Bill Text: IL SB0902 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Wildlife Code. Makes a technical change in a Section concerning deer hunting.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0752 [SB0902 Detail]

Download: Illinois-2013-SB0902-Amended.html

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Sen. James F. Clayborne, Jr.

Filed: 3/17/2014

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AMENDMENT TO SENATE BILL 902
AMENDMENT NO. ______. Amend Senate Bill 902 by replacing
everything after the enacting clause with the following:
"ARTICLE 1. GENERAL PROVISIONS
Section 1-1. Short title. This Act may be cited as the
Herptiles-Herps Act.
Section 1-5. Purpose. For purposes of this Act, reptiles
and amphibians shall be exempt from the definition of "aquatic
life" under Section 1-20 of the Fish and Aquatic Life Code. All
rules and enforcement actions under the Illinois Conservation
Law and the dangerous animals provisions in Section 48-10 of
the Criminal Code of 2012 related to reptiles and amphibians
shall be covered exclusively by this Act.
Section 1-10. Administrative agency. This Act shall be

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administered and under the direction of the Department of
Natural Resources.
Section 1-15. Definitions. For the purposes of this Act,
unless the context clearly requires otherwise, the following
terms are defined as:
"Administrative rule" means a regulatory measure issued by
the Director under this Act.
"Authorized law enforcement officer" means all sworn
members of the Law Enforcement Division of the Department and
those persons specifically granted law enforcement
authorization by the Director.
"Bona fide scientific or educational institution" means
confirming educational or scientific tax-exemption, from the
federal Internal Revenue Service or the applicant's national,
state, or local tax authority, or a statement of accreditation
or recognition as an educational institution.
"Contraband" means all reptile or amphibian life or any
part of reptile or amphibian life taken, bought, sold or
bartered, shipped, or held in possession or any conveyance,
vehicle, watercraft, or other means of transportation
whatsoever, except sealed railroad cars or other sealed common
carriers, used to transport or ship any reptile or amphibian
life or any part of reptile or amphibian life taken, contrary
to this Act, including administrative rules, or used to
transport, contrary to this Act, including administrative

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rules, any of the specified species when taken illegally.
"Culling" means picking out from others and removing
rejected members because of inferior quality.
"Department" means the Illinois Department of Natural
Resources.
"Director" means the Director of the Illinois Department of
Natural Resources.
"Educational program" means a program of organized
instruction or study for providing education intended to meet a
public need.
"Endangered or threatened species" means any species
listed as endangered or threatened to the species level on
either the Illinois List of Endangered and Threatened Fauna or
the federal U.S. Fish and Wildlife Service List of Threatened
and Endangered Species.
"Herptile" means collectively any amphibian or reptile
taxon, whether indigenous to this State or not.
"Indigenous or native taxa" means those amphibians and
reptiles to the subspecies level that can be found naturally in
this State.
"Individual" means a natural person.
"Medically significant" means a venomous or poisonous
species whose venom or toxin can cause death or serious illness
or injury in humans that may require emergency room care or the
immediate care of a physician. These species are categorized as
being "medically significant" or "medically important".

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"Owner" means an individual who has a legal right to the
possession of a herptile.
"Person" means any individual, partnership, corporation,
organization, trade or professional association, firm, limited
liability company, joint venture, or group.
"Possession limit" means the maximum number or amount of
herptiles that can be lawfully held or possessed by one person
at any time.
"Possessor" means any person who possesses, keeps,
harbors, brings into the State, cares for, acts as a custodian
for, has in his or her custody or control, or holds a property
right to a herptile.
"Reptile show" means any event open to the public, for a
fee or without a fee, that is not a licensed pet store, where
herptiles or herptiles together with other animals are
exhibited, displayed, sold, bought, traded, or otherwise made
available for public display.
"Resident" means a person who in good faith makes
application for any license or permit and verifies by statement
that he or she has maintained his or her permanent abode in
this State for a period of at least 30 consecutive days
immediately preceding the person's application, and who does
not maintain permanent abode or claim residency in another
state for the purposes of obtaining any of the same or similar
licenses or permits under this Act. A person's permanent abode
is his or her fixed and permanent dwelling place, as

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distinguished from a temporary or transient place of residence.
Domiciliary intent is required to establish that the person is
maintaining his or her permanent abode in this State. Evidence
of domiciliary intent includes, but is not limited to, the
location where the person votes, pays personal income tax, or
obtains a drivers license. Any person on active duty in the
Armed Forces shall be considered a resident of Illinois during
his or her period of military duty.
"Special use herptile" means any taxon of amphibian or
reptile for which a Herptile Special Use permit is required.
"Take" means possess, collect, catch, detain, hunt, shoot,
pursue, lure, kill, destroy, capture, gig or spear, trap or
ensnare, harass, or an attempt to do so.
"Transport" or "ship" means to convey by parcel post,
express, freight, baggage, or shipment by common carrier or any
description; by automobile, motorcycle, or other vehicle of any
kind; by water or aircraft of any kind; or by any other means
of transportation.
"Turtle farming" means the act of breeding, hatching,
raising, selling turtles, or any combination commercially for
the purpose of providing turtles, turtle eggs, or turtle parts
to pet suppliers, exporters, and food industries.
"Wildlife sanctuary" means any non-profit organization
that: (1) is exempt from taxation under the federal Internal
Revenue Code and is currently confirmed as tax exempt by the
federal Internal Revenue Service; (2) operates a place of

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refuge where wild animals are provided care for their lifetime
or released back to their natural range; (3) does not conduct
activities on animals in its possession that are not inherent
to the animal's nature; (4) does not use animals in its
possession for entertainment; (5) does not sell, trade, or
barter animals in its possession or parts of those animals; and
(6) does not breed animals in its possession.
ARTICLE 5. INDIGENOUS OR
NATIVE HERPTILE TAXA
Section 5-5. Possession limits.
(a) The possession limit for indigenous amphibian and
reptile taxa (excluding common snapping turtles and bullfrogs)
is 8 total collectively with no more than 4 per species. Young
of gravid wild-collected amphibians and reptiles shall be
returned to the site of adult capture after birth.
(b) Only residents may possess herptiles collected from the
wild within this State under a valid sport fishing license;
non-residents may not possess herptiles collected from the wild
within this State except for scientific purposes, with a
Herptile Scientific Collection permit.
(c) All herptile species (other than bullfrogs and common
snapping turtles) may be captured by hand. This shall not
restrict the use of legally taken herptiles as bait by anglers.
Any captured herptiles that are not to be retained in the

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possession of the captor shall be immediately released at the
site of capture, unless taken with a lethal method such as bow
and arrow, gig, spear, or pitchfork which does not permit
release without harm. All common snapping turtles and bullfrogs
taken for personal consumption must be kept and counted in the
daily catch creel or bag. No culling of these 2 species for
personal consumption is permitted.
(d) The trier of fact may infer that a person is collecting
from the wild within this State if he or she possesses
indigenous reptiles or amphibians, in whole or in part, if no
documentation exists stating that the animals were legally
collected from the wild outside of this State.
(e) Residents may possess a total of 8 native herp
specimens collectively, with no more than 4 per species,
without obtaining and possessing either a Herptile Scientific
Collection permit or Herpetoculture permit from the
Department, regardless of the origin of the species. A sport
fishing license is required for residents to legally collect
any native herp taxon on private land, with the landowner's
permission. Collecting herptiles on public lands shall require
additional permits.
(f) Any resident wishing to possess more than his or her
allowed possession limit shall first apply to the Department
for a Herptile Scientific Collection permit or Herpetoculture
permit to do so. Issuance, modification, or denial of any and
all of these permits shall be at the sole discretion of the

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Department.
(g) Due to the similarity of appearance (S/A) of certain
intergrade or hybrid specimens, the Department retains the
authority to enforce any and all provisions under this Act.
Specimens determined by the Department, or its agents, to fit
into this S/A category shall receive all benefits of this Act,
as well as the Illinois Endangered Species Protection Act if
applicable, and shall be included in an individual's overall
possession limit.
Section 5-10. Commercialization; herpetoculture.
(a) It is unlawful to take, possess, buy, sell, offer to
buy or sell or barter any reptile, amphibian, or their eggs,
any resulting offspring, or parts taken from the wild in this
State for commercial purposes unless otherwise authorized by
law.
(b) The trier of fact may infer that a person is collecting
from the wild within this State for commercial purposes if he
or she possesses indigenous reptiles or amphibians, in whole or
in part, for which no documentation exists stating that the
animals were legally collected from the wild outside this
State.
(c) Due to the similarity of appearance (S/A) of certain
intergrade or hybrid specimens, the Department retains the
authority to enforce any and all provisions under this Act.
Specimens determined by the Department, or its agents, to fit

