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.)