93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4893


 
Introduced 02/04/04, by Kevin Joyce
 
SYNOPSIS AS INTRODUCED:
 		
















510 ILCS 70/3.04




510 ILCS 70/3.05









    Amends the Humane Care for Animals Act.  Provides that the State's Attorney shall, at anytime prior to trial, file a "petition for forfeiture prior to trial" asking for permanent forfeiture of a seized companion animal (now within 14 days after seizure).  Eliminates a provision that states that a court may waive the posting of security in cases regarding companion animals and animals used for fighting purposes for good cause shown.  Effective January 1, 2005.
















LRB093 20195 RAS 45940 b

















 


 


A BILL FOR









 











HB4893

LRB093 20195 RAS 45940 b






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    AN ACT concerning  animals.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Humane Care for Animals Act is amended  by 
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changing Sections 3.04 and 3.05 as follows:
 



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    (510 ILCS 70/3.04)



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    Sec. 3.04. Arrests and seizures. 

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    (a) Any law enforcement officer making an arrest for an 
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offense involving
one or more companion animals under Section 
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3.01, 3.02, or 3.03 of this Act
may lawfully take possession of 
11
some or all of the companion animals in the
possession of the 
12
person arrested.  The officer, after taking possession of the

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companion animals, must file with the court before whom the 
14
complaint is made
against any person so arrested an affidavit 
15
stating the name of the person
charged in the complaint, a 
16
description of the condition of the companion
animal or 
17
companion animals taken, and the time and place the companion 
18
animal
or companion animals were taken, together with the name 
19
of the person from
whom the companion animal or companion 
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animals were taken and name of the
person who claims to own the 
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companion animal or companion animals if different
from the 
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person from whom the companion animal or companion animals were

23
seized.  He or she must at the same time deliver an inventory of 
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the companion
animal or companion animals taken to the court of 
25
competent jurisdiction.  The
officer must place the companion 
26
animal or companion animals in the custody of
an animal control 
27
or animal shelter and the agency must retain custody of the

28
companion animal or companion animals subject to an order of 
29
the court
adjudicating the charges on the merits and before 
30
which the person complained
against is required to appear for 
31
trial.  The State's Attorney shall, at anytime prior to trial

32
may, within 14
days after the seizure, file a "petition for 
 


 






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forfeiture prior to trial" before
the court having criminal 
2
jurisdiction over the alleged charges, asking for
permanent 
3
forfeiture of the companion animals seized.  The petition shall 
4
be
filed with the court, with copies served on the impounding 
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agency, the owner,
and anyone claiming an interest in the 
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animals.  In a "petition for forfeiture
prior to trial", the 
7
burden is on the prosecution to prove by a preponderance
of the 
8
evidence that the person arrested violated Section 3.01, 3.02, 
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3.03, or
4.01 of this Act or Section 26-5 of the Criminal Code 
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of 1961.

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    (b) An owner whose companion animal or companion animals 
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are removed by a
law enforcement officer under this Section 
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must be given written notice of
the circumstances of the 
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removal and of any legal remedies available to him
or her.  The 
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notice must be posted at the place of seizure, or delivered to

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a person residing at the place of seizure or, if the address of 
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the owner is
different from the address of the person from whom 
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the companion animal or
companion animals were seized, 
19
delivered by registered mail to his or her last
known address.

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(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)

 



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    (510 ILCS 70/3.05)



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    Sec. 3.05. Security for companion animals and animals used 
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for fighting
purposes.

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    (a) In the case of companion animals as defined in Section 
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2.01a or animals
used for fighting purposes in violation of 
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Section 4.01
of this Act or Section 26-5 of the Criminal Code 
27
of 1961, the animal
control or animal shelter having custody of 
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the animal or animals may file a
petition with the court 
29
requesting that the person from whom the animal or
animals are 
30
seized, or the owner of the animal or animals, be ordered to 
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post
security.  The security must be in an amount sufficient to 
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secure payment of
all reasonable expenses expected to be 
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incurred by the animal control or animal
shelter in caring for 
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and providing for the animal or animals pending the
disposition 
35
of the charges.  Reasonable expenses include, but are not 
 


 






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limited
to, estimated medical care and boarding of the animal 
2
or animals for 30 days.
The amount of the security shall be 
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determined by the court after taking into
consideration all of 
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the facts and circumstances of the case, including, but
not 
5
limited to, the recommendation of the impounding organization 
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having
custody and care of the seized animal or animals and the 
7
cost of caring for
the animal or animals.  If security has been 
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posted in accordance with this
Section, the animal control or 
9
animal shelter may draw from the security the
actual costs 
10
incurred by the agency in caring for the seized animal or 
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animals.

