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Public Act 100-0504
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| HB2810 Enrolled | LRB100 10495 SLF 20709 b |
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Humane Care for Animals Act is amended by |
changing Sections 3.04, 3.05, and 4 as follows:
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(510 ILCS 70/3.04)
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Sec. 3.04. Arrests and seizures; penalties.
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(a) Any law enforcement officer making an arrest for an |
offense involving
one or more companion animals under Section |
3.01, 3.02, or 3.03, 4.01, or 7.1 of this Act
may lawfully take |
possession of some or all of the companion animals in the
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possession of the person arrested. The officer, after taking |
possession of the
companion animals, must file with the court |
before whom the complaint is made
against any person so |
arrested an affidavit stating the name of the person
charged in |
the complaint, a description of the condition of the companion
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animal or companion animals taken, and the time and place the |
companion animal
or companion animals were taken, together with |
the name of the person from
whom the companion animal or |
companion animals were taken and name of the
person who claims |
to own the companion animal or companion animals if different
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from the person from whom the companion animal or companion |
animals were
seized. He or she must at the same time deliver an |
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inventory of the companion
animal or companion animals taken to |
the court of competent jurisdiction. The
officer must place the |
companion animal or companion animals in the custody of
an |
animal control or animal shelter and the agency must retain |
custody of the
companion animal or companion animals subject to |
an order of the court
adjudicating the charges on the merits |
and before which the person complained
against is required to |
appear for trial. If the animal control or animal shelter owns |
no facility capable of housing the companion animals, has no |
space to house the companion animals, or is otherwise unable to |
house the companion animals or the health or condition of the |
animals prevents their removal, the animals shall be impounded |
at the site of the violation pursuant to a court order |
authorizing the impoundment, provided that the person charged |
is an owner of the property. Employees or agents of the animal |
control or animal shelter or law enforcement shall have the |
authority to access the on-site impoundment property for the |
limited purpose of providing care and veterinary treatment for |
the impounded animals and ensuring their well-being and safety. |
Upon For an on-site impoundment, a petition for posting of |
security may be filed under Section 3.05 of this Act. |
Disposition of the animals shall be controlled by Section 3.06 |
of this Act. The State's Attorney may, within 14
days after the |
seizure, file a "petition for forfeiture prior to trial" before
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the court having criminal jurisdiction over the alleged |
charges, asking for
permanent forfeiture of the companion |
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animals seized. The petition shall be
filed with the court, |
with copies served on the impounding agency, the owner,
and |
anyone claiming an interest in the animals. In a "petition for |
forfeiture
prior to trial", the burden is on the prosecution to |
prove by a preponderance
of the evidence that the person |
arrested violated Section 3.01, 3.02, 3.03, or
4.01, or 7.1 of |
this Act or Section 26-5 or 48-1 of the Criminal Code of 1961 |
or the Criminal Code of 2012.
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(b) An owner whose companion animal or companion animals |
are removed by a
law enforcement officer under this Section |
must be given written notice of
the circumstances of the |
removal and of any legal remedies available to him
or her. The |
notice must be delivered in person, posted at the place of |
seizure, or delivered to
a person residing at the place of |
seizure or, if the address of the owner is
different from the |
address of the person from whom the companion animal or
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companion animals were seized, delivered by registered mail to |
his or her last
known address.
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(c) In addition to any other penalty provided by law, upon |
conviction for
violating Sections 3, 3.01, 3.02, or 3.03, 4.01, |
or 7.1 of this Act or Section 26-5 or 48-1 of the Criminal Code |
of 1961 or the Criminal Code of 2012, the court may order the |
convicted
person to forfeit to an animal control or animal |
shelter
the animal
or animals that are the basis of the |
conviction. Upon an order of
forfeiture, the convicted person |
is deemed to have permanently
relinquished all rights to the |
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animal or animals that are the basis of the
conviction, if not |
already. The forfeited animal or animals shall be adopted or |
humanely
euthanized. In no event may the convicted person or |
anyone residing in
his or her household be permitted to adopt |
or otherwise possess the forfeited animal or animals.
The |
court, additionally, may order that the convicted person and |
persons
dwelling in the same household as the convicted person |
who conspired, aided, or
abetted in the
unlawful act that was |
the basis of the conviction, or who knew or should
have known |
of the unlawful act, may not own, harbor, or have custody or
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control of any other animals for a period of time that the |
court deems
reasonable.
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(Source: P.A. 99-321, eff. 1-1-16.)
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(510 ILCS 70/3.05)
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Sec. 3.05. Security for companion animals and animals used |
for fighting
purposes. |
(a) In the case of companion animals as defined in Section |
2.01a or animals
used for fighting purposes in violation of |
Section 4.01
of this Act or Section 26-5 or 48-1 of the |
Criminal Code of 1961 or the Criminal Code of 2012 or a |
violation of 3.01, 3.02, 3.03, or 7.1 of this Act, the animal
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control or animal shelter having custody of the animal or |
animals may file a
petition with the court requesting that the |
person from whom the animal or
animals are seized, or the owner |
of the animal or animals, be ordered to post
security. The |
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security must be in an amount sufficient to secure payment of
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all reasonable expenses expected to be incurred by the animal |
control or animal
shelter in caring for and providing for the |
animal or animals pending the
disposition of the charges. |
Reasonable expenses include, but are not limited
to, estimated |
medical care and boarding of the animal or animals for 30 days.
