1 | 1 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1192 Introduced 1/24/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 225 ILCS 115/18 from Ch. 111, par. 7018720 ILCS 5/48-10 Amends the Veterinary Medicine and Surgery Practice Act of 2004. In the provision that a veterinarian who, on his or her own initiative or other than at the request of the owner, gives emergency treatment to a sick or injured animal shall not be liable for damages in the absence of gross negligence, includes giving emergency treatment to a dangerous animal, as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that "dangerous animal", in addition to the other animals listed in the dangerous animals statute, includes a serval, caracal, kangaroo, wallaby, or any hybrid, intergrade, or cross of such an animal. Provides that 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 or by a: (1) federally licensed facility, (2) veterinary hospital, or (3) permitted hound running area and only for possession of coyotes. Provides that the exemptions listed in the provision do not exempt persons from having to be in compliance with the Wildlife Code or the Endangered Species Act, including, but not limited to, prohibitions on possession of any dangerous animal. Provides that nothing in the provision shall be construed to apply to a motion picture, television, or digital media production company employing or contracting with a dealer or exhibitor licensed under the federal Animal Welfare Act or with a carrier, intermediate handler, or unlicensed exhibitor registered under that Act for the transportation, purchase, exhibition, or use of animals in its motion picture, television, or digital media production. Provides that it is an affirmative defense for a prosecution under this provision if a person had lawful possession of a feline crossbreed between a serval cat and a domesticated cat and the possessor of the animal proves that the possessor possessed the animal before the effective date of the amendatory Act. Defines "federally licensed facility". LRB104 07518 RLC 17562 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1192 Introduced 1/24/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 225 ILCS 115/18 from Ch. 111, par. 7018720 ILCS 5/48-10 225 ILCS 115/18 from Ch. 111, par. 7018 720 ILCS 5/48-10 Amends the Veterinary Medicine and Surgery Practice Act of 2004. In the provision that a veterinarian who, on his or her own initiative or other than at the request of the owner, gives emergency treatment to a sick or injured animal shall not be liable for damages in the absence of gross negligence, includes giving emergency treatment to a dangerous animal, as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that "dangerous animal", in addition to the other animals listed in the dangerous animals statute, includes a serval, caracal, kangaroo, wallaby, or any hybrid, intergrade, or cross of such an animal. Provides that 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 or by a: (1) federally licensed facility, (2) veterinary hospital, or (3) permitted hound running area and only for possession of coyotes. Provides that the exemptions listed in the provision do not exempt persons from having to be in compliance with the Wildlife Code or the Endangered Species Act, including, but not limited to, prohibitions on possession of any dangerous animal. Provides that nothing in the provision shall be construed to apply to a motion picture, television, or digital media production company employing or contracting with a dealer or exhibitor licensed under the federal Animal Welfare Act or with a carrier, intermediate handler, or unlicensed exhibitor registered under that Act for the transportation, purchase, exhibition, or use of animals in its motion picture, television, or digital media production. Provides that it is an affirmative defense for a prosecution under this provision if a person had lawful possession of a feline crossbreed between a serval cat and a domesticated cat and the possessor of the animal proves that the possessor possessed the animal before the effective date of the amendatory Act. Defines "federally licensed facility". LRB104 07518 RLC 17562 b LRB104 07518 RLC 17562 b A BILL FOR |
