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Illinois General Assembly· HB 4255Governor Approved

CRIM CD-TRAVELING ANIMAL ACTS, the official text

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HB4255 Enrolled                     LRB104 16708 RLC 30113 b

1   AN ACT concerning criminal law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Criminal Code of 2012 is amended by

5 changing Section 48-11 as follows:

6   (720 ILCS 5/48-11)

7   Sec. 48-11. Unlawful use of a covered animal an elephant

8 in a traveling animal act.

9   (a) Definitions. As used in this Section:

10  "Covered animal" means any of the following animals, and

11 hybrids of those animals:

12  (1) cougar (puma concolor);

13  (2) elephantidae;

14  (3) jaguar (panthera onca);

15  (4) leopard (panthera pardus), excluding Amur leopard

16  (panthera pardus orientalis);

17  (5) lion (panthera leo);

18  (6) non-human primate;

19  (7) tiger (panthera tigris); or

20  (8) ursidae.

21  "Mobile or traveling animal housing facility" means a

22 transporting vehicle such as a truck, trailer, or railway car

23 used to transport or house animals while traveling to an
    HB4255 Enrolled          -2-    LRB104 16708 RLC 30113 b

1 exhibition or other performance.

2   "Performance" means an exhibition, public showing,

3 presentation, display, exposition, fair, animal act, circus,

4 ride, trade show, petting zoo, carnival, parade, race, or

5 other similar undertaking in which animals are required to

6 perform tricks, give rides, or participate as accompaniments

7 for entertainment, amusement, or benefit of a live audience.

8   "Traveling animal act" means any performance of animals

9 where animals are transported to, from, or between locations

10 for the purpose of a performance in a mobile or traveling

11 animal housing facility.

12  (b) A person commits unlawful use of a covered animal an

13 elephant in a traveling animal act when he or she knowingly

14 allows for the participation of a covered animal an African

15 elephant (Loxodonta africana) or Asian elephant (Elephas

16 maximus) protected under the federal Endangered Species Act of

17 1973 in a traveling animal act.

18  (c) This Section does not apply to a performance of a

19 covered animal that: (1) takes place an exhibition of

20 elephants at a non-mobile, permanent institution, or other

21 fixed facility licensed by the United States Department of

22 Agriculture; and (2) is conducted by the non-mobile, permanent

23 institution, or fixed facility.

24  (d) Sentence. Unlawful use of a covered animal an elephant

25 in a traveling animal act is a Class A misdemeanor.

26  (e) The provisions of this amendatory Act of the 104th
    HB4255 Enrolled  -3-  LRB104 16708 RLC 30113 b

1 General Assembly are in addition to, and not in lieu of, any
2 other laws protecting animal welfare. This Section may not be
3 construed to limit any State law or rules protecting the
4 welfare of animals or to prevent a unit of local government
5 from adopting and enforcing its own animal welfare ordinances
6 and regulations.
7 (Source: P.A. 100-90, eff. 1-1-18.)

8   Section 97. Severability. The provisions of this Act are

9 severable under Section 1.31 of the Statute on Statutes.

10  Section 99. Effective date. This Act takes effect July 1,

11 2026.
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