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The amount of the security shall be determined by the court |
after taking into
consideration all of the facts and |
circumstances of the case, including, but
not limited to, the |
recommendation of the impounding organization having
custody |
and care of the seized animal or animals and the cost of caring |
for
the animal or animals. If security has been posted in |
accordance with this
Section, the animal control or animal |
shelter may draw from the security the
actual costs incurred by |
the agency in caring for the seized animal or animals.
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(b) Upon receipt of a petition, the court must set a |
hearing on the
petition, to be conducted within 5 business days |
after the petition is filed.
The petitioner must serve a true |
copy of the petition upon the defendant and
the State's |
Attorney for the county in which the animal or animals were |
seized.
The petitioner must also serve a true copy of the |
petition on any interested
person. For the purposes of this |
subsection, "interested person" means an
individual, |
partnership, firm, joint stock company, corporation, |
association,
trust, estate, or other legal entity that the |
court determines may have a
pecuniary interest in the animal or |
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animals that are the subject of the
petition. The court must |
set a hearing date to determine any interested
parties. The |
court may waive for good cause shown the posting of security.
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(c) If the court orders the posting of security, the |
security must be
posted with the clerk of the court within 5 |
business days after the hearing.
If the person ordered to post |
security does not do so, the animal or animals
are forfeited by |
operation of law and the animal control or animal shelter
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having control of the animal or animals must dispose of the |
animal or animals
through adoption or must humanely euthanize |
the animal. In no event may the
defendant or any person |
residing in the defendant's household adopt the animal
or |
animals.
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(d) The impounding organization may file a petition with |
the court upon the
expiration of the 30-day period requesting |
the posting of additional security.
The court may order the |
person from whom the animal or animals were seized, or
the |
owner of the animal or animals, to post additional security |
with the
clerk of the court to secure payment of reasonable |
expenses for an additional
period of time pending a |
determination by the court of the charges against the
person |
from whom the animal or animals were seized.
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(e) In no event may the security prevent the impounding |
organization having
custody and care of the animal or animals |
from disposing of the animal or
animals before the expiration |
of the 30-day period covered by the security if
the court makes |
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a final determination of the charges against the person from
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whom the animal or animals were seized. Upon the adjudication |
of the charges,
the person who posted the security is entitled |
to a refund of the security, in
whole or in part, for any |
expenses not incurred by the impounding organization.
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(f) Notwithstanding any other provision of this Section to |
the contrary,
the court may order a person charged with any |
violation of this Act to provide
necessary food, water, |
shelter, and care for any animal or animals that are the
basis |
of the charge without the removal of the animal or animals from |
their
existing location and until the charges against the |
person are adjudicated.
Until a final determination of the |
charges is made, any law enforcement
officer, animal control |
officer, Department investigator, or an approved humane
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investigator may be authorized by an order of the court to make |
regular visits
to the place where the animal or animals are |
being kept to ascertain if the
animal or animals are receiving |
necessary food, water, shelter, and care.
Nothing in this |
Section prevents any law enforcement officer, Department
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investigator, or approved humane investigator from applying |
for a warrant under
this Section to seize any animal or animals |
being held by the person charged
pending the adjudication of |
the charges if it is determined that the animal or
animals are |
not receiving the necessary food, water, shelter, or care.
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(g) Nothing in this Act shall be construed to prevent the |
voluntary,
permanent relinquishment of any animal by its owner |
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to an animal
control or animal shelter in lieu of posting |
security or proceeding to a
forfeiture hearing. Voluntary |
relinquishment shall have no effect on the
criminal charges |
that may be pursued by the appropriate authorities.
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(h) If an owner of a companion animal is acquitted by the |
court of charges
made pursuant to this Act, the court shall |
further order that any security that
has been posted for the |
animal shall be returned to the owner by the impounding
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organization.
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(i) The provisions of this Section only pertain to |
companion animals and
animals used for fighting purposes.
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(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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(510 ILCS 70/4) (from Ch. 8, par. 704)
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Sec. 4. Prohibited acts. No person may sell, offer for |
sale, barter,
or give away as a pet or a novelty any rabbit or |
any baby chick, duckling or
other fowl which has been dyed, |
colored, or otherwise treated to impart an
artificial color |
thereto. Baby chicks or ducklings shall not be sold, offered
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for sale, bartered, or given away as pets or novelties. |
Rabbits, ducklings
or baby chicks shall not be awarded as |
prizes.
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No person may allow for the adoption, transfer, sale, offer |
for sale, barter, or give away any animal forfeited or |
relinquished under Section 3.04 or 3.05 of this Act to the |
person who forfeited the animal or a person residing in that |