Public Act 103-0490
 
SB1499 EnrolledLRB103 04557 HEP 49564 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, 3.03-1, 4.01, 4.03, 4.04, 6, or 7.1, or 7.15 
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, 3.03-1,
4.01, 4.03, 4.04, 
6, or 7.1, or 7.15 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 of or being placed on supervision for
violating 
Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, or 
7.1, or 7.15 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 convicted or placed on 
supervision to forfeit to an animal control or animal shelter

the animal
or animals that are the basis of the conviction or 
order for supervision.  Upon  an order of
forfeiture, the 
convicted person convicted or placed on supervision is deemed 
to have permanently
relinquished all rights to the animal or 
animals that are the basis of the
conviction or order for 
supervision, if not already.   The forfeited animal or animals 
shall be adopted or humanely
euthanized.  In no event may the 
convicted person convicted or placed on supervision, 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 convicted or 
placed on supervision, and persons
dwelling in the same 
household as the convicted person convicted or placed on 
supervision who conspired, aided, or
abetted in the
unlawful 
act that was the basis of the conviction or order for 
supervision, or who knew or should
have known of the unlawful 
act, may not own, possess, harbor, or have custody or
control 
of any other animals for a period of time that the court deems

reasonable, up to and including permanent relinquishment.

    (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. 
    (e) A person who violates the prohibition against owning, 
possessing, harboring, having custody, or having control of

animals is subject to immediate forfeiture of any animal

illegally owned in violation of subsection (c). A person who

owns, possesses, harbors, has custody, or has control of an

animal in violation of an order issued under subsection (c) is

also subject to the civil and criminal contempt power of the

court and, if found guilty of criminal contempt, may be

subject to imprisonment for not more than 90 days, a fine of 
not more than $2,500, or both. 
(Source: P.A. 102-114, eff. 1-1-22.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.