---|
2 | 2 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1192 Introduced 1/24/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: |
---|
3 | 3 | | 225 ILCS 115/18 from Ch. 111, par. 7018720 ILCS 5/48-10 225 ILCS 115/18 from Ch. 111, par. 7018 720 ILCS 5/48-10 |
---|
4 | 4 | | 225 ILCS 115/18 from Ch. 111, par. 7018 |
---|
5 | 5 | | 720 ILCS 5/48-10 |
---|
6 | 6 | | Amends the Veterinary Medicine and Surgery Practice Act of 2004. In the provision that a veterinarian who, on his or her own initiative or other than at the request of the owner, gives emergency treatment to a sick or injured animal shall not be liable for damages in the absence of gross negligence, includes giving emergency treatment to a dangerous animal, as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that "dangerous animal", in addition to the other animals listed in the dangerous animals statute, includes a serval, caracal, kangaroo, wallaby, or any hybrid, intergrade, or cross of such an animal. Provides that 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 or by a: (1) federally licensed facility, (2) veterinary hospital, or (3) permitted hound running area and only for possession of coyotes. Provides that the exemptions listed in the provision do not exempt persons from having to be in compliance with the Wildlife Code or the Endangered Species Act, including, but not limited to, prohibitions on possession of any dangerous animal. Provides that nothing in the provision shall be construed to apply to a motion picture, television, or digital media production company employing or contracting with a dealer or exhibitor licensed under the federal Animal Welfare Act or with a carrier, intermediate handler, or unlicensed exhibitor registered under that Act for the transportation, purchase, exhibition, or use of animals in its motion picture, television, or digital media production. Provides that it is an affirmative defense for a prosecution under this provision if a person had lawful possession of a feline crossbreed between a serval cat and a domesticated cat and the possessor of the animal proves that the possessor possessed the animal before the effective date of the amendatory Act. Defines "federally licensed facility". |
---|
7 | 7 | | LRB104 07518 RLC 17562 b LRB104 07518 RLC 17562 b |
---|
8 | 8 | | LRB104 07518 RLC 17562 b |
---|
9 | 9 | | A BILL FOR |
---|
10 | 10 | | SB1192LRB104 07518 RLC 17562 b SB1192 LRB104 07518 RLC 17562 b |
---|
11 | 11 | | SB1192 LRB104 07518 RLC 17562 b |
---|
12 | 12 | | 1 AN ACT concerning dangerous animals. |
---|
13 | 13 | | 2 Be it enacted by the People of the State of Illinois, |
---|
14 | 14 | | 3 represented in the General Assembly: |
---|
15 | 15 | | 4 Section 5. The Veterinary Medicine and Surgery Practice |
---|
16 | 16 | | 5 Act of 2004 is amended by changing Section 18 as follows: |
---|
17 | 17 | | 6 (225 ILCS 115/18) (from Ch. 111, par. 7018) |
---|
18 | 18 | | 7 (Section scheduled to be repealed on January 1, 2029) |
---|
19 | 19 | | 8 Sec. 18. Unless otherwise contractually provided between |
---|
20 | 20 | | 9 veterinarian and client, a veterinarian may dispose of any |
---|
21 | 21 | | 10 animal abandoned in his establishment, provided he shall give |
---|
22 | 22 | | 11 notice of his intention to do so to the owner at the last-known |
---|
23 | 23 | | 12 address by certified mail, return receipt requested, and shall |
---|
24 | 24 | | 13 allow a period of 7 days to elapse after the receipt is |
---|
25 | 25 | | 14 returned before disposing of such animal. But if the owner |
---|
26 | 26 | | 15 cannot be located at such address, the veterinarian shall give |
---|
27 | 27 | | 16 such notice by publication in a newspaper published and having |
---|
28 | 28 | | 17 a circulation in the area in which such owner was last known to |
---|
29 | 29 | | 18 reside and shall allow a period of 7 days to elapse after such |
---|
30 | 30 | | 19 publication before disposing of such animal. |
---|
31 | 31 | | 20 A veterinarian who, on his own initiative or other than at |
