Full Text of HB2810 100th General Assembly
HB2810ham002 100TH GENERAL ASSEMBLY | Rep. Ryan Spain Filed: 4/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2810
| 2 | | AMENDMENT NO. ______. Amend House Bill 2810, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Humane Care for Animals Act is amended by | 6 | | changing Sections 3.04, 3.05, and 4 as follows:
| 7 | | (510 ILCS 70/3.04)
| 8 | | Sec. 3.04. Arrests and seizures; penalties.
| 9 | | (a) Any law enforcement officer making an arrest for an | 10 | | offense involving
one or more companion animals under Section | 11 | | 3.01, 3.02, or 3.03 , 4.01, or 7.1 of this Act
may lawfully take | 12 | | possession of some or all of the companion animals in the
| 13 | | possession of the person arrested. The officer, after taking | 14 | | possession of the
companion animals, must file with the court | 15 | | before whom the complaint is made
against any person so | 16 | | arrested an affidavit stating the name of the person
charged in |
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| 1 | | the complaint, a description of the condition of the companion
| 2 | | animal or companion animals taken, and the time and place the | 3 | | companion animal
or companion animals were taken, together with | 4 | | the name of the person from
whom the companion animal or | 5 | | companion animals were taken and name of the
person who claims | 6 | | to own the companion animal or companion animals if different
| 7 | | from the person from whom the companion animal or companion | 8 | | animals were
seized. He or she must at the same time deliver an | 9 | | inventory of the companion
animal or companion animals taken to | 10 | | the court of competent jurisdiction. The
officer must place the | 11 | | companion animal or companion animals in the custody of
an | 12 | | animal control or animal shelter and the agency must retain | 13 | | custody of the
companion animal or companion animals subject to | 14 | | an order of the court
adjudicating the charges on the merits | 15 | | and before which the person complained
against is required to | 16 | | appear for trial. If the animal control or animal shelter owns | 17 | | no facility capable of housing the companion animals, has no | 18 | | space to house the companion animals, or is otherwise unable to | 19 | | house the companion animals or the health or condition of the | 20 | | animals prevents their removal, the animals shall be impounded | 21 | | at the site of the violation pursuant to a court order | 22 | | authorizing the impoundment, provided that the person charged | 23 | | is an owner of the property. Employees or agents of the animal | 24 | | control or animal shelter or law enforcement shall have the | 25 | | authority to access the on-site impoundment property for the | 26 | | limited purpose of providing care and veterinary treatment for |
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| 1 | | the impounded animals and ensuring their well-being and safety. | 2 | | Upon For an on-site impoundment, a petition for posting of | 3 | | security may be filed under Section 3.05 of this Act. | 4 | | Disposition of the animals shall be controlled by Section 3.06 | 5 | | of this Act. The State's Attorney may, within 14
days after the | 6 | | seizure, file a "petition for forfeiture prior to trial" before
| 7 | | the court having criminal jurisdiction over the alleged | 8 | | charges, asking for
permanent forfeiture of the companion | 9 | | animals seized. The petition shall be
filed with the court, | 10 | | with copies served on the impounding agency, the owner,
and | 11 | | anyone claiming an interest in the animals. In a "petition for | 12 | | forfeiture
prior to trial", the burden is on the prosecution to | 13 | | prove by a preponderance
of the evidence that the person | 14 | | arrested violated Section 3.01, 3.02, 3.03, or
4.01 , or 7.1 of | 15 | | this Act or Section 26-5 or 48-1 of the Criminal Code of 1961 | 16 | | or the Criminal Code of 2012.
| 17 | | (b) An owner whose companion animal or companion animals | 18 | | are removed by a
law enforcement officer under this Section | 19 | | must be given written notice of
the circumstances of the | 20 | | removal and of any legal remedies available to him
or her. The | 21 | | notice must be delivered in person, posted at the place of | 22 | | seizure, or delivered to
a person residing at the place of | 23 | | seizure or, if the address of the owner is
different from the | 24 | | address of the person from whom the companion animal or
| 25 | | companion animals were seized, delivered by registered mail to | 26 | | his or her last
known address.
