IL
Illinois House Bill HB4446

Illinois 2023-2024 Regular Session

Illinois House Bill HB4446 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4446 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 720 ILCS 5/48-10 Amends provisions of the Criminal Code of 2012 making it an offense to keep a dangerous animal, with specified exceptions. In the definition of "dangerous animal", includes a serval, caracal, kangaroo, and wallaby and any hybrid, intergrade, or cross of a listed dangerous animal. LRB103 37239 RLC 67359 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4446 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 720 ILCS 5/48-10 720 ILCS 5/48-10 Amends provisions of the Criminal Code of 2012 making it an offense to keep a dangerous animal, with specified exceptions. In the definition of "dangerous animal", includes a serval, caracal, kangaroo, and wallaby and any hybrid, intergrade, or cross of a listed dangerous animal. LRB103 37239 RLC 67359 b LRB103 37239 RLC 67359 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4446 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3+720 ILCS 5/48-10 720 ILCS 5/48-10
4+720 ILCS 5/48-10
5+Amends provisions of the Criminal Code of 2012 making it an offense to keep a dangerous animal, with specified exceptions. In the definition of "dangerous animal", includes a serval, caracal, kangaroo, and wallaby and any hybrid, intergrade, or cross of a listed dangerous animal.
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311 1 AN ACT concerning criminal law.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
6-4 Section 3. The Veterinary Medicine and Surgery Practice
7-5 Act of 2004 is amended by changing Section 18 as follows:
8-6 (225 ILCS 115/18) (from Ch. 111, par. 7018)
9-7 (Section scheduled to be repealed on January 1, 2029)
10-8 Sec. 18. Unless otherwise contractually provided between
11-9 veterinarian and client, a veterinarian may dispose of any
12-10 animal abandoned in his establishment, provided he shall give
13-11 notice of his intention to do so to the owner at the last-known
14-12 address by certified mail, return receipt requested, and shall
15-13 allow a period of 7 days to elapse after the receipt is
16-14 returned before disposing of such animal. But if the owner
17-15 cannot be located at such address, the veterinarian shall give
18-16 such notice by publication in a newspaper published and having
19-17 a circulation in the area in which such owner was last known to
20-18 reside and shall allow a period of 7 days to elapse after such
21-19 publication before disposing of such animal.
22-20 A veterinarian who, on his own initiative or other than at
23-21 the request of the owner, gives emergency treatment to a sick
24-22 or injured animal, including a dangerous animal as defined in
25-23 Section 48-10 of the Criminal Code of 2012, shall not be liable
14+4 Section 5. The Criminal Code of 2012 is amended by
15+5 changing Section 48-10 as follows:
16+6 (720 ILCS 5/48-10)
17+7 Sec. 48-10. Dangerous animals.
18+8 (a) Definitions. As used in this Section, unless the
19+9 context otherwise requires:
20+10 "Dangerous animal" means a lion, tiger, leopard,
21+11 ocelot, jaguar, cheetah, margay, mountain lion, lynx,
22+12 bobcat, jaguarundi, serval, bear, hyena, wolf, or coyote,
23+13 caracal, kangaroo, or wallaby or any hybrid, intergrade,
24+14 or cross thereof. Dangerous animal does not mean any
25+15 herptiles included in the Herptiles-Herps Act.
26+16 "Owner" means any person who (1) has a right of
27+17 property in a dangerous animal or primate, (2) keeps or
28+18 harbors a dangerous animal or primate, (3) has a dangerous
29+19 animal or primate in his or her care, or (4) acts as
30+20 custodian of a dangerous animal or primate.
31+21 "Person" means any individual, firm, association,
32+22 partnership, corporation, or other legal entity, any
33+23 public or private institution, the State, or any municipal
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34-1 for damages in the absence of gross negligence. If the
35-2 veterinarian performs a euthanasic act on an animal, there is
36-3 the presumption that such was a humane act necessary to
37-4 relieve the animal of suffering.
38-5 (Source: P.A. 83-1016.)