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into this S/A category shall receive all benefits of this Act,
as well as the Illinois Endangered Species Protection Act if
applicable, and shall be included in an individual's overall
possession limit.
(d) A valid, Department-issued Herpetoculture permit shall
apply only to indigenous herp taxa. A Herpetoculture permit
shall not be required in order to commercialize non-indigenous
herp taxa except as otherwise prohibited or regulated under
this Act.
(e) Indigenous herp taxa collected from the wild in this
State may not be bred unless otherwise authorized by the
Department for research or recovery purposes.
Section 5-15. Protection of habitat. Habitat features that
are disturbed in the course of searching for reptiles and
amphibians shall be returned to as near its original position
and condition as possible, for example overturned stones and
logs shall be restored to their original locations.
Section 5-20. Taking of endangered or threatened species.
(a) No person shall take or possess any of the herptiles
listed in the Illinois Endangered Species Protection Act or
subsequent administrative rules, except as provided by that
Act.
(b) Any Department-permitted threatened or endangered
(T/E) herptile species shall be exempt from an individual's

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overall possession under the permitting system set forth in
this Act. However, any and all T/E specimens shall be
officially recorded with the Department's Endangered Species
Conservation Program. Any species occurring on the federal T/E
list also requires a Department permit for possession,
propagation, sale, or offer for sale unless otherwise permitted
through the Department.
(c) Due to the similarity of appearance (S/A) of certain
intergrade or hybrid specimens, the Department retains the
authority to enforce any and all provisions under this Act.
Specimens determined by the Department, or agents, to fit into
this S/A category shall receive all benefits of this Act, as
well as the Illinois Endangered Species Protection Act if
applicable, and shall be included in an individual's overall
possession limit.
(d) Federally licensed exhibits shall not be exempt from
the Illinois Endangered Species Protection Act.
(e) Any changes in T/E permit numbers for herptiles by
current, existing permit holders shall be reported to the
Department in writing no later than the first business day
after that change occurred. Requests for permits by any
resident acquiring a T/E species who is not permitted shall not
be issued after-the-fact.
(f) Annual reports are due by January 31 of each year for
the preceding year's activities. Failure to submit the annual
report by the due date shall result in a permit violation.

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(g) An annual fee for herptile T/E species permits, per
permittee, shall be set by administrative rule. All fees for
herptile T/E species permits shall be deposited into the
Wildlife Preservation Fund.
(h) Procedures for acquisition, breeding, and sales of T/E
herptile species shall be set forth in administrative rule.
(i) Record keeping requirements for T/E herptile species
shall be set forth in administrative rule.
Section 5-25. Taking of snakes. Unless otherwise provided
in this Act, any non-threatened or non-endangered snake may be
taken by the owners or bona fide tenants of lands actually
residing on the lands and their children, parents, brothers,
and sisters permanently residing with them.
Section 5-30. Taking of turtles or bullfrogs; illegal
devices.
(a) No person shall take turtles or bullfrogs by commercial
fishing devices, including dip nets, hoop nets, traps, or
seines, or by the use of firearms, airguns, or gas guns.
Turtles may be taken only by hand or means of hook and line.
(b) Bullfrog; common snapping turtle; open season.
(1) All individuals taking bullfrogs shall possess a
valid sport fishing license and may take bullfrogs only
during the open season to be specified by administrative
rule. Bullfrogs may only be taken by hook and line, gig,

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pitchfork, spear, bow and arrow, hand, or landing net.
(2) The daily catch limit and total possession limit
for all properly licensed persons shall be specified by
administrative rule.
(3) All persons taking common snapping turtles shall
possess a valid sport fishing license and may take common
snapping turtles only during the open season to be
specified by administrative rule. Common snapping turtles
(Chelydra serpentina) may be taken only by hand, hook and
line, or bow and arrow, except in the counties listed in
Section 5-35 where bowfishing for common snapping turtles
is not allowed.
(4) The daily catch limit and total possession limit
for all properly licensed persons shall be specified by
administrative rule.
(c) The alligator snapping turtle (Macrochelys temminckii)
is protected and may not be taken by any method including, but
not limited to, any sport fishing method.
Section 5-35. Areas closed to the taking of reptiles and
amphibians.
(a) Unless otherwise allowed by law or administrative rule,
the taking of reptiles and amphibians at any time and by any
method is prohibited in the following areas:
The LaRue-Pine Hills or Otter Pond Research Natural Area in
Union County. The closed area shall include the Research

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Natural Area as designated by the U.S. Forest Service and
the right-of-way of Forest Road 345 with Forest Road 236 to
the intersection of Forest Road 345 with the Missouri
Pacific railroad tracks. Unless otherwise authorized,
possession of any collecting equipment is prohibited
within the closed area.
(b) In the following counties bowfishing for common
snapping turtles is not permitted: Randolph, Perry, Franklin,
Hamilton, White, Gallatin, Saline, Williamson, Jackson, Union,
Johnson, Pope, Hardin, Massac, Pulaski, and Alexander, or in
any additional counties added through administrative rule.
(c) Collection of wild turtles for races or other types of
events involving congregating and gathering numbers of wild
turtles is prohibited in counties where ranavirus has been
documented. Inclusion on the county list shall be determined by
rule.
Section 5-40. Translocation and release of herptiles.
(a) Except as provided for in subsection (a) of Section
5-5, no herptile indigenous species may be moved, translocated,
or populations repatriated within this State without approval
of the Department, after review of a proposal complete with
long-term monitoring plan at least 5 years post-release.
(b) It shall be unlawful to intentionally or negligently
release any non-indigenous herptile species into this State.

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ARTICLE 10. VENOMOUS REPTILES
Section 10-5. Venomous reptile defined. Venomous reptiles
include, but are not limited to, any medically significant
venomous species of the families or genera of the Order
Squamata: Helodermatidae, such as gila monsters and beaded
lizards; Elapidae, such as cobras and coral snakes;
Hydrophiidae, such as sea snakes; Viperidae and Crotalinae,
such as vipers and pit vipers; Atractaspididae, such as
burrowing asps; Colubridae in the following genera that shall
be determined by administrative rule: West Indian racers
(Alsophis); boigas and mangrove snakes (Boiga); road guarders
(Conophis); Boomslangs (Dispholidus); false water cobras
(Hydrodynastes); varied or hooded keelbacks (Macropisthodon);
Malagasy cat-eyed snakes (Madagascarophis); Montpellier snakes
(Malpolon); kukri snakes (Oligodon); collared snakes
(Phalotris); palm snakes or green racers (Philodryas); sand
snakes or racers (Psammophis); keelbacks (Rhabdophis); beaked
snakes (Rhamphiophis); twig snakes (Thelotornis); black tree
snakes (Thrasops); Pampas snakes (Tomodon); Wagler's snakes
(Waglerophis); false fer-de-lances (Xenodon); specimens or
eggs of the brown tree snake (Boiga irregularis); and any other
species added through legislative process designated.
Section 10-10. Surgically altered venomous reptiles. It is
not a defense to a violation of Article 65 that the person

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violating that Article has had the venomous reptile surgically
altered to render it harmless.
Section 10-15. Venomous reptile permit requirements. In
addition to those requirements listed in Articles 60 and 65 of
this Act, Herptile Special Use permits may be issued to
residents using approved venomous reptile species only for bona
fide educational programs, following an inspection and
approval of the proposed facilities. A minimum of 6 documented
programs shall be required of each permittee per calendar year.
Unless addressed or exempted by administrative rule, annual
permit renewal must be accompanied by a non-refundable fee as
set by the Department by administrative rule and documented
proof of educational programs completed on the recipient's
letterhead. Prospective permittees must have 250 documented
hours of experience with venomous reptiles. The Department or
the Department of Agriculture reserves the right to inspect
permittees and facilities during reasonable hours. Additions
to permits must be approved prior to acquisition of additional
venomous reptiles, and any changes shall be reported to the
Department in writing no later than the first business day
after that change occurred.
Section 10-20. Approved venomous reptiles. Permittees may
keep legally obtained venomous reptile specimens native to the
United States, except the following species: Eastern

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diamondback rattlesnakes (Crotalus adamanteus); Western
diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes
(Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus
oreganus helleri); Eastern and Texas coral snakes (Micrurus
fulvius); Sonoran coral snakes (Micruroides euryxanthus); and
timber/canebrake rattlesnakes (Crotalus horridus) from the
southern portions of their range (Oklahoma, southern Arkansas,
Louisiana, and also southeastern South Carolina south through
eastern Georgia to northern Florida), known as "Type A" and
containing canebrake toxin.
Except for Boomslangs (Dispholidus), twig snakes
(Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green
racer (Philodryas olfersii), and brown tree snake (Boiga
irregularis), medically significant snakes in the family
Colubridae defined in Section 10-5 of this Article may be
possessed with a permit.
Section 10-25. Maintenance of venomous reptiles.
Permittees shall keep approved venomous reptiles in strong
escape-proof enclosures that at a minimum are: impact
resistant, locked at all times, prominently labeled with the
permittee's full name, address, telephone number, list of cage
contents by scientific and common names, and a sign labeled
"venomous". The signage shall also include the type and
location of antivenom and contact information of the person or
organization possessing the antivenom.