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| 1 | | (c) In addition to any other penalty provided by law, upon | 2 | | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 , 4.01, | 3 | | or 7.1 of this Act or Section 26-5 or 48-1 of the Criminal Code | 4 | | of 1961 or the Criminal Code of 2012, the court may order the | 5 | | convicted
person to forfeit to an animal control or animal | 6 | | shelter
the animal
or animals that are the basis of the | 7 | | conviction. Upon an order of
forfeiture, the convicted person | 8 | | is deemed to have permanently
relinquished all rights to the | 9 | | animal or animals that are the basis of the
conviction , if not | 10 | | already . The forfeited animal or animals shall be adopted or | 11 | | humanely
euthanized. In no event may the convicted person or | 12 | | anyone residing in
his or her household be permitted to adopt | 13 | | or otherwise possess the forfeited animal or animals.
The | 14 | | court, additionally, may order that the convicted person and | 15 | | persons
dwelling in the same household as the convicted person | 16 | | who conspired, aided, or
abetted in the
unlawful act that was | 17 | | the basis of the conviction, or who knew or should
have known | 18 | | of the unlawful act, may not own, harbor, or have custody or
| 19 | | control of any other animals for a period of time that the | 20 | | court deems
reasonable.
| 21 | | (Source: P.A. 99-321, eff. 1-1-16 .)
| 22 | | (510 ILCS 70/3.05)
| 23 | | Sec. 3.05. Security for companion animals and animals used | 24 | | for fighting
purposes. | 25 | | (a) In the case of companion animals as defined in Section |
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| 1 | | 2.01a or animals
used for fighting purposes in violation of | 2 | | Section 4.01
of this Act or Section 26-5 or 48-1 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012 or a | 4 | | violation of 3.01, 3.02, 3.03, or 7.1 of this Act , the animal
| 5 | | control or animal shelter having custody of the animal or | 6 | | animals may file a
petition with the court requesting that the | 7 | | person from whom the animal or
animals are seized, or the owner | 8 | | of the animal or animals, be ordered to post
security. The | 9 | | security must be in an amount sufficient to secure payment of
| 10 | | all reasonable expenses expected to be incurred by the animal | 11 | | control or animal
shelter in caring for and providing for the | 12 | | animal or animals pending the
disposition of the charges. | 13 | | Reasonable expenses include, but are not limited
to, estimated | 14 | | medical care and boarding of the animal or animals for 30 days.
| 15 | | The amount of the security shall be determined by the court | 16 | | after taking into
consideration all of the facts and | 17 | | circumstances of the case, including, but
not limited to, the | 18 | | recommendation of the impounding organization having
custody | 19 | | and care of the seized animal or animals and the cost of caring | 20 | | for
the animal or animals. If security has been posted in | 21 | | accordance with this
Section, the animal control or animal | 22 | | shelter may draw from the security the
actual costs incurred by | 23 | | the agency in caring for the seized animal or animals.
| 24 | | (b) Upon receipt of a petition, the court must set a | 25 | | hearing on the
petition, to be conducted within 5 business days | 26 | | after the petition is filed.
The petitioner must serve a true |
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| 1 | | copy of the petition upon the defendant and
the State's | 2 | | Attorney for the county in which the animal or animals were | 3 | | seized.
The petitioner must also serve a true copy of the | 4 | | petition on any interested
person. For the purposes of this | 5 | | subsection, "interested person" means an
individual, | 6 | | partnership, firm, joint stock company, corporation, | 7 | | association,
trust, estate, or other legal entity that the | 8 | | court determines may have a
pecuniary interest in the animal or | 9 | | animals that are the subject of the
petition. The court must | 10 | | set a hearing date to determine any interested
parties. The | 11 | | court may waive for good cause shown the posting of security.
| 12 | | (c) If the court orders the posting of security, the | 13 | | security must be
posted with the clerk of the court within 5 | 14 | | business days after the hearing.
If the person ordered to post | 15 | | security does not do so, the animal or animals
are forfeited by | 16 | | operation of law and the animal control or animal shelter
| 17 | | having control of the animal or animals must dispose of the | 18 | | animal or animals
through adoption or must humanely euthanize | 19 | | the animal. In no event may the
defendant or any person | 20 | | residing in the defendant's household adopt the animal
or | 21 | | animals.
| 22 | | (d) The impounding organization may file a petition with | 23 | | the court upon the
expiration of the 30-day period requesting | 24 | | the posting of additional security.