39-6 Section 5. The Criminal Code of 2012 is amended by
40-7 changing Section 48-10 as follows:
41-8 (720 ILCS 5/48-10)
42-9 Sec. 48-10. Dangerous animals.
43-10 (a) Definitions. As used in this Section, unless the
44-11 context otherwise requires:
45-12 "Dangerous animal" means a lion, tiger, leopard,
46-13 ocelot, jaguar, cheetah, margay, mountain lion, lynx,
47-14 bobcat, jaguarundi, serval, bear, hyena, wolf, or coyote,
48-15 caracal, kangaroo, wallaby, or any hybrid, intergrade, or
49-16 cross thereof. Dangerous animal does not mean any
50-17 herptiles included in the Herptiles-Herps Act.
51-18 "Federally licensed facility" means any commercial
52-19 animal dealer, exhibitor, research facility, or animal
53-20 transporter that is licensed and regulated by the United
54-21 States Government.
55-22 "Owner" means any person who (1) has a right of
56-23 property in a dangerous animal or primate, (2) keeps or
57-24 harbors a dangerous animal or primate, (3) has a dangerous
37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4446 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
38+720 ILCS 5/48-10 720 ILCS 5/48-10
39+720 ILCS 5/48-10
40+Amends provisions of the Criminal Code of 2012 making it an offense to keep a dangerous animal, with specified exceptions. In the definition of "dangerous animal", includes a serval, caracal, kangaroo, and wallaby and any hybrid, intergrade, or cross of a listed dangerous animal.
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68-1 animal or primate in his or her care, or (4) acts as
69-2 custodian of a dangerous animal or primate.
70-3 "Person" means any individual, firm, association,
71-4 partnership, corporation, or other legal entity, any
72-5 public or private institution, the State, or any municipal
73-6 corporation or political subdivision of the State.
74-7 "Primate" means a nonhuman member of the order
75-8 primate, including but not limited to chimpanzee, gorilla,
76-9 orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
77-10 and tarsier.
78-11 (b) Dangerous animal or primate offense. No person shall
79-12 have a right of property in, keep, harbor, care for, act as
80-13 custodian of or maintain in his or her possession any
81-14 dangerous animal or primate except at or by a:
82-15 (1) federally licensed facility,
83-16 (2) veterinary hospital, or
84-17 (3) permitted hound running area and only for
85-18 possession of coyotes.
86-19 The exemptions listed in this Section do not exempt
87-20 persons from having to be in compliance with the Wildlife Code
88-21 or the Endangered Species Act, including, but not limited to,
89-22 prohibitions on possession of any dangerous animal.
90-23 properly maintained zoological park, federally licensed
91-24 exhibit, circus, college or university, scientific
92-25 institution, research laboratory, veterinary hospital, hound
93-26 running area, or animal refuge in an escape-proof enclosure.
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104-1 (c) Exemptions.
105-2 (1) This Section does not prohibit a person who had
106-3 lawful possession of a primate before January 1, 2011,
107-4 from continuing to possess that primate if the person
108-5 registers the animal by providing written notification to
109-6 the local animal control administrator on or before April
110-7 1, 2011. The notification shall include:
111-8 (A) the person's name, address, and telephone
112-9 number; and
113-10 (B) the type of primate, the age, a photograph, a
114-11 description of any tattoo, microchip, or other
115-12 identifying information, and a list of current
116-13 inoculations.
117-14 (2) This Section does not prohibit a person who has a
118-15 permanent disability with a severe mobility impairment
119-16 from possessing a single capuchin monkey to assist the
120-17 person in performing daily tasks if:
121-18 (A) the capuchin monkey was obtained from and
122-19 trained at a licensed nonprofit organization described
123-20 in Section 501(c)(3) of the Internal Revenue Code of
124-21 1986, the nonprofit tax status of which was obtained
125-22 on the basis of a mission to improve the quality of
126-23 life of severely mobility-impaired individuals; and
127-24 (B) the person complies with the notification
128-25 requirements as described in paragraph (1) of this
129-26 subsection (c).
