Bill Text: IL HB4446 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill. Makes a technical correction. Defines "federally licensed facility". Permits a person to 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 in 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 dangerous animals statute 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 it is an affirmative defense for a prosecution under the dangerous animals statute 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. Provides that nothing in dangerous animals statute 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-04-19 - Referred to Assignments [HB4446 Detail]

Download: Illinois-2023-HB4446-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 3. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 18 as follows:
(225 ILCS 115/18) (from Ch. 111, par. 7018)
(Section scheduled to be repealed on January 1, 2029)
Sec. 18. Unless otherwise contractually provided between
veterinarian and client, a veterinarian may dispose of any
animal abandoned in his establishment, provided he shall give
notice of his intention to do so to the owner at the last-known
address by certified mail, return receipt requested, and shall
allow a period of 7 days to elapse after the receipt is
returned before disposing of such animal. But if the owner
cannot be located at such address, the veterinarian shall give
such notice by publication in a newspaper published and having
a circulation in the area in which such owner was last known to
reside and shall allow a period of 7 days to elapse after such
publication before disposing of such animal.
A veterinarian who, on his own initiative or other than at
the request of the owner, gives emergency treatment to a sick
or injured animal, including a dangerous animal as defined in
Section 48-10 of the Criminal Code of 2012, shall not be liable

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for damages in the absence of gross negligence. If the
veterinarian performs a euthanasic act on an animal, there is
the presumption that such was a humane act necessary to
relieve the animal of suffering.
(Source: P.A. 83-1016.)
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:
"Dangerous animal" means a lion, tiger, leopard,
ocelot, jaguar, cheetah, margay, mountain lion, lynx,
bobcat, jaguarundi, serval, bear, hyena, wolf, or coyote,
caracal, kangaroo, wallaby, or any hybrid, intergrade, or
cross thereof. Dangerous animal does not mean any
herptiles included in the Herptiles-Herps Act.
"Federally licensed facility" means any commercial
animal dealer, exhibitor, research facility, or animal
transporter that is licensed and regulated by the United
States Government.
"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

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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 or by a:
(1) federally licensed facility,
(2) veterinary hospital, or
(3) permitted hound running area and only for
possession of coyotes.
The exemptions listed in this Section 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.
properly maintained zoological park, federally licensed
exhibit, circus, college or university, scientific
institution, research laboratory, veterinary hospital, hound
running area, or animal refuge in an escape-proof enclosure.

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(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 has a
permanent disability 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
requirements as described in paragraph (1) of this
subsection (c).

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(3) It is an affirmative defense for a prosecution
under this Section 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 this amendatory Act of the 103rd General Assembly.
(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 a
federally licensed an approved facility or veterinary
hospital. Upon the conviction of a person for a violation of
subsection (b), the animal with regard to which the conviction

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