Illinois General Assembly - Full Text of HB0168
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Full Text of HB0168  102nd General Assembly

HB0168eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0168 EngrossedLRB102 02655 CMG 12658 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Humane Care for Animals Act is amended by
5changing 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
9offense involving one or more companion animals under Section
103.01, 3.02, 3.03, 4.01, or 7.1 of this Act may lawfully take
11possession of some or all of the companion animals in the
12possession of the person arrested. The officer, after taking
13possession of the companion animals, must file with the court
14before whom the complaint is made against any person so
15arrested an affidavit stating the name of the person charged
16in the complaint, a description of the condition of the
17companion animal or companion animals taken, and the time and
18place the companion animal or companion animals were taken,
19together with the name of the person from whom the companion
20animal or companion animals were taken and name of the person
21who claims to own the companion animal or companion animals if
22different from the person from whom the companion animal or
23companion animals were seized. He or she must at the same time

 

 

HB0168 Engrossed- 2 -LRB102 02655 CMG 12658 b

1deliver an inventory of the companion animal or companion
2animals taken to the court of competent jurisdiction. The
3officer must place the companion animal or companion animals
4in the custody of an animal control or animal shelter and the
5agency must retain custody of the companion animal or
6companion animals subject to an order of the court
7adjudicating the charges on the merits and before which the
8person complained against is required to appear for trial. If
9the animal control or animal shelter owns no facility capable
10of housing the companion animals, has no space to house the
11companion animals, or is otherwise unable to house the
12companion animals or the health or condition of the animals
13prevents their removal, the animals shall be impounded at the
14site of the violation pursuant to a court order authorizing
15the impoundment, provided that the person charged is an owner
16of the property. Employees or agents of the animal control or
17animal shelter or law enforcement shall have the authority to
18access the on-site impoundment property for the limited
19purpose of providing care and veterinary treatment for the
20impounded animals and ensuring their well-being and safety.
21Upon impoundment, a petition for posting of security may be
22filed under Section 3.05 of this Act. Disposition of the
23animals shall be controlled by Section 3.06 of this Act. The
24State's Attorney may, within 14 days after the seizure, file a
25"petition for forfeiture prior to trial" before the court
26having criminal jurisdiction over the alleged charges, asking

 

 

HB0168 Engrossed- 3 -LRB102 02655 CMG 12658 b

1for permanent forfeiture of the companion animals seized. The
2petition shall be filed with the court, with copies served on
3the impounding agency, the owner, and anyone claiming an
4interest in the animals. In a "petition for forfeiture prior
5to trial", the burden is on the prosecution to prove by a
6preponderance of the evidence that the person arrested
7violated Section 3.01, 3.02, 3.03, 4.01, or 7.1 of this Act or
8Section 26-5 or 48-1 of the Criminal Code of 1961 or the
9Criminal Code of 2012.
10    (b) An owner whose companion animal or companion animals
11are removed by a law enforcement officer under this Section
12must be given written notice of the circumstances of the
13removal and of any legal remedies available to him or her. The
14notice must be delivered in person, posted at the place of
15seizure, or delivered to a person residing at the place of
16seizure or, if the address of the owner is different from the
17address of the person from whom the companion animal or
18companion animals were seized, delivered by registered mail to
19his or her last known address.
20    (c) In addition to any other penalty provided by law, upon
21conviction for violating Sections 3, 3.01, 3.02, 3.03, 4.01,
22or 7.1 of this Act or Section 26-5 or 48-1 of the Criminal Code
23of 1961 or the Criminal Code of 2012, the court may order the
24convicted person to forfeit to an animal control or animal
25shelter the animal or animals that are the basis of the
26conviction. Upon an order of forfeiture, the convicted person

 

 

HB0168 Engrossed- 4 -LRB102 02655 CMG 12658 b

1is deemed to have permanently relinquished all rights to the
2animal or animals that are the basis of the conviction, if not
3already. The forfeited animal or animals shall be adopted or
4humanely euthanized. In no event may the convicted person or
5anyone residing in his or her household be permitted to adopt
6or otherwise possess the forfeited animal or animals. The
7court, additionally, may order that the convicted person and
8persons dwelling in the same household as the convicted person
9who conspired, aided, or abetted in the unlawful act that was
10the basis of the conviction, or who knew or should have known
11of the unlawful act, may not own, harbor, or have custody or
12control of any other animals for a period of time that the
13court deems reasonable.
14    (d) In addition to any other penalty, the court may order
15that a person and persons dwelling in the same household may
16not own, harbor, or have custody or control of any other animal
17if the person has been convicted of 2 or more of the following
18offenses:
19        (1) a violation of Section 3.02 of this Act;
20        (2) a violation of Section 4.01 of this Act; or
21        (3) a violation of Section 48-1 of the Criminal Code
22    of 2012.
23(Source: P.A. 99-321, eff. 1-1-16; 100-504, eff. 6-1-18.)