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68+1 corporation or political subdivision of the State.
69+2 "Primate" means a nonhuman member of the order
70+3 primate, including but not limited to chimpanzee, gorilla,
71+4 orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
72+5 and tarsier.
73+6 (b) Dangerous animal or primate offense. No person shall
74+7 have a right of property in, keep, harbor, care for, act as
75+8 custodian of or maintain in his or her possession any
76+9 dangerous animal or primate except at a properly maintained
77+10 zoological park, federally licensed exhibit, circus, college
78+11 or university, scientific institution, research laboratory,
79+12 veterinary hospital, hound running area, or animal refuge in
80+13 an escape-proof enclosure.
81+14 (c) Exemptions.
82+15 (1) This Section does not prohibit a person who had
83+16 lawful possession of a primate before January 1, 2011,
84+17 from continuing to possess that primate if the person
85+18 registers the animal by providing written notification to
86+19 the local animal control administrator on or before April
87+20 1, 2011. The notification shall include:
88+21 (A) the person's name, address, and telephone
89+22 number; and
90+23 (B) the type of primate, the age, a photograph, a
91+24 description of any tattoo, microchip, or other
92+25 identifying information, and a list of current
93+26 inoculations.
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140-1 (3) It is an affirmative defense for a prosecution
141-2 under this Section if a person had lawful possession of a
142-3 feline crossbreed between a serval cat and a domesticated
143-4 cat and the possessor of the animal proves that the
144-5 possessor possessed the animal before the effective date
145-6 of this amendatory Act of the 103rd General Assembly.
146-7 (d) A person who registers a primate shall notify the
147-8 local animal control administrator within 30 days of a change
148-9 of address. If the person moves to another locality within the
149-10 State, the person shall register the primate with the new
150-11 local animal control administrator within 30 days of moving by
151-12 providing written notification as provided in paragraph (1) of
152-13 subsection (c) and shall include proof of the prior
153-14 registration.
154-15 (e) A person who registers a primate shall notify the
155-16 local animal control administrator immediately if the primate
156-17 dies, escapes, or bites, scratches, or injures a person.
157-18 (f) It is no defense to a violation of subsection (b) that
158-19 the person violating subsection (b) has attempted to
159-20 domesticate the dangerous animal. If there appears to be
160-21 imminent danger to the public, any dangerous animal found not
161-22 in compliance with the provisions of this Section shall be
162-23 subject to seizure and may immediately be placed in a
163-24 federally licensed an approved facility or veterinary
164-25 hospital. Upon the conviction of a person for a violation of
165-26 subsection (b), the animal with regard to which the conviction
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104+1 (2) This Section does not prohibit a person who has a
105+2 permanent disability with a severe mobility impairment
106+3 from possessing a single capuchin monkey to assist the
107+4 person in performing daily tasks if:
108+5 (A) the capuchin monkey was obtained from and
109+6 trained at a licensed nonprofit organization described
110+7 in Section 501(c)(3) of the Internal Revenue Code of
111+8 1986, the nonprofit tax status of which was obtained
112+9 on the basis of a mission to improve the quality of
113+10 life of severely mobility-impaired individuals; and
114+11 (B) the person complies with the notification
115+12 requirements as described in paragraph (1) of this
116+13 subsection (c).
117+14 (d) A person who registers a primate shall notify the
118+15 local animal control administrator within 30 days of a change
119+16 of address. If the person moves to another locality within the
120+17 State, the person shall register the primate with the new
121+18 local animal control administrator within 30 days of moving by
122+19 providing written notification as provided in paragraph (1) of
123+20 subsection (c) and shall include proof of the prior
124+21 registration.
125+22 (e) A person who registers a primate shall notify the
126+23 local animal control administrator immediately if the primate
127+24 dies, escapes, or bites, scratches, or injures a person.
128+25 (f) It is no defense to a violation of subsection (b) that
129+26 the person violating subsection (b) has attempted to
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