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Section 10-30. Educational programs with approved venomous
reptiles. Permittees shall keep approved venomous reptiles in
strong escape-proof enclosures that at a minimum are: impact
resistant, locked at all times, prominently labeled with the
permittee's full name, address, telephone number, list of cage
contents by scientific and common names, and a sign labeled
"venomous". Labeling shall also include the type and location
of antivenom and contact information of the person or
organization possessing the antivenom. Interiors of enclosures
may not be accessible to the public.
Section 10-35. Transport of approved venomous reptiles.
During transport of any approved venomous reptile, it must be
kept out of sight of the public in an escape-proof enclosure at
all times that is labeled "venomous". Transport of any venomous
reptile to any public venue, commercial establishment, retail
establishment, or educational institution shall only be for
bona fide educational programs or veterinary care.
Section 10-40. Additional regulations. Venomous reptiles
shall not be bred, sold, or offered for sale within this State.
The Department may approve limited transfers among existing
permittees at the sole discretion of the Department.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to use venomous

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reptiles in bona fide educational programs. The fee for the
permit shall be set by administrative rule, and all fees shall
be deposited into the Wildlife and Fish Fund.
ARTICLE 15. BOAS,
PYTHONS, AND ANACONDAS
Section 15-5. Boas, pythons, and anacondas. Nothing shall
prohibit lawfully acquired possession of any of the Boidae
family, such as boas, pythons, and anacondas, provided captive
maintenance requirements from the Department as set forth in
this Act are met. All boas, pythons, and anacondas referenced
in this Act are exempt from the permit process, associated
annual fee, and liability insurance coverage.
Section 15-10. Maintenance of boas, pythons, and
anacondas. Any species of boa, python, or anaconda not native
to the United States, regardless of length, must be properly
maintained in suitable, strong, impact resistant, escape-proof
enclosures at all times unless being used for bona fide
educational programs or trips for veterinary care.
Section 15-15. Educational programs with boas, pythons,
and anacondas. During any bona fide educational program
involving boas, pythons, or anacondas not native to the United
States, the owner or affiliated agent must maintain physical

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possession of the snake at all times if removed from a
container or cage. Interiors of cages or containers used during
educational programs may not be accessible to the public.
Section 15-20. Transport of boas, pythons, and anacondas.
During transport of any boa, python, or anaconda, the snake
must be kept out of sight of the public in an escape-proof
enclosure at all times.
Section 15-25. Use of boas, pythons, and anacondas at
reptile shows. An owner or affiliated agent must have physical
possession and control of any boa, python, or anaconda that is
not native to the United States at all times if removed from a
container or cage. Uncontained boas, pythons, or anacondas
removed from cages for examination or onlooker interaction must
be kept confined either behind or at a display table. Interiors
of cages or containers may not be accessible to the public.
ARTICLE 20. CROCODILIANS
Section 20-5. Crocodilians. "Crocodilians" means any
species of the Order Crocodilia, such as crocodiles,
alligators, caimans, and gavials.
Section 20-10. Crocodilian permit requirements. In
addition to the requirements listed in Articles 60 and 65 of

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this Act, Herptile Special Use permits may be issued to
residents using crocodilian species only for bona fide
educational programs, following an inspection and approval of
the proposed facilities. A minimum of 6 documented programs
shall be required of each permittee per calendar year. Unless
addressed or exempted by administrative rule, annual permit
renewal must be accompanied by a non-refundable fee as set by
the Department and documented proof of educational programs
completed on the recipient's letterhead. The Department or the
Department of Agriculture reserves the right to inspect
permittees and facilities during reasonable hours. Additions
to permits must be approved prior to acquisition of additional
crocodilians, and any changes shall be reported to the
Department in writing no later than the first business day
after that change occurred.
Section 20-15. Maintenance of crocodilians. Permittees
shall keep crocodilians maintained in suitable, strong, impact
resistant, escape-proof enclosures at all times unless being
used for bona fide educational programs or trips for veterinary
care.
Section 20-20. Educational programs with crocodilians.
During any bona fide educational program involving
crocodilians, the owner or affiliated agent must maintain
physical possession and control of the crocodilian at all times

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if removed from a container or cage. Interiors of cages or
containers used during educational programs may not be
accessible to the public. Crocodilians removed from their cage
or enclosure for educational programs must have either the
mouth banded or taped shut or kept at a minimum of 10 feet from
the public and also kept out of direct contact with the public.
Section 20-25. Transport of crocodilians. During transport
of any crocodilian, it must be kept out of sight of the public
in an escape-proof enclosure at all times. Transport of any
crocodilian to any public venue, commercial establishment,
retail establishment, or educational institution shall only be
for bona fide educational programs or veterinary care.
Section 20-30. Additional regulations. Crocodilians shall
not be bred, sold, or offered for sale within this State.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to use
crocodilians in bona fide educational programs. The fee for
this permit shall be set by administrative rule, and all fees
shall be deposited into the Wildlife and Fish Fund.
ARTICLE 25. MONITOR LIZARDS
Section 25-5. Monitor lizards."Monitor lizards" means the
following members of the Varanidae family, specifically

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crocodile monitors as well as Komodo dragons.
Section 25-10. Monitor lizard permit requirements. In
addition to those requirements listed in Articles 60 and 65 of
this Act, Herptile Special Use permits may be issued to
residents using monitor lizard species only for bona fide
educational programs, following an inspection and approval of
the proposed facilities. A minimum of 6 documented programs on
the family Varanidae shall be required of each permittee per
calendar year. Unless addressed or exempted by administrative
rule, annual permit renewal must be accompanied by a
non-refundable fee as set by the Department and documented
proof of educational programs completed on the recipient's
letterhead. The Department or the Department of Agriculture
reserves the right to inspect permittees and facilities during
reasonable hours. Additions to permits must be approved prior
to acquisition of additional monitor lizards, and any changes
shall be reported to the Department in writing no later than
the first business day after that change occurred.
Section 25-15. Maintenance of monitor lizards. Permittees
shall keep monitor lizards maintained in suitable, strong,
impact resistant, escape-proof enclosures at all times unless
being used for bona fide educational programs or trips for
veterinary care.

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Section 25-20. Educational programs with monitor lizards.
During any bona fide educational program involving monitor
lizards, the owner or affiliated agent must maintain physical
possession and control of the monitor lizard at all times if
removed from a container or cage. Interiors of cages or
containers used during educational programs may not be
accessible to the public. Monitor lizards removed from their
cage or enclosure for educational programs must have either the
mouth banded or taped shut, or kept at a minimum of 10 feet
from the public and also kept out of direct contact with the
public.
Section 25-25. Transport of monitor lizards. During
transport of any monitor lizard, it must be kept out of sight
of the public in an escape-proof enclosure at all times.
Transport of a monitor lizard to any public venue, commercial
establishment, retail establishment, or educational
institution shall only be for bona fide educational programs or
veterinary care.
Section 25-30. Additional regulations. Monitor lizards
shall not be bred, sold, or offered for sale within this State.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to use monitor
lizards in bona fide educational programs. The fee for the
permit shall be set by administrative rule, and all fees shall

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be deposited into the Wildlife and Fish Fund.
ARTICLE 30. TURTLES
Section 30-5. Turtles. It is unlawful to buy, sell, or
offer to sell, or otherwise commercialize (including, but not
limited to, offering as a commercial incentive, trading, or
otherwise use for the purpose of profit or pecuniary gain) any
species of aquatic or semi-aquatic turtles in the Order
Testudines (except for the terrestrial tortoises in the family
Testudinidae) with a carapace length of 4 inches or less or
their eggs within this State. With prior approval from the
Department, in its sole discretion, sales or offers for sale of
aquatic or semi-aquatic turtles with a carapace length of 4
inches or less or their eggs may be allowed to bona fide
scientific or educational institutions.
Section 30-10. Turtle farming. Turtles shall not be
commercially farmed in this State.
Section 30-15. Turtle collection. Collection of wild
turtles for races or other types of events involving
congregating and gathering numbers of wild turtles is
prohibited in counties where ranavirus has been documented.
Inclusion on the county list shall be determined by rule.

