State of Illinois
91st General Assembly
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91_SB1834

 
                                              LRB9108027DJcsE

 1        AN ACT to amend the Illinois  Dangerous  Animals  Act  by
 2    changing Sections 0.1, 1, and 2 and adding Section 3.100.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Illinois Dangerous Animals Act is amended
 6    by changing Sections 0.1, 1, and 2 and adding  Section  3.100
 7    as follows:

 8        (720 ILCS 585/0.1) (from Ch. 8, par. 240)
 9        Sec.  0.1.   As  used  in  this  Act,  unless the context
10    otherwise requires:
11        "Dangerous animal" means a lion, tiger, leopard,  ocelot,
12    jaguar,   cheetah,   margay,  mountain  lion,  lynx,  bobcat,
13    jaguarundi, bear, hyena, wolf or coyote, or any poisonous  or
14    life-threatening  reptile.  "Dangerous animal" also means (i)
15    the offspring of a wolf or coyote and a domesticated dog  and
16    (ii)  non-human  primates  as  defined by regulations adopted
17    pursuant to the federal Animal Welfare Act.
18        "Owner" means any person who (a) has a right of  property
19    in  a  dangerous  animal,  (b)  keeps  or harbors a dangerous
20    animal, (c) has a dangerous animal in his care, or  (d)  acts
21    as custodian of a dangerous animal.
22        "Person"   means   any   individual,  firm,  association,
23    partnership, corporation, or other legal entity,  any  public
24    or  private  institution,  the  State  of  Illinois,  or  any
25    municipal corporation or political subdivision of the State.
26        "Poisonous  or  life-threatening  reptile"  includes  any
27    venomous  reptile,  any constricting snake capable of causing
28    injury to an infant or child, any member  of  the  crocodilia
29    family,  and  any  reptile  recognized to be a carrier of any
30    life-threatening disease.
31    (Source: P.A. 84-28.)
 
                            -2-               LRB9108027DJcsE
 1        (720 ILCS 585/1) (from Ch. 8, par. 241)
 2        Sec. 1.  Dangerous animals prohibited, exceptions.
 3        (a)  No person shall have a right of property  in,  keep,
 4    harbor,  care  for,  act  as  custodian of or maintain in his
 5    possession any  dangerous  animal  except  as  authorized  in
 6    subsection  (c) or except at a properly maintained zoological
 7    park,  federally  licensed  exhibit,  circus,  scientific  or
 8    educational  institution,  research  laboratory,   veterinary
 9    hospital or animal refuge in an escape-proof enclosure.
10        (b)  If  a dangerous animal is exhibited at a facility or
11    in a setting authorized under subsection (a),  the  owner  of
12    the animal (and the exhibitor of the animal, if the exhibitor
13    is  a person other than the owner) must take reasonable steps
14    to ensure that there is no contact between the animal and any
15    person other than the owner, the exhibitor, or an employee of
16    the owner or exhibitor.
17        (c) No person, in  his  or  her  residence,  shall  keep,
18    harbor,  care for, act as custodian of, or maintain in his or
19    her possession a constricting snake capable of causing injury
20    to an infant  or  child  unless  the  snake  is  kept  in  an
21    escape-proof enclosure.
22    (Source: P.A. 84-28.)

23        (720 ILCS 585/2) (from Ch. 8, par. 242)
24        Sec.  2.   It  is  no defense to a violation of Section 1
25    that the person  violating  such  Section  has  attempted  to
26    domesticate  the  dangerous animal. Every dangerous animal is
27    subject to seizure.  After the Department of Agriculture or a
28    State's Attorney notifies an owner of a dangerous animal that
29    the animal will be seized, the  owner  may  not  transfer  an
30    ownership  interest  in  the animal to any other person until
31    after the  animal  is  placed  in  an  approved  facility  or
32    otherwise disposed of in a manner not prohibited by this Act,
33    nor  may  the  owner  move the animal or cause it to be moved
 
                            -3-               LRB9108027DJcsE
 1    without the express written consent  of  the  Department.  If
 2    there  appears  to  be  imminent  danger  to  the public, any
 3    dangerous animal found not in compliance with the  provisions
 4    of  this  Act shall be subject to seizure and may immediately
 5    be placed in an approved facility.  Upon the conviction of  a
 6    person  for  a violation of Section 1, the animal with regard
 7    to which the conviction was obtained shall be confiscated and
 8    placed in an approved facility, with the owner thereof to  be
 9    responsible  for  all  costs  connected  with the seizure and
10    confiscation of such animal. Approved facilities include, but
11    are not limited to, a  zoological  park,  federally  licensed
12    exhibit,   humane  society,  veterinary  hospital  or  animal
13    refuge.
14    (Source: P.A. 84-28.)

15        (720 ILCS 585/3.100 new)
16        Sec. 3.100. Administration by Department of  Agriculture.
17    The Department of Agriculture shall administer this Act.  The
18    Department   shall  refer  violations  of  this  Act  to  the
19    appropriate  State's  Attorney  for  prosecution   or   other
20    appropriate  action.  The Director of Agriculture shall adopt
21    rules necessary or appropriate for administering this Act.

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.

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