---|
32 | 32 | | 21 the request of the owner, gives emergency treatment to a sick |
---|
33 | 33 | | 22 or injured animal, including a dangerous animal, as defined in |
---|
34 | 34 | | 23 Section 48-10 of the Criminal Code of 2012, shall not be liable |
---|
35 | 35 | | |
---|
36 | 36 | | |
---|
37 | 37 | | |
---|
38 | 38 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1192 Introduced 1/24/2025, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: |
---|
39 | 39 | | 225 ILCS 115/18 from Ch. 111, par. 7018720 ILCS 5/48-10 225 ILCS 115/18 from Ch. 111, par. 7018 720 ILCS 5/48-10 |
---|
40 | 40 | | 225 ILCS 115/18 from Ch. 111, par. 7018 |
---|
41 | 41 | | 720 ILCS 5/48-10 |
---|
42 | 42 | | Amends the Veterinary Medicine and Surgery Practice Act of 2004. In the provision that a veterinarian who, on his or her own initiative or other than at the request of the owner, gives emergency treatment to a sick or injured animal shall not be liable for damages in the absence of gross negligence, includes giving emergency treatment to a dangerous animal, as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Provides that "dangerous animal", in addition to the other animals listed in the dangerous animals statute, includes a serval, caracal, kangaroo, wallaby, or any hybrid, intergrade, or cross of such an animal. Provides that 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 or by a: (1) federally licensed facility, (2) veterinary hospital, or (3) permitted hound running area and only for possession of coyotes. Provides that the exemptions listed in the provision do not exempt persons from having to be in compliance with the Wildlife Code or the Endangered Species Act, including, but not limited to, prohibitions on possession of any dangerous animal. Provides that nothing in the provision shall be construed to apply to a motion picture, television, or digital media production company employing or contracting with a dealer or exhibitor licensed under the federal Animal Welfare Act or with a carrier, intermediate handler, or unlicensed exhibitor registered under that Act for the transportation, purchase, exhibition, or use of animals in its motion picture, television, or digital media production. Provides that it is an affirmative defense for a prosecution under this provision if a person had lawful possession of a feline crossbreed between a serval cat and a domesticated cat and the possessor of the animal proves that the possessor possessed the animal before the effective date of the amendatory Act. Defines "federally licensed facility". |
---|
43 | 43 | | LRB104 07518 RLC 17562 b LRB104 07518 RLC 17562 b |
---|
44 | 44 | | LRB104 07518 RLC 17562 b |
---|
45 | 45 | | A BILL FOR |
---|
46 | 46 | | |
---|
47 | 47 | | |
---|
48 | 48 | | |
---|
49 | 49 | | |
---|
50 | 50 | | |
---|
51 | 51 | | 225 ILCS 115/18 from Ch. 111, par. 7018 |
---|
52 | 52 | | 720 ILCS 5/48-10 |
---|
53 | 53 | | |
---|
54 | 54 | | |
---|
55 | 55 | | |
---|
56 | 56 | | LRB104 07518 RLC 17562 b |
---|
57 | 57 | | |
---|
58 | 58 | | |
---|
59 | 59 | | |
---|
60 | 60 | | |
---|
61 | 61 | | |
---|
62 | 62 | | |
---|
63 | 63 | | |
---|
64 | 64 | | |
---|
65 | 65 | | |
---|
66 | 66 | | SB1192 LRB104 07518 RLC 17562 b |
---|
67 | 67 | | |
---|
68 | 68 | | |
---|
69 | 69 | | SB1192- 2 -LRB104 07518 RLC 17562 b SB1192 - 2 - LRB104 07518 RLC 17562 b |
---|
70 | 70 | | SB1192 - 2 - LRB104 07518 RLC 17562 b |
---|
71 | 71 | | 1 for damages in the absence of gross negligence. If the |
---|
72 | 72 | | 2 veterinarian performs a euthanasic act on an animal, there is |
---|
73 | 73 | | 3 the presumption that such was a humane act necessary to |
---|
74 | 74 | | 4 relieve the animal of suffering. |
---|
75 | 75 | | 5 (Source: P.A. 83-1016.) |
---|
76 | 76 | | 6 Section 10. The Criminal Code of 2012 is amended by |
---|
77 | 77 | | 7 changing Section 48-10 as follows: |
---|
78 | 78 | | 8 (720 ILCS 5/48-10) |
---|
79 | 79 | | 9 Sec. 48-10. Dangerous animals. |
---|
80 | 80 | | 10 (a) Definitions. As used in this Section, unless the |
---|
81 | 81 | | 11 context otherwise requires: |
---|