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ARTICLE 35. AMPHIBIANS
Section 35-5. Amphibians. For the purposes of this Section,
"amphibians" means those medically significant poisonous
amphibians capable of causing bodily harm to humans or animals,
including, but not limited to, cane or marine toads (Bufo
marinus) and Colorado river toads (Bufo alvarius), or any other
amphibian found to be medically significant and shall only be
allowed for bona fide educational purposes or research purposes
by exempted institutions.
Poison dart frogs bred and raised in captivity shall be
exempt from the permit process.
ARTICLE 40. HERPTILE SCIENTIFIC
COLLECTION PERMITS
Section 40-5. Permit issuance. Herptile Scientific
Collection permits may be granted by the Department, in its
sole discretion, to any properly accredited person at least 18
years of age, permitting the capture, marking, handling,
banding, or collecting (including hide, skin, bones, teeth,
claws, nests, eggs, or young), for strictly scientific
purposes, of any of the herptiles not listed as endangered or
threatened but now protected under this Act. A Herptile
Scientific Collection permit may be granted to qualified
individuals for purpose of salvaging dead, sick, or injured

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herptiles not listed as endangered or threatened but protected
by this Act for permanent donation to bona fide public or state
scientific, educational, or zoological institutions.
Collecting herptiles on public lands shall require additional
permits.
Section 40-10. Permit requirements. The criteria and
standards for a Herptile Scientific Collection permit shall be
provided by administrative rule. The Department shall set forth
applicable rules covering qualifications and facilities needed
to obtain a permit. Disposition of herptiles taken under the
authority of this Article shall be specified by the Department.
The holder of each permit shall make to the Department a report
in writing upon forms furnished by the Department. These
reports shall be made (i) annually if the permit is granted for
a period of one year or (ii) within 30 days after the
expiration of the permit if the permit is granted for a period
of less than one year. These reports shall include information
that the Department considers necessary.
ARTICLE 45. HERPTILE SCIENTIFIC
COLLECTION PERMIT APPLICATION AND FEES
Section 40-5. Permit application and fees. An applicant for
a Herptile Scientific Collection permit must file an
application with the Department on a form provided by the

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Department. The application must include all information and
requirements as set by administrative rule. The application for
these permits shall be reviewed by the Department to determine
if a permit should be issued.
Unless addressed or exempted by administrative rule,
annual permit renewal must be accompanied by non-refundable fee
as set by the Department. The annual fee for a Herptile
Scientific Collection permit shall be set by administrative
rule. The Department shall adopt, by administrative rule, any
additional procedures for the renewal of a Herptile Scientific
Collection permit. All fees shall be deposited into the Fish
and Wildlife Fund.
ARTICLE 50. HERPETOCULTURE PERMITS
Section 50-5. Permit issuance. Any person or business who
engages in the breeding, hatching, propagation, sale, or offer
for sale of any indigenous herptile, regardless of origin,
shall procure a permit from the Department. Herptiles
specified, which are bred, hatched, propagated, or legally
obtained by a person or business holding a permit as provided
for in this Article, may be transported and sold or offered for
sale within this State. Indigenous herp taxa collected from the
wild in this State shall not be bred unless otherwise
authorized by the Department for research or recovery purposes.

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Section 50-10. Permit requirements. Herpetoculture permit
holders shall maintain written records of all herptiles
indigenous to this State bought, sold, hatched, propagated,
sold, or shipped for a minimum of 2 years after the date of the
transaction and shall be made immediately available to
authorized employees of the Department upon request. These
records shall include the name and address of the buyer and
seller, the appropriate permit number of the buyer and seller,
the date of the transaction, the species name (both common and
scientific), and the origin of herptile involved. Records of
the annual operations, as may be required by the Department,
shall be forwarded to the Department upon request.
The criteria and standards for a Herpetoculture permit
shall be provided by administrative rule. The Department shall
set forth applicable rules, including a list of herptiles
indigenous to this State.
ARTICLE 55. HERPETOCULTURE
PERMIT APPLICATION AND FEES
Section 55-5. Permit application and fees. An applicant
for a Herpetoculture permit must file an application with the
Department on a form provided by the Department. The
application must include all information and requirements as
set forth by administrative rule. The application for these
permits shall be reviewed by the Department to determine if a

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permit should be issued.
Unless addressed or exempted by administrative rule,
annual permit renewal must be accompanied by a non-refundable
fee as set by the Department. The annual fee for a residential
Herpetoculture permit shall be set by administrative rule. The
Department shall adopt, by administrative rule, any additional
procedures for the renewal of a Herpetoculture permit. All fees
shall be deposited into the Wildlife and Fish Fund.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to commercialize
herptiles indigenous to this State as outlined in this Article.
The fee for the permit shall be set by administrative rule, and
all fees shall be deposited into the Wildlife and Fish Fund.
The Department shall adopt, by administrative rule,
additional procedures for the renewal of annual Herpetoculture
permits.
Section 55-10. Additional regulations. Nothing in
Articles 50 and 55 shall be construed to give permittees
authority to breed, hatch, propagate, sell, offer for sale, or
otherwise commercialize any herptile or parts thereof from
herptiles indigenous to this State, either partially or in
whole, that originate from the wild in this State.
Any offspring resulting from the breeding of herptiles
where one parent has been taken from the wild in this State and
the other parent from non-Illinois stock or captive bred stock

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may not be legally sold or otherwise commercialized and shall
be treated as indigenous or native Illinois herp taxa subject
to Article 5 of this Act.
Color or pattern variations (morphs) of any herptile
indigenous to this State are not exempt from this Article.
Due to the similarity of appearance (S/A) of certain
intergrade or hybrid specimens, the Department retains the
authority to enforce any and all provisions under this Act.
Specimens determined by the Department, or its agents, to fit
into this S/A category shall receive all benefits of this Act,
as well as the Illinois Endangered Species Protection Act if
applicable.
ARTICLE 60. HERPTILE SPECIAL
USE PERMIT REQUIREMENTS
Section 60-5. Permit requirements. Prior to any person
obtaining a Herptile Special Use permit, the following criteria
must be met:
(1) the person was in legal possession and is the legal
possessor of the herptile prior to the effective date of
this Act and the person applies for and is granted a
Personal Possession permit for each special use herptile in
the person's possession within 30 days after the enactment
of this Act; or
(2) prior to acquiring a Herptile Special Use permit,

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the person must provide the name, address, date of birth,
permit number, telephone number of the possessor, type or
species, and the date the herptile is to be acquired.
The applicant must comply with all requirements of this Act
and the rules adopted by the Department to obtain a Herptile
Special Use permit. Prior to the issuance of the Herptile
Special Use permit, the applicant must provide proof of
liability insurance or surety bond, either individually, or in
the name of the entity giving the bona fide educational
programs, in the amount of $100,000 for each special use
herptile up to a maximum of $1,000,000 and the insurance or
surety bond is to be maintained during the term of the permit
for liability for any incident arising out of or relating to
the special use herptile.
ARTICLE 65. HERPTILE SPECIAL USE
PERMIT APPLICATION AND FEES
Section 65-5. Permit application and fees. An applicant for
a Herptile Special Use permit must file an application with the
Department on a form provided by the Department. The
application must include all information and requirements as
set forth by administrative rule.
The annual fee for a residential Herptile Special Use
permit shall be set by administrative rule on a per person
basis. The Herptile Special Use permit shall not be based on

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the number of special use herptile kept by an owner or
possessor. All fees shall be deposited into the Wildlife and
Fish Fund.
The Department shall adopt, by administrative rule,
procedures for the renewal of annual Herptile Special Use
permits.
Any person possessing and in legal possession of a special
use herptile as stipulated in this Article that no longer
wishes to keep the herptile may be assisted by the Department,
at no charge to them and without prosecution, to place the
special use herptile in a new home, within 30 days after the
effective date of this Act.
The Department may issue a Limited Entry permit to an
applicant who: (i) is not a resident of this State; (ii)
complies with the requirements of this Act and all rules
adopted by the Department under the authority of this Act;
(iii) provides proof to the Department that he or she shall,
during the permit term, maintain sufficient liability
insurance coverage; (iv) pays to the Department, along with
each application for a Limited Entry permit, a non-refundable
fee as set by administrative rule, which the Department shall
deposit into the Wildlife and Fish Fund; and (v) uses the
herptile for an activity authorized in the Limited Entry
permit. A Limited Entry permit shall be valid for not more than
30 consecutive days unless extended by the Department, however,
no extension shall be longer than 15 days.

