SB 902 — HERPTILES-HERPS ACT

(1) the person was in legal possession and is the legal SB0902 Enrolled - 30 - LRB098 05139 MRW 35170 b 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;

Prior to the issuance of the Herptile Special Use permit, the applicant must provide proof of SB0902 Engrossed - 31 - LRB098 05139 MRW 35170 b 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.

An applicant for a Herptile Special Use permit must file an application with the SB0902 Enrolled - 31 - LRB098 05139 MRW 35170 b Department on a form provided by the Department.

Any person possessing and in legal possession of a special SB0902 Engrossed - 32 - LRB098 05139 MRW 35170 b 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.

(iv) pays to the Department, along with each application for a Limited Entry permit, a non-refundable SB0902 Enrolled - 32 - LRB098 05139 MRW 35170 b fee as set by administrative rule, which the Department shall deposit into the Wildlife and Fish Fund;

A person who does not hold a Herptile Special Use SB0902 Engrossed - 33 - LRB098 05139 MRW 35170 b 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.

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 SB0902 Enrolled - 33 - LRB098 05139 MRW 35170 b years after the date that he or she is found guilty of a second offense, and for life for a third offense.

A person who SB0902 Engrossed - 34 - LRB098 05139 MRW 35170 b 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.

SB0902 Enrolled - 34 - LRB098 05139 MRW 35170 b ARTICLE 80.

A person who fails to comply with the SB0902 Engrossed - 35 - LRB098 05139 MRW 35170 b 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.

SB0902 Enrolled - 35 - LRB098 05139 MRW 35170 b 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 shall not transport the special use herptile to or possess the special use herptile SB0902 Engrossed - 36 - LRB098 05139 MRW 35170 b 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.

PENALTIES SB0902 Enrolled - 36 - LRB098 05139 MRW 35170 b Section 90-5.

SB0902 Engrossed - 37 - LRB098 05139 MRW 35170 b ARTICLE 95.

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 SB0902 Enrolled - 37 - LRB098 05139 MRW 35170 b contribute to the injury of person, whether in public or on private property.

The owner, keeper, or possessor of an escaped herptile SB0902 Engrossed - 38 - LRB098 05139 MRW 35170 b 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.

A licensed veterinarian who may have cause to treat a special use herptile that is in violation of this Act shall not SB0902 Enrolled - 38 - LRB098 05139 MRW 35170 b 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;

SEIZURE AND FORFEITURE SB0902 Engrossed - 39 - LRB098 05139 MRW 35170 b Section 100-5.

Whenever a person has in his or her possession in excess of SB0902 Enrolled - 39 - LRB098 05139 MRW 35170 b 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.

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, SB0902 Engrossed - 40 - LRB098 05139 MRW 35170 b 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.

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, SB0902 Enrolled - 40 - LRB098 05139 MRW 35170 b possessed, or transported in violation of this Act, including administrative rules.

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 SB0902 Engrossed - 41 - LRB098 05139 MRW 35170 b Act shall be subject to seizure and forfeiture by the Department.

Any special use herptile and related items found abandoned SB0902 Enrolled - 41 - LRB098 05139 MRW 35170 b shall become the property of the Department and disposed of according to Department rule.

SB0902 Engrossed - 42 - LRB098 05139 MRW 35170 b ARTICLE 105.

SB0902 Enrolled - 42 - LRB098 05139 MRW 35170 b Section 105-10.

The Department is authorized to cooperate with the appropriate Departments of the federal SB0902 Engrossed - 43 - LRB098 05139 MRW 35170 b government and other Departments or agencies of State government and educational institutions in conducting surveys, experiments, or work of joint interest or benefit.

All authorized employees of the Department and all sheriffs, deputy sheriffs, and other police officers shall arrest any person detected in SB0902 Enrolled - 43 - LRB098 05139 MRW 35170 b violation of any of the provisions of this Act, including administrative rules.

SB0902 Engrossed - 44 - LRB098 05139 MRW 35170 b 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.

All State's Attorneys shall enforce the provisions of this SB0902 Enrolled - 44 - LRB098 05139 MRW 35170 b 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.

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 SB0902 Engrossed - 45 - LRB098 05139 MRW 35170 b 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.

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, pillowcases, coats, SB0902 Enrolled - 45 - LRB098 05139 MRW 35170 b 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 the receptacle containing the reptile or amphibian is falsely labeled.

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 SB0902 Engrossed - 46 - LRB098 05139 MRW 35170 b the period of one year after his or her action.

Any person who violates this provision SB0902 Enrolled - 46 - LRB098 05139 MRW 35170 b is guilty of a Class A misdemeanor.

Every collecting device, including seines, nets, traps, pillowcases, bags, snake hooks or tongs, or any electrical device or any other devices including vehicles or SB0902 Engrossed - 47 - LRB098 05139 MRW 35170 b 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 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 SB0902 Enrolled - 47 - LRB098 05139 MRW 35170 b 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.

Confiscation or forfeiture shall not preclude or SB0902 Engrossed - 48 - LRB098 05139 MRW 35170 b 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 SB0902 Enrolled - 48 - LRB098 05139 MRW 35170 b possession and reimburses the Department for all reasonable expenses of custody.

