HB 4446

Abstract

Amends provisions of the Criminal Code of 2012 making it an offense to keep a dangerous animal, with specified exceptions. In the definition of "dangerous animal", includes a serval, caracal, kangaroo, and wallaby and any hybrid, intergrade, or cross of a listed dangerous animal. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Makes a technical correction. Defines "federally licensed facility". Permits a person to have a right of property in, keep, harbor, care for, act as custodian of or maintain in his or her possession any dangerous animal or primate in or by a: (1) federally licensed facility, (2) veterinary hospital, or (3) permitted hound running area and only for possession of coyotes. Provides that the exemptions listed in the dangerous animals statute do not exempt persons from having to be in compliance with the Wildlife Code or the Endangered Species Act, including, but not limited to, prohibitions on possession of any dangerous animal. Provides that it is an affirmative defense for a prosecution under the dangerous animals statute if a person had lawful possession of a feline crossbreed between a serval cat and a domesticated cat and the possessor of the animal proves that the possessor possessed the animal before the effective date of the amendatory Act. Provides that nothing in dangerous animals statute shall be construed to apply to a motion picture, television, or digital media production company employing or contracting with a dealer or exhibitor licensed under the federal Animal Welfare Act or with a carrier, intermediate handler, or unlicensed exhibitor registered under that Act for the transportation, purchase, exhibition, or use of animals in its motion picture, television or digital media production. House Floor Amendment No. 2 Adds reference to: 225 ILCS 115/18 Amends the Veterinary Medicine and Surgery Practice Act of 2004. Provides that a veterinarian who, on his own initiative or other than at the request of the owner, gives emergency treatment to a sick or injured animal, including a dangerous animal as defined in the dangerous animals provisions of the Criminal Code of 2012, shall not be liable for damages in the absence of gross negligence. In the amendatory changes to the Criminal Code of 2012, provides that upon the conviction of a person for keeping, harboring, caring for, acting as custodian of, or maintaining in his or her possession any dangerous animal, the animal with regard to which the conviction was obtained shall be confiscated and placed in a licensed (rather than an approved) facility, with the owner responsible for all costs connected with the seizure and confiscation of the animal.