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ARTICLE 70. SUSPENSION OF
PRIVILEGES AND REVOCATION OF
HERPTILE SPECIAL USE PERMITS
Section 70-5. Suspension of privileges and revocation of
permits. A person who does not hold a Herptile Special Use
permit or Limited Entry permit and who violates a provision of
this Act or an administrative rule authorized under this Act
shall have his or her privileges under this Act suspended for
up to 5 years after the date that he or she is in violation of
an initial offense, for up to 10 years after the date that he
or she is in violation of a second offense, and for life for a
third or subsequent offense. Department suspensions and
revocations shall be addressed by administrative rule.
A person who holds a Herptile Special Use permit or Limited
Entry permit and who violates the provisions of this Act shall
have his or her permit revoked and permit privileges under this
Act suspended for a period of up to 2 years after the date that
he or she is found guilty of an initial offense, for up to 10
years after the date that he or she is found guilty of a second
offense, and for life for a third offense. Department
suspensions and revocations shall be addressed by
administrative rule.
A person whose privileges to possess a special use herptile
have been suspended or permit revoked may appeal that decision

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in accordance with the provisions set forth in administrative
rule.
ARTICLE 75. RECORD KEEPING REQUIREMENTS
OF SPECIAL USE HERPTILES
Section 75-5. Record keeping requirements. A person who
possesses a special use herptile must maintain records
pertaining to the acquisition, possession, and disposition of
the special use herptile as provided by administrative rule.
These records shall be maintained for a minimum of 2 years
after the date the special use herptile is no longer in
possession of the permit holder. All records are subject to
inspection by authorized law enforcement officers. In addition
to maintaining records, all special use herptiles must be
either pit-tagged or microchipped to individually identify
them and the pit-tag or microchip numbers are also to be
maintained as other pertinent records, unless otherwise
provided by administrative rule.
ARTICLE 80. INJURY TO A
MEMBER OF PUBLIC BY
SPECIAL USE HERPTILES
Section 80-5. Injury to a member of public by special use
herptiles. A person who possesses a special use herptile

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without complying with the requirements of this Act and the
rules adopted under the authority of this Act and whose special
use herptile harms a person when the possessor knew or should
have known that the herptile had a propensity, when provoked or
unprovoked, to harm, cause injury to, or otherwise
substantially endanger a member of the public is guilty of a
Class A misdemeanor. A person who fails to comply with the
provisions of this Act and the rules adopted under the
authority of this Act and who intentionally or knowingly allow
a special use herptile to cause great bodily harm to, or the
death of, a human is guilty of a Class 4 felony.
ARTICLE 85. PROHIBITED ACTS WITH
SPECIAL USE HERPTILES
Section 85-5. Prohibited acts. Except as otherwise
provided in this Act or by administrative rule, a person shall
not own, possess, keep, import, transfer, harbor, bring into
this State, breed, propagate, buy, sell, or offer to sell, or
have in his or her custody or control a special use herptile.
A person shall not release any special use herptile into
the wild at any time unless authorized by the Director in
writing. The possessor of a special use herptile must
immediately contact the animal control authority or law
enforcement agency of the municipality or county where the
possessor resides if a special use herptile escapes or is

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released.
The possessor of a special use herptile shall not keep,
harbor, care for, transport, act as the custodian of, or
maintain in his or her possession the special use herptile in
anything other than an escape-proof enclosure.
The possessor of a special use herptile shall not transport
the special use herptile to or possess the special use herptile
at a public venue, commercial establishment, retail
establishment, or educational institution unless specifically
authorized by permit or required to render veterinary care to
the special use herptile.
The possessor of a special use herptile, at all reasonable
times, shall not deny the Department or its designated agents
and officers access to premises where the possessor keeps a
special use herptile to ensure compliance with this Act.
Except as otherwise provided in this Act or by
administrative rule, a person shall not buy, sell, or barter,
or offer to buy, sell, or barter a special use herptile.
ARTICLE 90. PENALTIES
Section 90-5. Penalties. A person who violates Article 85
of this Act is guilty of a Class A misdemeanor for a first
offense and a Class 4 felony for a second or subsequent offense
occurring within one year after a finding of guilt on a first
offense. A person who violates Article 75 of this Act is guilty

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of a Class B misdemeanor. Each day of a violation constitutes a
separate offense. Any other violation of this Act is a Class A
misdemeanor unless otherwise stated.
All fines and penalties collected under the authority of
this Act or its administrative rules shall be deposited into
the Wildlife and Fish Fund.
ARTICLE 95. CIVIL
LIABILITY AND IMMUNITY
Section 95-5. Assumption of risk. Each person who owns,
possesses, or keeps a herptile expressly assumes the risk of
and legal responsibility for injury, loss, or damage to the
person or the person's property that results from the
ownership, possession, or keeping, of the herptile. Each owner,
keeper, or possessor of a herptile shall be solely liable to
manage, care for, and control a particular species, and it
shall be the duty of each owner, keeper, or possessor, to
maintain reasonable control of the particular herptile at all
times, and to refrain from acting in a manner that may cause or
contribute to the injury of person, whether in public or on
private property.
Section 95-10. Civil liability and immunity. If any
herptile escapes or is released, the owner and possessor of the
herptile shall be strictly liable for all costs incurred in

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apprehending and confining the herptile, including any
injuries incurred to humans or damage to property, both real
and personal, including pets and livestock, and the owner shall
indemnify any animal control officer, police officer, or
Department employee acting in his or her official capacity to
capture or control an escaped herptile.
The owner, keeper, or possessor of an escaped herptile
shall be solely responsible for any and all liabilities arising
out of or in connection with the escape or release of any
herptile including liability for any damage, injury, or death
caused by or to the herptile during or after the herptile's
escape or release or as a result of the apprehension or
confinement of the herptile after its escape or release. In
addition, the owner, keeper, or possessor of an escaped
herptile shall be solely responsible for any and all costs
incurred by an animal control officer, police officer, or
Department employee acting in his or her official capacity to
capture or control an escaped herptile.
A licensed veterinarian who may have cause to treat a
special use herptile that is in violation of this Act shall not
be held liable, except for willful and wanton misconduct, under
this Act provided that the veterinarian (i) promptly reports
violations of this Act of which he or she has knowledge to a
law enforcement agency within 24 hours after becoming aware of
the incident; (ii) provides the name, address, and phone number
of the person possessing the special use herptile at time of

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incident or treatment; (iii) provides the name and address of
the owner of the special use herptile if known; (iv) identifies
the kind and number of special use herptiles being treated; and
(v) describes the reason for the treatment of the special use
herptile.
ARTICLE 100. SEIZURE AND FORFEITURE
Section 100-5. Prima facie evidence; confiscation. The
possession of any reptile or amphibian life or any part of
reptile or amphibian life protected under this Act is prima
facie evidence that the reptile or amphibian life or any part
of reptile or amphibian life is subject to the provisions of
this Act, including administrative rules.
Whenever the contents of any box, barrel, package, or
receptacle consists partly of contraband and partly of legal
reptile or amphibian life or any part of reptile or amphibian
life, the entire contents of the box, barrel, or package, or
other receptacle are subject to confiscation.
Whenever a person has in his or her possession in excess of
the number of reptile or amphibian life or any parts of reptile
or amphibian life permitted under this Act, including
administrative rules, the entire number of reptile or amphibian
life or any parts of reptile or amphibian life in his or her
possession is subject to confiscation.