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    (b) Upon receipt of a petition, the court must set a 
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hearing on the
petition, to be conducted within 5 business days 
14
after the petition is filed.
The petitioner must serve a true 
15
copy of the petition upon the defendant and
the State's 
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Attorney for the county in which the animal or animals were 
17
seized.
 The petitioner must also serve a true copy of the 
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petition on any interested
person.  For the purposes of this 
19
subsection, "interested person" means an
individual, 
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partnership, firm, joint stock company, corporation, 
21
association,
trust, estate, or other legal entity that the 
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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 
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set a hearing date to determine any interested
parties.  The 
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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 
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security must be
posted with the clerk of the court within 5 
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business days after the hearing.
If the person ordered to post 
29
security does not do so, the animal or animals
are forfeited by 
30
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 
32
animal or animals
through adoption or must humanely euthanize 
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the animal.  In no event may the
defendant or any person 
34
residing in the defendant's household adopt the animal
or 
35
animals.

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    (d) The impounding organization may file a petition with 
 


 






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the court upon the
expiration of the 30-day period requesting 
2
the posting of additional security.
The court may order the 
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person from whom the animal or animals were seized, or
the 
4
owner of the animal or animals, to post additional security 
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with the
clerk of the court to secure payment of reasonable 
6
expenses for an additional
period of time pending a 
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determination by the court of the charges against the
person 
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from whom the animal or animals were seized.

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    (e) In no event may the security prevent the impounding 
10
organization having
custody and care of the animal or animals 
11
from disposing of the animal or
animals before the expiration 
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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 
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of the charges,
the person who posted the security is entitled 
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to a refund of the security, in
whole or in part, for any 
17
expenses not incurred by the impounding organization.

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    (f) Notwithstanding any other provision of this Section to 
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the contrary,
the court may order a person charged with any 
20
violation of this Act to provide
necessary food, water, 
21
shelter, and care for any animal or animals that are the
basis 
22
of the charge without the removal of the animal or animals from 
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their
existing location and until the charges against the 
24
person are adjudicated.
Until a final determination of the 
25
charges is made, any law enforcement
officer, animal control 
26
officer, Department investigator, or an approved humane

27
investigator may be authorized by an order of the court to make 
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regular visits
to the place where the animal or animals are 
29
being kept to ascertain if the
animal or animals are receiving 
30
necessary food, water, shelter, and care.
Nothing in this 
31
Section prevents any law enforcement officer, Department

32
investigator, or approved humane investigator from applying 
33
for a warrant under
this Section to seize any animal or animals 
34
being held by the person charged
pending the adjudication of 
35
the charges if it is determined that the animal or
animals are 
36
not receiving the necessary food, water, shelter, or care.

 


 






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    (g) Nothing in this Act shall be construed to prevent the 
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voluntary,
permanent relinquishment of any animal by its owner 
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to an animal
control or animal shelter in lieu of posting 
4
security or proceeding to a
forfeiture hearing.  Voluntary 
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relinquishment shall have no effect on the
criminal charges 
6
that may be pursued by the appropriate authorities.

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    (h) If an owner of a companion animal is acquitted by the 
8
court of charges
made pursuant to this Act, the court shall 
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further order that any security that
has been posted for the 
10
animal shall be returned to the owner by the impounding

11
organization.

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    (i) The provisions of this Section only pertain to 
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companion animals and
animals used for fighting purposes.

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(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)

 

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    Section 99. Effective date. This Act takes effect January 
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1, 2005.