Full Text of SB2847 99th General Assembly
SB2847sam001 99TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 3/16/2016
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| 1 | | AMENDMENT TO SENATE BILL 2847
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2847 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Humane Care for Animals Act is amended by | 5 | | changing Section 3.04 as follows:
| 6 | | (510 ILCS 70/3.04)
| 7 | | Sec. 3.04. Arrests and seizures; penalties.
| 8 | | (a) Any law enforcement officer making an arrest for an | 9 | | offense involving
one or more companion animals under Section | 10 | | 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
| 13 | | 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 |
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| 1 | | companion animals taken, and the time and place the companion | 2 | | animal
or companion animals were taken, together with the name | 3 | | of the person from
whom the companion animal or companion | 4 | | animals were taken and name of the
person who claims to own the | 5 | | companion animal or companion animals if different
from the | 6 | | person from whom the companion animal or companion animals were
| 7 | | seized. He or she must at the same time deliver an inventory of | 8 | | the companion
animal or companion animals taken to the court of | 9 | | competent jurisdiction. The
officer must place the companion | 10 | | animal or companion animals in the custody of
an animal control | 11 | | or animal shelter and the agency must retain custody of the
| 12 | | companion animal or companion animals subject to an order of | 13 | | the court
adjudicating the charges on the merits and before | 14 | | which the person complained
against is required to appear for | 15 | | trial. If the animal control or animal shelter owns no facility | 16 | | capable of housing the companion animals, has no space to house | 17 | | the companion animals, or is otherwise unable to house the | 18 | | companion animals or the health or condition of the animals | 19 | | prevents their removal, the animals shall be impounded at the | 20 | | site of the violation pursuant to a court order authorizing the | 21 | | impoundment, provided that the person charged is an owner of | 22 | | the property. Employees or agents of the animal control or | 23 | | animal shelter or law enforcement shall have the authority to | 24 | | access the on-site impoundment property for the limited purpose | 25 | | of providing care and veterinary treatment for the impounded | 26 | | animals and ensuring their well-being and safety. For an |
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| 1 | | on-site impoundment, a petition for posting of security may be | 2 | | filed under Section 3.05 of this Act. Disposition of the | 3 | | animals shall be controlled by Section 3.06 of this Act. If, | 4 | | upon seizure of the companion animal and the filing of charges, | 5 | | the person complained against refuses to relinquish the | 6 | | companion animal, the court having criminal jurisdiction over | 7 | | the alleged charges shall schedule a hearing on the disposition | 8 | | of the companion animal. The hearing shall be held within 30 | 9 | | days after the companion animal's seizure. At the hearing, the | 10 | | State's Attorney shall ask for permanent forfeiture of the | 11 | | companion animal seized. Notice of the hearing shall be served | 12 | | on the impounding agency, the owner, and anyone claiming an | 13 | | interest in the companion animal. At the hearing for forfeiture | 14 | | prior to trial The State's Attorney may, within 14
days after | 15 | | the seizure, file a "petition for forfeiture prior to trial" | 16 | | before
the court having criminal jurisdiction over the alleged | 17 | | charges, asking for
permanent forfeiture of the companion | 18 | | animals seized. The petition shall be
filed with the court, | 19 | | with copies served on the impounding agency, the owner,
and | 20 | | anyone claiming an interest in the animals. In a "petition for | 21 | | forfeiture
prior to trial" , the burden is on the prosecution to | 22 | | prove by a preponderance
of the evidence that the person | 23 | | arrested violated Section 3.01, 3.02, 3.03, or
4.01 of this Act | 24 | | or Section 26-5 or 48-1 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012. If the prosecution fails to meet this | 26 | | burden, the court shall order the owner to post security |
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| 1 | | pursuant to Section 3.05.
| 2 | | (b) An owner whose companion animal or companion animals | 3 | | are removed by a
law enforcement officer under this Section | 4 | | must be given written notice of
the circumstances of the | 5 | | removal and of any legal remedies available to him
or her. The | 6 | | notice must be posted at the place of seizure, or delivered to
| 7 | | a person residing at the place of seizure or, if the address of | 8 | | the owner is
different from the address of the person from whom | 9 | | the companion animal or
companion animals were seized, | 10 | | delivered by registered mail to his or her last
known address.
| 11 | | (c) In addition to any other penalty provided by law, upon | 12 | | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | 13 | | court may order the convicted
person to forfeit to an animal | 14 | | control or animal shelter
the animal
or animals that are the | 15 | | basis of the conviction. Upon an order of
forfeiture, the | 16 | | convicted person is deemed to have permanently
relinquished all | 17 | | rights to the animal or animals that are the basis of the
| 18 | | conviction. The forfeited animal or animals shall be adopted or | 19 | | humanely
euthanized. In no event may the convicted person or | 20 | | anyone residing in
his or her household be permitted to adopt | 21 | | the forfeited animal or animals.
The court, additionally, may | 22 | | order that the convicted person and persons
dwelling in the | 23 | | same household as the convicted person who conspired, aided, or
| 24 | | abetted in the
unlawful act that was the basis of the | 25 | | conviction, or who knew or should
have known of the unlawful | 26 | | act, may not own, harbor, or have custody or
control of any |
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| 1 | | other animals for a period of time that the court deems
| 2 | | reasonable.
| 3 | | (Source: P.A. 99-321, eff. 1-1-16 .)".
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