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Section 100-10. Search and seizure. Whenever any
authorized employee of the Department, sheriff, deputy
sheriff, or other peace office of the State has reason to
believe that any person, owner, possessor, commercial
institution, pet store, or reptile show vendor or attendee
possesses any reptile or amphibian life or any part of reptile
or amphibian life contrary to the provisions of this Act,
including administrative rules, he or she may file, or cause to
be filed, a sworn complaint to that effect before the circuit
court and procure and execute a search warrant. Upon execution
of the search warrant, the officer executing the search warrant
shall make due return of the search warrant to the court
issuing the search warrant, together with an inventory of all
the reptile or amphibian life or any part of reptile or
amphibian life taken under the search warrant. The court shall
then issue process against the party owning, controlling, or
transporting the reptile or amphibian life or any part of
reptile or amphibian life seized, and upon its return shall
proceed to determine whether or not the reptile or amphibian
life or any part of reptile or amphibian life was held,
possessed, or transported in violation of this Act, including
administrative rules. In case of a finding that the reptile or
amphibian life was illegally held, possessed, transported, or
sold, a judgment shall be entered against the owner or party
found in possession of the reptile or amphibian life or any
part of reptile or amphibian life for the costs of the

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proceeding and providing for the disposition of the property
seized, as provided for by this Act.
Section 100-15. Seizure and forfeiture. If any person is
found to possess a special use herptile that is in violation of
this Act, including any administrative rules, then the special
use herptile and any equipment or items used contrary to this
Act shall be subject to seizure and forfeiture by the
Department. Any special use herptile seized in violation of
this Act may immediately be placed in a facility approved by
the Department.
If a person's special use herptile has been seized by the
Department, then the owner and possessor of the special use
herptile is liable for the reasonable costs associated with the
seizure, placement, testing, and care for the special use
herptile from the time of confiscation until the time the
special use herptile is relocated to an approved facility or
person holding a valid Herptile Special Use permit or is
otherwise disposed of by the Department.
Any special use herptile and related items found abandoned
shall become the property of the Department and disposed of
according to Department rule.
The circuit court, in addition to any other penalty, may
award any seized or confiscated special use herptiles or items
to the Department as provided for in Section 1-215 of the Fish
and Aquatic Life Code and Section 1.25 of the Wildlife Code.

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Further, the court, in addition to any other penalty, may
assess a fee upon a person who pleads guilty to the provisions
of this Act equal to the amount established or determined to
maintain the special use herptile until it is permanently
placed in a facility approved by the Department or otherwise
disposed of.
ARTICLE 105. GENERAL PROVISIONS
Section 105-5. Administrative rules. The Department is
authorized to adopt administrative rules for carrying out,
administering, and enforcing the provisions of this Act. The
administrative rules shall be adopted in accordance with the
Illinois Administrative Procedure Act.
Rules, after becoming effective, shall be enforced in the
same manner as other provisions of this Act. It is unlawful for
any person to violate any provision of any administrative rule
adopted by the Department. Violators of administrative rules
are subject to the penalties in this Act.
Section 105-10. Conservation of reptiles and amphibians.
The Department shall take all measures necessary for the
conservation, distribution, introduction, and restoration of
reptiles and amphibians. The Department shall also bring or
cause to be brought actions and proceedings, in the name and by
the authority of the People of the State of Illinois, to

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enforce this Act, including administrative rules, and to
recover any and all fines and penalties provided for in this
Act. Nothing in this Act shall be construed to authorize the
Department to change any penalty prescribed by law or to change
the amount of license fees or the authority conferred by
licenses prescribed by law. The Department is authorized to
cooperate with the appropriate Departments of the federal
government and other Departments or agencies of State
government and educational institutions in conducting surveys,
experiments, or work of joint interest or benefit.
Section 105-15. Peace officers. All employees of the
Department authorized by the Director shall have the power of,
and shall be, peace officers in the enforcement of this Act,
including administrative rules, and may carry weapons as may be
necessary in the performance of his or her duties.
Section 105-20. Arrests; warrants. All authorized
employees of the Department and all sheriffs, deputy sheriffs,
and other police officers shall arrest any person detected in
violation of any of the provisions of this Act, including
administrative rules. Any duly accredited officer of the
federal Fish and Wildlife Service and U.S. Forest Service may
arrest any person detected in violation of any of the
provisions of this Act, including administrative rules.
All officers shall make prompt investigation of any

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violation of this Act, including administrative rules,
reported by any other persons and shall cause a complaint to be
filed when there seems just ground for a complaint and evidence
procurable to support the complaint.
Upon the filing of a complaint, the officers shall render
assistance in the prosecution of the party against whom the
complaint is made.
Peace officers, other than employees of the Department,
making arrests and serving warrants provided for by this Act
shall receive the fees and mileage as provided for by law for
sheriffs.
Each duly accredited officer and authorized employee of the
Department is empowered to execute and serve all warrants and
processes issued by the circuit court.
Section 105-25. Prosecutions; State's Attorneys. All
prosecutions shall be brought in the name and by the authority
of the People of the State of Illinois before the circuit court
for the county where the offense was committed.
All State's Attorneys shall enforce the provisions of this
Act, including administrative rules, in his or her respective
county and shall prosecute all persons charged with violating
its provisions when requested by the Department.
Section 105-30. Statute of limitations. All prosecutions
under this Act shall be commenced within 2 years after the time

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the offense charged was committed.
Section 105-35. Collection of fines. All fines provided for
by this Act shall be collected and remitted to the Department's
Wildlife and Fish Fund, within 30 days after the collection of
the fine, by the clerk of the circuit court collecting the
fines who shall submit at the same time to the Department a
statement of the names of the persons so fined and the name of
the arresting officer, the offense committed, the amount of the
fine, and the date of the conviction.
Section 105-40. Power of entry and examination; access to
lands and waters. Authorized employees of the Department are
empowered, under law, to enter all lands and waters to enforce
this Act. Authorized employees are further empowered to examine
all buildings, private or public clubs (except dwellings), fish
markets, reptile shows, pet stores, camps, vessels, cars
(except sealed railroad cars or other sealed common carriers),
conveyances, vehicles, watercraft, or any other means of
transportation or shipping, tents, bags, pillow cases, coats,
jackets, or other receptacles and to open any box, barrel,
package, or other receptacle in the possession of a common
carrier, that they have reason to believe contains reptile or
amphibian life or any part of reptile or amphibian life taken,
bought, sold or bartered, shipped, or had in possession
contrary to this Act, including administrative rules, or that

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the receptacle containing the reptile or amphibian is falsely
labeled.
Authorized employees of the Department shall be given free
access to and shall not be hindered or interfered with in
making an entry and examination. Any permit or license held by
a person preventing free access or interfering with or
hindering an employee shall not be issued to that person for
the period of one year after his or her action.
Employees of the Department, as specifically authorized by
the Director, are empowered to enter all lands and waters for
the purpose of reptile or amphibian investigations, State and
federal permit inspections, as well as reptile or amphibian
censuses or inventories, and are further empowered to conduct
examination of equipment and devices in the field, under law,
to ensure compliance with this Act.
Section 105-45. Obstructing an officer. It shall be
unlawful for any person to resist or obstruct any officer or
employee of the Department in the discharge of his or her
duties under this Act. Any person who violates this provision
is guilty of a Class A misdemeanor.
Section 105-50. Posing as an officer or employee. It shall
be unlawful for any person to represent himself or herself
falsely to be an officer or employee of the Department or to
assume to act as an officer or employee of the Department

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without having been duly appointed and employed. Any person who
violates this provision is guilty of a Class A misdemeanor.
Section 105-55. Illegal collecting devices; public
nuisance. Every collecting device, including seines, nets,
traps, pillow cases, bags, snake hooks or tongs, or any
electrical device or any other devices including vehicles or
conveyance, watercraft, or aircraft used or operated illegally
or attempted to be used or operated illegally by any person in
taking, transporting, holding, or conveying any reptile or
amphibian life or any part of reptile or amphibian life,
contrary to this Act, including administrative rules, shall be
deemed a public nuisance and therefore illegal and subject to
seizure and confiscation by any authorized employee of the
Department. Upon the seizure of this item, the Department shall
take and hold the item until disposed of as provided in this
Act.
Upon the seizure of any device because of its illegal use,
the officer or authorized employee of the Department making the
seizure shall, as soon as reasonably possible, cause a
complaint to be filed before the circuit court and a summons to
be issued requiring the owner or person in possession of the
property to appear in court and show cause why the device
seized should not be forfeited to the State. Upon the return of
the summons duly served or upon posting or publication of
notice as provided in this Act, the court shall proceed to

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determine the question of the illegality of the use of the
seized property. Upon judgment being entered that the property
was illegally used, an order shall be entered providing for the
forfeiture of the seized property to the State. The owner of
the property may have a jury determine the illegality of its
use and shall have the right of an appeal as in other civil
cases. Confiscation or forfeiture shall not preclude or
mitigate against prosecution and assessment of penalties
provided in Article 90 of this Act.
Upon seizure of any property under circumstances
supporting a reasonable belief that the property was abandoned,
lost, stolen, or otherwise illegally possessed or used contrary
to this Act, except property seized during a search or arrest,
and ultimately returned, destroyed, or otherwise disposed of
under order of a court in accordance with this Act, the
authorized employee of the Department shall make reasonable
inquiry and efforts to identify and notify the owner or other
person entitled to possession of the property and shall return
the property after the person provides reasonable and
satisfactory proof of his or her ownership or right to
possession and reimburses the Department for all reasonable
expenses of custody. If the identity or location of the owner
or other person entitled to possession of the property has not
been ascertained within 6 months after the Department obtains
possession, the Department shall effectuate the sale of the
property for cash to the highest bidder at a public auction.

