Full Text of HB4195 98th General Assembly
HB4195 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4195 Introduced , by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED: |
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Amends the Humane Care for Animals Act. Provides that upon conviction of improper care, cruel treatment, aggravated cruelty, or animal torture, the court shall order the convicted person to forfeit to an animal control or animal shelter
the animal
or animals that are the basis of the conviction. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 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 | 20 | | animals were taken and name of the
person who claims to own the | 21 | | companion animal or companion animals if different
from the | 22 | | 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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| 1 | | the companion
animal or companion animals taken to the court of | 2 | | competent jurisdiction. The
officer must place the companion | 3 | | animal or companion animals in the custody of
an animal control | 4 | | or animal shelter and the agency must retain custody of the
| 5 | | companion animal or companion animals subject to an order of | 6 | | the court
adjudicating the charges on the merits and before | 7 | | which the person complained
against is required to appear for | 8 | | trial. The State's Attorney may, within 14
days after the | 9 | | seizure, file a "petition for forfeiture prior to trial" before
| 10 | | the court having criminal jurisdiction over the alleged | 11 | | charges, asking for
permanent forfeiture of the companion | 12 | | animals seized. The petition shall be
filed with the court, | 13 | | with copies served on the impounding agency, the owner,
and | 14 | | anyone claiming an interest in the animals. In a "petition for | 15 | | forfeiture
prior to trial", the burden is on the prosecution to | 16 | | prove by a preponderance
of the evidence that the person | 17 | | arrested violated Section 3.01, 3.02, 3.03, or
4.01 of this Act | 18 | | or Section 26-5 or 48-1 of the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012.
| 20 | | (b) An owner whose companion animal or companion animals | 21 | | are removed by a
law enforcement officer under this Section | 22 | | must be given written notice of
the circumstances of the | 23 | | removal and of any legal remedies available to him
or her. The | 24 | | notice must be posted at the place of seizure, or delivered to
| 25 | | a person residing at the place of seizure or, if the address of | 26 | | the owner is
different from the address of the person from whom |
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| 1 | | the companion animal or
companion animals were seized, | 2 | | delivered by registered mail to his or her last
known address.
| 3 | | (c) In addition to any other penalty provided by law, upon | 4 | | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | 5 | | court shall may order the convicted
person to forfeit to an | 6 | | animal control or animal shelter
the animal
or animals that are | 7 | | the basis of the conviction. Upon an order of
forfeiture, the | 8 | | convicted person is deemed to have permanently
relinquished all | 9 | | rights to the animal or animals that are the basis of the
| 10 | | conviction. 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 | | the forfeited animal or animals.
The court, additionally, may | 14 | | order that the convicted person and persons
dwelling in the | 15 | | same household as the convicted person who conspired, aided, or
| 16 | | abetted in the
unlawful act that was the basis of the | 17 | | conviction, or who knew or should
have known of the unlawful | 18 | | act, may not own, harbor, or have custody or
control of any | 19 | | other animals for a period of time that the court deems
| 20 | | reasonable.
| 21 | | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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