Bill Text: IL HB5940 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012 concerning dangerous animals. Adds a definition of "animal refuge" to the statute on dangerous animals. Provides that it is unlawful for any person to allow a member of the public to come into direct contact with a dangerous animal. Provides that the prohibition on possessing dangerous animals does not apply to a properly maintained zoological park accredited by the Association of Zoos and Aquariums (AZA), circus, college or university, scientific institution, research laboratory, veterinary hospital, hound running area, or animal refuge, if the dangerous animal or primate is kept in an escape-proof enclosure. Provides that the prohibition on possessing dangerous animals does not prohibit a person who possesses a Class C exhibitor license from the U.S. Department of Agriculture from possessing a dangerous animal or primate; however, after June 1, 2014 the person may not breed or otherwise acquire a dangerous animal other than an ocelot, margay, lynx, bobcat, jaguarundi, hyena, wolf or coyote, or any poisonous or life-threatening reptile. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2015-01-04 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB5940 Detail]

Download: Illinois-2013-HB5940-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 48-10 as follows:
(720 ILCS 5/48-10)
Sec. 48-10. Dangerous animals.
(a) Definitions. As used in this Section, unless the
context otherwise requires:
"Animal refuge" means a not for profit entity that:
(1) operates a place of sanctuary where abused,
neglected, unwanted, impounded, abandoned, orphaned, or
displaced animals are provided care for the lifetime of the
animal;
(2) does not conduct any commercial activity with
respect to dangerous animals, including, but not limited
to, (i) sale, trade, auction, lease, or loan of dangerous
animals or parts of these animals, or (ii) use of dangerous
animals in any manner in a for-profit business or
operation;
(3) does not use dangerous animals for entertainment
purposes or in a traveling exhibit;
(4) does not breed any dangerous animals; and

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(5) does not allow members of the public the
opportunity to come into direct contact with dangerous
animals.
"Dangerous animal" means a lion, tiger, leopard,
ocelot, jaguar, cheetah, margay, mountain lion, lynx,
bobcat, jaguarundi, bear, hyena, wolf or coyote, or any
poisonous or life-threatening reptile.
"Owner" means any person who (1) has a right of
property in a dangerous animal or primate, (2) keeps or
harbors a dangerous animal or primate, (3) has a dangerous
animal or primate in his or her care, or (4) acts as
custodian of a dangerous animal or primate.
"Person" means any individual, firm, association,
partnership, corporation, or other legal entity, any
public or private institution, the State, or any municipal
corporation or political subdivision of the State.
"Primate" means a nonhuman member of the order primate,
including but not limited to chimpanzee, gorilla,
orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
and tarsier.
(b) Dangerous animal or primate offense. No person shall
have a right of property in, keep, harbor, care for, act as
custodian of or maintain in his or her possession any dangerous
animal or primate except at a properly maintained zoological
park, federally licensed exhibit, circus, college or
university, scientific institution, research laboratory,

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

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requirements as described in paragraph (1) of this
subsection (c).
(3) This Section does not apply to a properly
maintained zoological park accredited by the Association
of Zoos and Aquariums (AZA), circus, college or university,
scientific institution, research laboratory, veterinary
hospital, hound running area, or animal refuge.
(4) This Section does not apply to a properly
maintained zoological park operated by a municipality,
county, forest preserve district, or this State.
(5) This Section does not prohibit a person who
possesses a Class C exhibitor license from the U.S.
Department of Agriculture from possessing a dangerous
animal or primate; however, after June 1, 2014 the person
may not breed or otherwise acquire a dangerous animal other
than an ocelot, margay, lynx, bobcat, jaguarundi, hyena,
wolf or coyote, or any poisonous or life-threatening
reptile.
(6) This Section does not prohibit any motion picture
or television production company from employing or
contracting with a dealer or exhibitor licensed under
Section 2133 of the federal Animal Welfare Act (7 U.S.C.
2133) or with a carrier, intermediate handler, or
unlicensed exhibitor registered under Section 2136 of that
Act (7 U.S.C. 2136) for the transportation, purchase,
exhibition, or use of dangerous animals in its motion

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picture or television production.
(d) A person who registers a primate shall notify the local
animal control administrator within 30 days of a change of
address. If the person moves to another locality within the
State, the person shall register the primate with the new local
animal control administrator within 30 days of moving by
providing written notification as provided in paragraph (1) of
subsection (c) and shall include proof of the prior
registration.
(e) A person who registers a primate shall notify the local
animal control administrator immediately if the primate dies,
escapes, or bites, scratches, or injures a person.
(f) It is no defense to a violation of subsection (b) that
the person violating subsection (b) has attempted to
domesticate the dangerous animal. If there appears to be
imminent danger to the public, any dangerous animal found not
in compliance with the provisions of this Section shall be
subject to seizure and may immediately be placed in an approved
facility. Upon the conviction of a person for a violation of
subsection (b), the animal with regard to which the conviction
was obtained shall be confiscated and placed in an approved
facility, with the owner responsible for all costs connected
with the seizure and confiscation of the animal. Approved
facilities include, but are not limited to, a zoological park,
federally licensed exhibit, humane society, veterinary
hospital or animal refuge.

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(g) Sentence. Any person violating this Section is guilty
of a Class C misdemeanor. Any corporation or partnership, any
officer, director, manager or managerial agent of the
partnership or corporation who violates this Section or causes
the partnership or corporation to violate this Section is
guilty of a Class C misdemeanor. Each day of violation
constitutes a separate offense.
(Source: P.A. 97-1108, eff. 1-1-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.