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The owner or other person entitled to possession of the
property may claim and recover possession of the property at
any time before its sale at public auction upon providing
reasonable and satisfactory proof of ownership or right of
possession and reimbursing the Department for all reasonable
expenses of custody.
Any property forfeited to the State by court order under
this Section may be disposed of by public auction, except that
any property that is the subject of a court order shall not be
disposed of pending appeal of the order. The proceeds of the
sales at auction shall be deposited in the Wildlife and Fish
Fund.
The Department shall pay all costs of posting or
publication of notices required by this Section.
Section 105-60. Violations; separate offenses. Each act of
pursuing, taking, shipping, offered or received for shipping,
offering or receiving for shipment, transporting, buying,
selling or bartering, or having in one's possession any
protected reptile or amphibian life or any part of reptile or
amphibian life, seines, nets, bags, snake hooks or tongs, or
other devices used or to be used in violation of this Act,
including administrative rules, constitutes a separate
offense.
Section 105-65. Accessory to violation. Any person who aids

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in or contributes in any way to a violation of this Act,
including administrative rules, is individually liable, as a
separate offense under this Act, for the penalties imposed
against the person who committed the violation.
Section 105-70. Permit fraudulently obtained. No person
shall at any time:
(1) falsify, alter, or change in any manner, or provide
deceptive or false information required for any permit issued
under the provisions of this Act;
(2) falsify any record required by this Act;
(3) counterfeit any form of permit provided for by this
Act;
(4) loan or transfer to another person any permit issued
under this Act; or
(5) use any permit issued to another person under this Act.
It is unlawful to possess any permit issued under the
provisions of this Act that was fraudulently obtained or which
the person or permittee knew, or should have known, was
falsified, altered, changed in any manner, or fraudulently
obtained.
The Department shall revoke all permits and suspend all
privileges under this Act of any person violating this Section
for a period of not less than 3 years. The procedures for
suspension under this Section shall be as provided for in
administrative rule. Anyone who violates a provision of this

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Section shall be guilty of a Class A misdemeanor.
Section 105-75. Wildlife and Fish Fund; disposition of
money received. All fees, fines, income of whatever kind or
nature derived from reptile and amphibian activities regulated
by this Act on lands, waters, or both under the jurisdiction or
control of the Department and all penalties collected under
this Act shall be deposited into the State Treasury and shall
be set apart in a special fund known as the Wildlife and Fish
Fund.
Section 105-80. Ownership and title of wild indigenous
reptiles and amphibians. The ownership of and title to all wild
indigenous reptile and amphibian life within the boundaries of
the State are hereby declared to be in the State and no wild
indigenous reptile and amphibian life shall be taken or killed,
in any manner or at any time, unless the person or persons
taking or killing the wild indigenous reptile and amphibian
life shall consent that the title to the wild indigenous
reptile and amphibian life shall be and remain in the State for
the purpose of regulating the taking, killing, possession, use,
sale, and transportation of wild indigenous reptile and
amphibian life after taking or killing, as set forth in this
Act.
Section 105-85. Application. This Act shall apply to

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reptile and amphibian life or any part of reptile and amphibian
life (i) in or from any of the waters or lands wholly within
the boundaries of the State or over which the State has
concurrent jurisdiction with any other state or (ii) which may
be possessed in or brought into the State.
Section 105-90. Taking on private property. It is unlawful
for any person to take or attempt to take any species of
reptile or amphibian, or parts thereof, within or upon the land
of another, or upon waters flowing over or standing on the land
of another, without first obtaining permission from the owner
or the owner's designee. For the purposes of this Section, the
owner's designee means anyone who the owner designates in a
written authorization and the authorization must contain (i)
the legal or common description of property for which the
authority is given, (ii) the extent that the owner's designee
is authorized to make decisions regarding who is allowed to
take or attempt to take any species of reptiles or amphibians,
or parts thereof, and (iii) the owner's notarized signature.
Before enforcing this Section, the law enforcement officer must
have received notice from the owner or the owner's designee of
a violation of this Section. Statements made to a law
enforcement officer regarding this notice shall not be rendered
inadmissible by the hearsay rule when offered for the purpose
of showing the required notice. Any person who violates this
Section shall be guilty of a Class B misdemeanor.

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Section 105-95. Financial value of herptiles.
(a) For purposes of this Section, the financial value of
all reptiles and amphibians described under this Act taken,
possessed, or used in violation of this Act, whether in whole
or in part, is as follows:
(1) for processed turtle parts, $8 for each pound or
fraction of a pound; for each non-processed turtle, $15 per
whole turtle or fair market value, whichever is greater;
(2) for frogs, toads, salamanders, lizards, and
snakes, $5 per herptile or fair market value, whichever is
greater, in whole or in part, unless specified as a special
use herptile;
(3) for any special use herptile, the value shall be no
less than $250 per special use herptile or fair market
value, whichever is greater;
(4) for any endangered or threatened herptile, the
value shall be no less than $150 per endangered or
threatend herptile or fair market value, whichever is
greater; and
(5) any person who, for profit or commercial purposes,
knowingly captures or kills, possesses, offers for sale,
sells, offers to barter, barters, offers to purchase,
purchases, delivers for shipment, ships, exports, imports,
causes to be shipped, exported, or imported, delivers for
transportation, transports, or causes to be transported,

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carriers or causes to be carried, or receives for shipment,
transportation, carriage, or export any reptile or
amphibian life, in part or in whole, of any of the reptiles
and amphibians protected by this Act, and that reptile or
amphibian life, in whole or in part, is valued at or in
excess of a total of $300 or fair market value, whichever
is greater, as per value specified in paragraphs (1), (2),
(3), and (4) of this subsection commits a Class 3 felony.
(b) The trier of fact may infer that a person "knowingly
possesses" a reptile or amphibian, in whole or in part,
captured or killed in violation of this Act, valued at or in
excess of $600, as per value specified in paragraphs (1), (2),
(3), and (4) of subsection (a) of this Section.
Section 105-100. Home rule. A municipality or county may
adopt an ordinance governing amphibian and reptile species that
is more restrictive than this Act.
ARTICLE 110. EXEMPTIONS
Section 110-5. Exemptions. When acting in their official
capacity, the following entities and their agents are exempt
from Articles 75 and 85 of this Act:
(1) public zoos or aquaria accredited by the
Association of Zoos and Aquariums;
(2) licensed veterinarians or anyone operating under

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the authority of a licensed veterinarian;
(3) wildlife sanctuaries;
(4) accredited research or medical institutions;
(5) licensed or accredited educational institutions;
(6) circuses licensed and in compliance with the Animal
Welfare Act and all rules adopted by the Department of
Agriculture;
(7) federal, State, and local law enforcement
officers, including animal control officers acting under
the authority of this Act;
(8) members of federal, State, or local agencies
approved by the Department;
(9) any bona fide wildlife rehabilitation facility
licensed or otherwise authorized by the Department; and
(10) any motion picture or television production
company that uses licensed dealers, exhibitors, and
transporters under the federal Animal Welfare Act, 7 U.S.C.
2132.
Section 900-5. The Fish and Aquatic Life Code is amended by
changing Sections 1-20, 5-25, 10-30, 10-35, 10-60, 10-65, and
10-115 as follows:
(515 ILCS 5/1-20) (from Ch. 56, par. 1-20)
Sec. 1-20. Aquatic life. "Aquatic life" means all fish,
reptiles, amphibians, crayfish, and mussels. For the purposes