The court may order the | 25 | | person from whom the animal or animals were seized, or
the | 26 | | owner of the animal or animals, to post additional security |
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| 1 | | with the
clerk of the court to secure payment of reasonable | 2 | | expenses for an additional
period of time pending a | 3 | | determination by the court of the charges against the
person | 4 | | from whom the animal or animals were seized.
| 5 | | (e) In no event may the security prevent the impounding | 6 | | organization having
custody and care of the animal or animals | 7 | | from disposing of the animal or
animals before the expiration | 8 | | of the 30-day period covered by the security if
the court makes | 9 | | a final determination of the charges against the person from
| 10 | | whom the animal or animals were seized. Upon the adjudication | 11 | | of the charges,
the person who posted the security is entitled | 12 | | to a refund of the security, in
whole or in part, for any | 13 | | expenses not incurred by the impounding organization.
| 14 | | (f) Notwithstanding any other provision of this Section to | 15 | | the contrary,
the court may order a person charged with any | 16 | | violation of this Act to provide
necessary food, water, | 17 | | shelter, and care for any animal or animals that are the
basis | 18 | | of the charge without the removal of the animal or animals from | 19 | | their
existing location and until the charges against the | 20 | | person are adjudicated.
Until a final determination of the | 21 | | charges is made, any law enforcement
officer, animal control | 22 | | officer, Department investigator, or an approved humane
| 23 | | investigator may be authorized by an order of the court to make | 24 | | regular visits
to the place where the animal or animals are | 25 | | being kept to ascertain if the
animal or animals are receiving | 26 | | necessary food, water, shelter, and care.
Nothing in this |
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| 1 | | Section prevents any law enforcement officer, Department
| 2 | | investigator, or approved humane investigator from applying | 3 | | for a warrant under
this Section to seize any animal or animals | 4 | | being held by the person charged
pending the adjudication of | 5 | | the charges if it is determined that the animal or
animals are | 6 | | not receiving the necessary food, water, shelter, or care.
| 7 | | (g) Nothing in this Act shall be construed to prevent the | 8 | | voluntary,
permanent relinquishment of any animal by its owner | 9 | | to an animal
control or animal shelter in lieu of posting | 10 | | security or proceeding to a
forfeiture hearing. Voluntary | 11 | | relinquishment shall have no effect on the
criminal charges | 12 | | that may be pursued by the appropriate authorities.
| 13 | | (h) If an owner of a companion animal is acquitted by the | 14 | | court of charges
made pursuant to this Act, the court shall | 15 | | further order that any security that
has been posted for the | 16 | | animal shall be returned to the owner by the impounding
| 17 | | organization.
| 18 | | (i) The provisions of this Section only pertain to | 19 | | companion animals and
animals used for fighting purposes.
| 20 | | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 21 | | (510 ILCS 70/4) (from Ch. 8, par. 704)
| 22 | | Sec. 4. Prohibited acts. No person may sell, offer for | 23 | | sale, barter,
or give away as a pet or a novelty any rabbit or | 24 | | any baby chick, duckling or
other fowl which has been dyed, | 25 | | colored, or otherwise treated to impart an
artificial color |
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| 1 | | thereto. Baby chicks or ducklings shall not be sold, offered
| 2 | | for sale, bartered, or given away as pets or novelties. | 3 | | Rabbits, ducklings
or baby chicks shall not be awarded as | 4 | | prizes.
| 5 | | No person may allow for the adoption, transfer, sale, offer | 6 | | for sale, barter, or give away as a pet a dog or cat forfeited | 7 | | or relinquished under Section 3.04 or 3.05 of this Act to the | 8 | | person who forfeited the animal or a person residing in that | 9 | | person's household. | 10 | | A person convicted of violating this Section is guilty of a | 11 | | Class B
misdemeanor. A second or subsequent violation is a | 12 | | Class 4 felony, with
every day that a violation continues | 13 | | constituting a separate offense.
| 14 | | (Source: P.A. 92-650, eff. 7-11-02.)".
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