82 | 82 | | 12 "Dangerous animal" means a lion, tiger, leopard, |
---|
83 | 83 | | 13 ocelot, jaguar, cheetah, margay, mountain lion, lynx, |
---|
84 | 84 | | 14 bobcat, jaguarundi, serval, bear, hyena, wolf, or coyote, |
---|
85 | 85 | | 15 caracal, kangaroo, wallaby, or any hybrid, intergrade, or |
---|
86 | 86 | | 16 cross of such an animal. Dangerous animal does not mean |
---|
87 | 87 | | 17 any herptiles included in the Herptiles-Herps Act. |
---|
88 | 88 | | 18 "Federally licensed facility" means any commercial |
---|
89 | 89 | | 19 animal dealer, exhibitor, research facility, or animal |
---|
90 | 90 | | 20 transporter that is licensed and regulated by the United |
---|
91 | 91 | | 21 States. |
---|
92 | 92 | | 22 "Owner" means any person who (1) has a right of |
---|
93 | 93 | | 23 property in a dangerous animal or primate, (2) keeps or |
---|
94 | 94 | | 24 harbors a dangerous animal or primate, (3) has a dangerous |
---|
95 | 95 | | |
---|
96 | 96 | | |
---|
97 | 97 | | |
---|
98 | 98 | | |
---|
99 | 99 | | |
---|
100 | 100 | | SB1192 - 2 - LRB104 07518 RLC 17562 b |
---|
101 | 101 | | |
---|
102 | 102 | | |
---|
103 | 103 | | SB1192- 3 -LRB104 07518 RLC 17562 b SB1192 - 3 - LRB104 07518 RLC 17562 b |
---|
104 | 104 | | SB1192 - 3 - LRB104 07518 RLC 17562 b |
---|
105 | 105 | | 1 animal or primate in his or her care, or (4) acts as |
---|
106 | 106 | | 2 custodian of a dangerous animal or primate. |
---|
107 | 107 | | 3 "Person" means any individual, firm, association, |
---|
108 | 108 | | 4 partnership, corporation, or other legal entity, any |
---|
109 | 109 | | 5 public or private institution, the State, or any municipal |
---|
110 | 110 | | 6 corporation or political subdivision of the State. |
---|
111 | 111 | | 7 "Primate" means a nonhuman member of the order |
---|
112 | 112 | | 8 primate, including but not limited to chimpanzee, gorilla, |
---|
113 | 113 | | 9 orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, |
---|
114 | 114 | | 10 and tarsier. |
---|
115 | 115 | | 11 (b) Dangerous animal or primate offense. No person shall |
---|
116 | 116 | | 12 have a right of property in, keep, harbor, care for, act as |
---|
117 | 117 | | 13 custodian of or maintain in his or her possession any |
---|
118 | 118 | | 14 dangerous animal or primate except at or by a: |
---|
119 | 119 | | 15 (1) federally licensed facility, |
---|
120 | 120 | | 16 (2) veterinary hospital, or |
---|
121 | 121 | | 17 (3) permitted hound running area and only for |
---|
122 | 122 | | 18 possession of coyotes. |
---|
123 | 123 | | 19 The exemptions listed in this Section do not exempt |
---|
124 | 124 | | 20 persons from having to be in compliance with the Wildlife Code |
---|
125 | 125 | | 21 or the Endangered Species Act, including, but not limited to, |
---|
126 | 126 | | 22 prohibitions on possession of any dangerous animal. |
---|
127 | 127 | | 23 properly maintained zoological park, federally licensed |
---|
128 | 128 | | 24 exhibit, circus, college or university, scientific |
---|
129 | 129 | | 25 institution, research laboratory, veterinary hospital, hound |
---|
130 | 130 | | 26 running area, or animal refuge in an escape-proof enclosure. |
---|
131 | 131 | | |
---|
132 | 132 | | |
---|
133 | 133 | | |
---|
134 | 134 | | |
---|
135 | 135 | | |
---|
136 | 136 | | SB1192 - 3 - LRB104 07518 RLC 17562 b |
---|
137 | 137 | | |
---|
138 | 138 | | |
---|
139 | 139 | | SB1192- 4 -LRB104 07518 RLC 17562 b SB1192 - 4 - LRB104 07518 RLC 17562 b |
---|
140 | 140 | | SB1192 - 4 - LRB104 07518 RLC 17562 b |
---|
141 | 141 | | 1 (c) Exemptions. |
---|
142 | 142 | | 2 (1) This Section does not prohibit a person who had |
---|
143 | 143 | | 3 lawful possession of a primate before January 1, 2011, |
---|
144 | 144 | | 4 from continuing to possess that primate if the person |
---|
145 | 145 | | 5 registers the animal by providing written notification to |
---|
146 | 146 | | 6 the local animal control administrator on or before April |
---|
147 | 147 | | 7 1, 2011. The notification shall include: |
---|
148 | 148 | | 8 (A) the person's name, address, and telephone |
---|
149 | 149 | | 9 number; and |
---|