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of Section 20-90, the definition of "aquatic life" shall
include, but is not limited to, all fish, reptiles, amphibians,
mollusks, crustaceans, algae or other aquatic plants, and
invertebrates. Aquatic life does not mean any herptiles that
are found in the Herptiles-Herps Act.
(Source: P.A. 89-66, eff. 1-1-96.)
(515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
Sec. 5-25. Value of protected species; violations.
(a) Any person who, for profit or commercial purposes,
knowingly captures or kills, possesses, offers for sale, sells,
offers to barter, barters, offers to purchase, purchases,
delivers for shipment, ships, exports, imports, causes to be
shipped, exported, or imported, delivers for transportation,
transports or causes to be transported, carries or causes to be
carried, or receives for shipment, transportation, carriage,
or export any aquatic life, in part or in whole of any of the
species protected by this Code, contrary to the provisions of
the Code, and that aquatic life, in whole or in part, is valued
at or in excess of a total of $300, as per species value
specified in subsection (c) of this Section, commits a Class 3
felony.
A person is guilty of a Class 4 felony if convicted under
this Section for more than one violation within a 90-day period
if the aquatic life involved in each violation are not valued
at or in excess of $300 but the total value of the aquatic life

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involved with the multiple violations is at or in excess of
$300. The prosecution for a Class 4 felony for these multiple
violations must be alleged in a single charge or indictment and
brought in a single prosecution.
Any person who violates this subsection (a) when the total
value of species is less than $300 commits a Class A
misdemeanor except as otherwise provided.
(b) Possession of aquatic life, in whole or in part,
captured or killed in violation of this Code, valued at or in
excess of $600, as per species value specified in subsection
(c) of this Section, shall be considered prima facie evidence
of possession for profit or commercial purposes.
(c) For purposes of this Section, the fair market value or
replacement cost, whichever is greater, must be used to
determine the value of the species protected by this Code, but
in no case shall the minimum value of all aquatic life and
their hybrids protected by this Code, whether dressed or not
dressed, be less than the following:
(1) For each muskellunge, northern pike, walleye,
striped bass, sauger, largemouth bass, smallmouth bass,
spotted bass, trout (all species), salmon (all species
other than chinook caught from August 1 through December
31), and sturgeon (other than pallid or lake sturgeon) of a
weight, dressed or not dressed, of one pound or more, $4
for each pound or fraction of a pound. For each individual
fish with a dressed or not dressed weight of less than one

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pound, $4. For parts of fish processed past the dressed
state, $8 per pound.
(2) For each warmouth, rock bass, white bass, yellow
bass, sunfish (all species except largemouth, smallmouth,
and spotted bass), bluegill, crappie, bullheads,
pickerels, yellow perch, catfish (all species), and
mussels of a weight, dressed or not dressed, of one pound
or more, $4 for each pound or fraction of a pound of
aquatic life. For each individual aquatic life with a
dressed or not dressed weight of less than one pound, $4.
For aquatic life parts processed past the dressed state, $8
per pound.
(3) (Blank). For processed turtle parts, $6 for each
pound or fraction of a pound. For each non-processed
turtle, $8 per turtle.
(4) (Blank). For frogs, toads, salamanders, lizards,
and snakes, $8 per animal in whole or in part.
(5) For goldeye, mooneye, carp, carpsuckers (all
species), suckers (all species), redhorse (all species),
buffalo (all species), freshwater drum, skipjack, shad
(all species), alewife, smelt, gar, bowfin, chinook salmon
caught from August 1 through December 31, and all other
aquatic life protected by this Code, not listed in
paragraphs (1), (2), or (5) (3), or (4) of subsection (c)
of this Section, $1 per pound, in part or in whole.
(6) For each species listed on the federal or State

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endangered and threatened species list, and for lake and
pallid sturgeon, $150 per animal in whole or in part.
(Source: P.A. 95-147, eff. 8-14-07.)
(515 ILCS 5/10-30) (from Ch. 56, par. 10-30)
Sec. 10-30. Bullfrog; open season. Bullfrog open season is
found in Section 5-30 of the Herptiles-Herps Act. All
individuals taking bullfrogs shall possess a valid sport
fishing license and may take bullfrogs only during the
following open season of June 15 through August 31, both
inclusive.
(Source: P.A. 87-833.)
(515 ILCS 5/10-35) (from Ch. 56, par. 10-35)
Sec. 10-35. Daily limit; bullfrogs. Bullfrog daily limit is
found in Section 5-30 of the Herptiles-Herps Act. The daily
limit for all properly licensed individuals is 8 bullfrogs. The
possession limit total is 16 bullfrogs.
(Source: P.A. 87-833.)
(515 ILCS 5/10-60) (from Ch. 56, par. 10-60)
Sec. 10-60. Taking of turtles or bullfrogs; illegal
devices. Taking of turtles or bullfrogs is found in Section
5-30 of the Herptiles-Herps Act. No person shall take turtles
or bullfrogs by commercial fishing devices, including hoop
nets, traps, or seines, or by the use of firearms, airguns, or

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gas guns.
(Source: P.A. 87-833.)
(515 ILCS 5/10-65) (from Ch. 56, par. 10-65)
Sec. 10-65. Taking of snakes. Taking of snakes is found in
Section 5-25 of the Herptiles-Herps Act. Unless otherwise
provided in this Code, snakes may be taken by the owners or
bonafide tenants of lands actually residing on the lands and
their children, parents, brothers, and sisters actually
permanently residing with them.
(Source: P.A. 87-833.)
(515 ILCS 5/10-115) (from Ch. 56, par. 10-115)
Sec. 10-115. Taking of turtles. Taking of turtles is found
in Section 5-30 of the Herptiles-Herps Act. Turtles may be
taken only by hand or means of hook and line. The provisions of
this Section are subject to modification by administrative
rule.
(Source: P.A. 87-833.)
Section 900-10. The Illinois Endangered Species Protection
Act is amended by changing Sections 4 and 5 as follows:
(520 ILCS 10/4) (from Ch. 8, par. 334)
Sec. 4. Upon receipt of proper application and approval of
the same, the Department may issue to any qualified person a

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permit which allows the taking, possession, transport,
purchase, or disposal of specimens or products of an endangered
or threatened species of animal or federal endangered plant
after the effective date of this Act for justified purposes,
that will enhance the survival of the affected species by
zoological, botanical or educational or for scientific
purposes only. Section 5-20 of the Herptiles-Herps Act has
provisions for permits to acquire, breed, and sell captive,
legally obtained endangered and threatened amphibians and
reptiles. Rules for the issuance and maintenance of permits
shall be promulgated by the Department after consultation with
and written approval of the Board. The Department shall, upon
notice and hearing, revoke the permit of any holder thereof
upon finding that the person is not complying with the terms of
the permit, the person is knowingly providing incorrect or
inadequate information, the activity covered by the permit is
placing the species in undue jeopardy, or for other cause.
(Source: P.A. 84-1065.)
(520 ILCS 10/5) (from Ch. 8, par. 335)
Sec. 5. (a) Upon receipt of proper application and approval
of same, the Department may issue a limited permit authorizing
the possession, purchase or disposition of animals or animal
products of an endangered or threatened species, or federal
endangered plants to any person which had in its possession
prior to the effective date of this Act such an item or which

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obtained such an item legally out-of-state. Such permit shall
specifically name and describe each pertinent item possessed by
the permit holder and shall be valid only for possession,
purchase or disposition of the items so named. The Department
may require proof that acquisition of such items was made
before the effective date of this Act. The Department may also
issue a limited permit authorizing the possession, purchase or
disposition of live animals or such item to any person to whom
a holder of a valid permit issued pursuant to this section
gives, sells, or otherwise transfers the item named in the
permit. Section 5-20 of the Herptiles-Herps Act has provisions
for permits to acquire, breed, and sell captive, legally
obtained endangered and threatened amphibians and reptiles.
Limited permits issued pursuant to this section shall be valid
only as long as the item remains in the possession of the
person to whom the permit was issued.
(b) The limited permit shall be revoked by the Department
if it finds that the holder has received it on the basis of
false information, is not complying with its terms, or for
other cause.
(Source: P.A. 84-1065.)
Section 900-15. The Criminal Code of 2012 is amended by
changing Section 48-10 as follows:
(720 ILCS 5/48-10)

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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, bear, hyena, wolf or coyote, or any
poisonous or life-threatening reptile. Dangerous animal
does not mean any herptiles included in the Herptiles-Herps
Act.
"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

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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.
(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

09800SB0902sam001 - 65 - LRB098 05139 MGM 57058 a
of severely mobility-impaired individuals; and
(B) the person complies with the notification
requirements as described in paragraph (1) of this
subsection (c).
(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

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facilities include, but are not limited to, a zoological park,
federally licensed exhibit, humane society, veterinary
hospital or animal refuge.
(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.)".