Any property forfeited to the State by court order under SB0902 Engrossed - 49 - LRB098 05139 MRW 35170 b 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.

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 SB0902 Enrolled - 49 - LRB098 05139 MRW 35170 b 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.

SB0902 Engrossed - 50 - LRB098 05139 MRW 35170 b (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;

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 SB0902 Enrolled - 50 - LRB098 05139 MRW 35170 b obtained.

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 SB0902 Engrossed - 51 - LRB098 05139 MRW 35170 b 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.

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 SB0902 Enrolled - 51 - LRB098 05139 MRW 35170 b 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.

It is unlawful SB0902 Engrossed - 52 - LRB098 05139 MRW 35170 b 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.

Before enforcing this Section, the law enforcement officer must SB0902 Enrolled - 52 - LRB098 05139 MRW 35170 b have received notice from the owner or the owner's designee of a violation of this Section.

(1) for processed turtle parts, $8 for each pound or SB0902 Engrossed - 53 - LRB098 05139 MRW 35170 b fraction of a pound;

and SB0902 Enrolled - 53 - LRB098 05139 MRW 35170 b (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, carries 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), SB0902 Engrossed - 54 - LRB098 05139 MRW 35170 b (3), and (4) of this subsection commits a Class 3 felony.

EXEMPTIONS SB0902 Enrolled - 54 - LRB098 05139 MRW 35170 b Section 110-5.

(1) public zoos or aquaria accredited by the Association of Zoos and Aquariums;Aquariums or the Zoological Association of America;

SB0902 Engrossed - 55 - LRB098 05139 MRW 35170 b (7) federal, State, and local law enforcement officers, including animal control officers acting under the authority of this Act;

SB0902 Enrolled - 55 - LRB098 05139 MRW 35170 b Section 900-5.

1-1-96.) SB0902 Engrossed - 56 - LRB098 05139 MRW 35170 b (515 ILCS 5/5-25) (from Ch.

(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 SB0902 Enrolled - 56 - LRB098 05139 MRW 35170 b 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.

SB0902 Engrossed - 57 - LRB098 05139 MRW 35170 b (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.

(1) For each muskellunge, northern pike, walleye, SB0902 Enrolled - 57 - LRB098 05139 MRW 35170 b 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.

(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 SB0902 Engrossed - 58 - LRB098 05139 MRW 35170 b or more, $4 for each pound or fraction of a pound of aquatic life.

(5) For goldeye, mooneye, carp, carpsuckers (all species), suckers (all species), redhorse (all species), SB0902 Enrolled - 58 - LRB098 05139 MRW 35170 b 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.

All SB0902 Engrossed - 59 - LRB098 05139 MRW 35170 b 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.

87-833.) SB0902 Enrolled - 59 - LRB098 05139 MRW 35170 b (515 ILCS 5/10-60) (from Ch.

Unless otherwise provided in this Code, snakes may be taken by the owners or SB0902 Engrossed - 60 - LRB098 05139 MRW 35170 b bonafide tenants of lands actually residing on the lands and their children, parents, brothers, and sisters actually permanently residing with them.

87-833.) SB0902 Enrolled - 60 - LRB098 05139 MRW 35170 b Section 900-10.

Section 5-20 of the Herptiles-Herps Act has SB0902 Engrossed - 61 - LRB098 05139 MRW 35170 b provisions for permits to acquire, breed, and sell captive, legally obtained endangered and threatened amphibians and reptiles.

84-1065.) SB0902 Enrolled - 61 - LRB098 05139 MRW 35170 b (520 ILCS 10/5) (from Ch.

The Department may also issue a limited permit authorizing the possession, purchase or SB0902 Engrossed - 62 - LRB098 05139 MRW 35170 b 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.

(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 SB0902 Enrolled - 62 - LRB098 05139 MRW 35170 b other cause.

Dangerous animal SB0902 Engrossed - 63 - LRB098 05139 MRW 35170 b does not mean any herptiles included in the Herptiles-Herps Act.

"Primate" means a nonhuman member of the order primate, SB0902 Enrolled - 63 - LRB098 05139 MRW 35170 b including but not limited to chimpanzee, gorilla, orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, and tarsier.

(1) This Section does not prohibit a person who had lawful possession of a primate before January 1, 2011, from SB0902 Engrossed - 64 - LRB098 05139 MRW 35170 b 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.

(2) This Section does not prohibit a person who is permanently disabled with a severe mobility impairment SB0902 Enrolled - 64 - LRB098 05139 MRW 35170 b from possessing a single capuchin monkey to assist the person in performing daily tasks if:

If the person moves to another locality within the SB0902 Engrossed - 65 - LRB098 05139 MRW 35170 b 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.

If there appears to be imminent danger to the public, any dangerous animal found not SB0902 Enrolled - 65 - LRB098 05139 MRW 35170 b in compliance with the provisions of this Section shall be subject to seizure and may immediately be placed in an approved facility.

Any corporation or partnership, any officer, director, manager or managerial agent of the partnership or corporation who violates this Section or causes SB0902 Engrossed - 66 - LRB098 05139 MRW 35170 b the partnership or corporation to violate this Section is guilty of a Class C misdemeanor.