150 | 150 | | 10 (B) the type of primate, the age, a photograph, a |
---|
151 | 151 | | 11 description of any tattoo, microchip, or other |
---|
152 | 152 | | 12 identifying information, and a list of current |
---|
153 | 153 | | 13 inoculations. |
---|
154 | 154 | | 14 (2) This Section does not prohibit a person who has a |
---|
155 | 155 | | 15 permanent disability with a severe mobility impairment |
---|
156 | 156 | | 16 from possessing a single capuchin monkey to assist the |
---|
157 | 157 | | 17 person in performing daily tasks if: |
---|
158 | 158 | | 18 (A) the capuchin monkey was obtained from and |
---|
159 | 159 | | 19 trained at a licensed nonprofit organization described |
---|
160 | 160 | | 20 in Section 501(c)(3) of the Internal Revenue Code of |
---|
161 | 161 | | 21 1986, the nonprofit tax status of which was obtained |
---|
162 | 162 | | 22 on the basis of a mission to improve the quality of |
---|
163 | 163 | | 23 life of severely mobility-impaired individuals; and |
---|
164 | 164 | | 24 (B) the person complies with the notification |
---|
165 | 165 | | 25 requirements as described in paragraph (1) of this |
---|
166 | 166 | | 26 subsection (c). |
---|
167 | 167 | | |
---|
168 | 168 | | |
---|
169 | 169 | | |
---|
170 | 170 | | |
---|
171 | 171 | | |
---|
172 | 172 | | SB1192 - 4 - LRB104 07518 RLC 17562 b |
---|
173 | 173 | | |
---|
174 | 174 | | |
---|
175 | 175 | | SB1192- 5 -LRB104 07518 RLC 17562 b SB1192 - 5 - LRB104 07518 RLC 17562 b |
---|
176 | 176 | | SB1192 - 5 - LRB104 07518 RLC 17562 b |
---|
177 | 177 | | 1 (c-1) Affirmative defense. It is an affirmative defense to |
---|
178 | 178 | | 2 a prosecution under this Section if a person had lawful |
---|
179 | 179 | | 3 possession of a feline crossbreed between a serval cat and a |
---|
180 | 180 | | 4 domesticated cat and the possessor of the animal proves that |
---|
181 | 181 | | 5 the possessor possessed the animal before the effective date |
---|
182 | 182 | | 6 of this amendatory Act of the 104th General Assembly. |
---|
183 | 183 | | 7 (d) A person who registers a primate shall notify the |
---|
184 | 184 | | 8 local animal control administrator within 30 days of a change |
---|
185 | 185 | | 9 of address. If the person moves to another locality within the |
---|
186 | 186 | | 10 State, the person shall register the primate with the new |
---|
187 | 187 | | 11 local animal control administrator within 30 days of moving by |
---|
188 | 188 | | 12 providing written notification as provided in paragraph (1) of |
---|
189 | 189 | | 13 subsection (c) and shall include proof of the prior |
---|
190 | 190 | | 14 registration. |
---|
191 | 191 | | 15 (e) A person who registers a primate shall notify the |
---|
192 | 192 | | 16 local animal control administrator immediately if the primate |
---|
193 | 193 | | 17 dies, escapes, or bites, scratches, or injures a person. |
---|
194 | 194 | | 18 (f) It is no defense to a violation of subsection (b) that |
---|
195 | 195 | | 19 the person violating subsection (b) has attempted to |
---|
196 | 196 | | 20 domesticate the dangerous animal. If there appears to be |
---|
197 | 197 | | 21 imminent danger to the public, any dangerous animal found not |
---|
198 | 198 | | 22 in compliance with the provisions of this Section shall be |
---|
199 | 199 | | 23 subject to seizure and may immediately be placed in a |
---|
200 | 200 | | 24 federally licensed an approved facility or veterinary |
---|
201 | 201 | | 25 hospital. Upon the conviction of a person for a violation of |
---|
202 | 202 | | 26 subsection (b), the animal with regard to which the conviction |
---|
203 | 203 | | |
---|
204 | 204 | | |
---|
205 | 205 | | |
---|
206 | 206 | | |
---|
207 | 207 | | |
---|
208 | 208 | | SB1192 - 5 - LRB104 07518 RLC 17562 b |
---|
209 | 209 | | |
---|
210 | 210 | | |
---|
211 | 211 | | SB1192- 6 -LRB104 07518 RLC 17562 b SB1192 - 6 - LRB104 07518 RLC 17562 b |
---|
212 | 212 | | SB1192 - 6 - LRB104 07518 RLC 17562 b |
---|
213 | 213 | | |
---|
214 | 214 | | |
---|
215 | 215 | | |
---|
216 | 216 | | |
---|
217 | 217 | | |
---|
218 | 218 | | SB1192 - 6 - LRB104 07518 RLC 17562 b |
---|