Bill Text: IL SB1883 | 2023-2024 | 103rd General Assembly | Introduced

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

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Bill Title: Creates the Wild Animal Public Safety Act. Provides that notwithstanding any other provision of law to the contrary, it is unlawful for any person to allow any member of the public to come into direct contact with a bear or nonhuman primate. Defines "direct contact" as the physical contact or proximity where physical contact is possible, including, but not limited to, any proximity without a permanent physical barrier or sufficient vertical height designed to prevent physical contact between the public and the bear or nonhuman primate. Provides that a violation is a Class B misdemeanor. Provides exceptions. Provides that any law enforcement officer or peace officer employed by the State or by any county or municipality within the State may enforce the provisions of this Act. Provides that the Attorney General, or a State's Attorney of the county in which a violation of the Act occurred, may bring an action in the name of the People of the State of Illinois to enforce the provisions of the Act, and may bring an action for an injunction to restrain any actual or threatened violation. Contains a severability provision.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0239 [SB1883 Detail]

Download: Illinois-2023-SB1883-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1883 Introduced 2/9/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
720 ILCS 5/48-12 new
Amends the Criminal Code of 2012. Provides that, notwithstanding any other provision of law, it is unlawful for any person to allow any member of the public to come into direct contact with a bear or nonhuman primate. Provides exemptions. Provides that a violation is a Class B misdemeanor. Provides that any law enforcement officer or peace officer employed by the State or by any county or municipality within the State may enforce these provisions. Provides that the Attorney General or a State's Attorney of the county in which a violation of these provisions occurred, may bring an action in the name of the People of the State of Illinois to enforce these provisions, and may bring an action for an injunction to restrain any actual or threatened violation. Contains a severability provision.
LRB103 28576 RLC 54957 b
A BILL FOR
SB1883 LRB103 28576 RLC 54957 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 48-12 as follows:
(720 ILCS 5/48-12 new)
Sec. 48-12. Wild animal public safety.
(a) Definitions. In this Section:
"Covered animal" means any of the following, or any hybrid
of any of the following:
(1) Bear.
(2) Nonhuman primate.
"Direct contact" means physical contact or proximity where
physical contact is possible, including, but not limited to,
any proximity without a permanent physical barrier or
sufficient vertical height designed to prevent physical
contact between the public and a covered animal.
"Professional production crew" means a cast or crew member
of a production team and includes a professional photographer,
videographer, or cinematographer.
(b) Prohibition. Notwithstanding any other provision of
law, it is unlawful for any person to allow any member of the
public to come into direct contact with a covered animal.

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(c) Nonapplication of this Section. This Section does not
apply to direct contact between a covered animal and any of the
following:
(1) the owner of the covered animal;
(2) the owner of the facility in which the specified
animal is kept;
(3) a trained professional employee or contractor of
the owner of the covered animal or facility or an
accompanying employee receiving professional training,
while acting in the course and scope of his or her official
duties;
(4) a licensed veterinarian, a veterinary student
accompanying such a veterinarian, or a registered
veterinary technician under the direct or indirect
supervision of a licensed veterinarian;
(5) a law enforcement officer or animal control
authority acting in the course and scope of his or her
official duties; or
(6) a board member, trainee, service provider, or
professional production crew who:
(A) is accompanied by the facility's owner or
trained employee;
(B) is performing work with the specified animal
away from public view; and
(C) is under a contract or other engagement with
the facility's owner.

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(d) Sentence. Any person who violates this Section is
guilty of a Class B misdemeanor.
(e) Enforcement. Any law enforcement officer or peace
officer employed by this State or by any county or
municipality within this State may enforce the provisions of
this Section. The Attorney General or a State's Attorney in
the county in which a violation of this Section occurred, may
bring an action in the name of the People of the State of
Illinois to enforce the provisions of this Section, and may
bring an action for an injunction to restrain any actual or
threatened violation.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.