Public Act 102-0114
 
HB0168 EnrolledLRB102 02655 CMG 12658 b


  
    AN ACT concerning animals.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Humane Care for Animals Act is amended  by 
changing Section 3.04 as follows:
 


    (510 ILCS 70/3.04)


    Sec. 3.04. Arrests and seizures; penalties. 

    (a) Any law enforcement officer making an arrest for an 
offense involving
one or more companion animals under Section  
3.01, 3.02, 3.03, 4.01, or 7.1 of this Act
may lawfully take 
possession of some or all of the companion animals in the

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
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
from the person from whom the companion animal or 
companion animals were
seized.  He or she must at the same time 
deliver an 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 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
the court 
having criminal jurisdiction over the alleged charges, asking 
for
permanent forfeiture of the companion 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,
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.

    (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

companion animals were seized, delivered by registered mail to 
his or her last
known address.

    (c) In addition to any other penalty provided by law, upon 
conviction for
violating Sections 3, 3.01, 3.02, 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 
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

control of any other animals for a period of time that the 
court deems
reasonable.

    (d) In addition to any other penalty, the court may order 
that a person and persons dwelling in the same household may 
not own, harbor, or have custody or control of any other animal 
if the person has been convicted of 2 or more of the following 
offenses: 
        (1) a violation of Section 3.02 of this Act; 
        (2) a violation of Section 4.01 of this Act; or
        (3) a violation of Section 48-1 of the Criminal Code 
    of 2012. 
(Source: P.A. 99-321, eff. 1-1-16; 100-504, eff. 6-1-18.)