class C exhibitor license from the
16        United States Department of Agriculture;
17            (C) was formerly operated by a State agency; and
18            (D) does not house non-native dangerous animals.
19    (d) A person who registers a primate shall notify the local
20animal control administrator within 30 days of a change of
21address. If the person moves to another locality within the
22State, the person shall register the primate with the new local
23animal control administrator within 30 days of moving by
24providing written notification as provided in paragraph (1) of
25subsection (c) and shall include proof of the prior



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1    (e) A person who registers a primate shall notify the local
2animal control administrator immediately if the primate dies,
3escapes, or bites, scratches, or injures a person.
4    (f) It is no defense to a violation of subsection (b) that
5the person violating subsection (b) has attempted to
6domesticate the dangerous animal. If there appears to be
7imminent danger to the public, any dangerous animal found not
8in compliance with the provisions of this Section shall be
9subject to seizure and may immediately be placed in an approved
10facility. Upon the conviction of a person for a violation of
11subsection (b), the animal with regard to which the conviction
12was obtained shall be confiscated and placed in an approved
13facility, with the owner responsible for all costs connected
14with the seizure and confiscation of the animal. Approved
15facilities include, but are not limited to, a zoological park,
16federally licensed exhibit, humane society, veterinary
17hospital or animal refuge.
18    (g) Sentence. Any person violating this Section is guilty
19of a Class C misdemeanor. Any corporation or partnership, any
20officer, director, manager or managerial agent of the
21partnership or corporation who violates this Section or causes
22the partnership or corporation to violate this Section is
23guilty of a Class C misdemeanor. Each day of violation
24constitutes a separate offense.
25(Source: P.A. 97-1108, eff. 1-1-13; 98-752, eff. 1-1-15.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".