Public Act 099-0321
 
SB1735 EnrolledLRB099 08074 HAF 28220 b


  
    AN ACT concerning regulation.
  
 
    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, or 3.03 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. 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
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, or
4.01 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 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, or 3.03 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.  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 
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.

(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)