Full Text of HB4630 103rd General Assembly
HB4630 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4630 Introduced 1/31/2024, by Rep. Wayne A Rosenthal and Ryan Spain SYNOPSIS AS INTRODUCED: | | | Amends the Humane Care for Animals Act. Provides that a law enforcement officer who arrests the owner of a companion animal for a violation of the owner's duties may lawfully take possession of some or all of the companion animals in the possession of the owner. Allows a State's Attorney 30 days (rather than 14 days) after seizure of a companion animal to file a petition for forfeiture prior to trial, asking for permanent forfeiture of the companion animals seized. |
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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, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, 7.1, or 7.15 | 11 | | of this Act may lawfully take possession of some or all of the | 12 | | companion animals in the possession of the person arrested. | 13 | | The officer, after taking possession of the companion animals, | 14 | | must file with the court before whom the complaint is made | 15 | | against any person so arrested an affidavit stating the name | 16 | | of the person charged in the complaint, a description of the | 17 | | condition of the companion animal or companion animals taken, | 18 | | and the time and place the companion animal or companion | 19 | | animals were taken, together with the name of the person from | 20 | | whom the companion animal or companion animals were taken and | 21 | | name of the person who claims to own the companion animal or | 22 | | companion animals if different from the person from whom the | 23 | | companion animal or companion animals were seized. He or she |
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| 1 | | must at the same time deliver an inventory of the companion | 2 | | animal or companion animals taken to the court of competent | 3 | | jurisdiction. The officer must place the companion animal or | 4 | | companion animals in the custody of an animal control or | 5 | | animal shelter and the agency must retain custody of the | 6 | | companion animal or companion animals subject to an order of | 7 | | the court adjudicating the charges on the merits and before | 8 | | which the person complained against is required to appear for | 9 | | trial. If the animal control or animal shelter owns no | 10 | | facility capable of housing the companion animals, has no | 11 | | space to house the companion animals, or is otherwise unable | 12 | | to house the companion animals or the health or condition of | 13 | | the animals prevents their removal, the animals shall be | 14 | | impounded at the site of the violation pursuant to a court | 15 | | order authorizing the impoundment, provided that the person | 16 | | charged is an owner of the property. Employees or agents of the | 17 | | animal control or animal shelter or law enforcement shall have | 18 | | the authority to access the on-site impoundment property for | 19 | | the limited purpose of providing care and veterinary treatment | 20 | | for the impounded animals and ensuring their well-being and | 21 | | safety. Upon impoundment, a petition for posting of security | 22 | | may be filed under Section 3.05 of this Act. Disposition of the | 23 | | animals shall be controlled by Section 3.06 of this Act. The | 24 | | State's Attorney may, within 30 14 days after the seizure, | 25 | | file a "petition for forfeiture prior to trial" before the | 26 | | court having criminal jurisdiction over the alleged charges, |
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| 1 | | asking for permanent forfeiture of the companion animals | 2 | | seized. The petition shall be filed with the court, with | 3 | | copies served on the impounding agency, the owner, and anyone | 4 | | claiming an interest in the animals. In a "petition for | 5 | | forfeiture prior to trial", the burden is on the prosecution | 6 | | to prove by a preponderance of the evidence that the person | 7 | | arrested violated Section 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, | 8 | | 4.03, 4.04, 6, 7.1, or 7.15 of this Act or Section 26-5 or 48-1 | 9 | | of the Criminal Code of 1961 or the Criminal Code of 2012. | 10 | | (b) An owner whose companion animal or companion animals | 11 | | are removed by a law enforcement officer under this Section | 12 | | must be given written notice of the circumstances of the | 13 | | removal and of any legal remedies available to him or her. The | 14 | | notice must be delivered in person, posted at the place of | 15 | | seizure, or delivered to a person residing at the place of | 16 | | seizure or, if the address of the owner is different from the | 17 | | address of the person from whom the companion animal or | 18 | | companion animals were seized, delivered by registered mail to | 19 | | his or her last known address. | 20 | | (c) In addition to any other penalty provided by law, upon | 21 | | conviction of or being placed on supervision for violating | 22 | | Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, | 23 | | 7.1, or 7.15 of this Act or Section 26-5 or 48-1 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012, the court | 25 | | may order the person convicted or placed on supervision to | 26 | | forfeit to an animal control or animal shelter the animal or |
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| 1 | | animals that are the basis of the conviction or order for | 2 | | supervision. Upon an order of forfeiture, the person convicted | 3 | | or placed on supervision is deemed to have permanently | 4 | | relinquished all rights to the animal or animals that are the | 5 | | basis of the conviction or order for supervision, if not | 6 | | already. The forfeited animal or animals shall be adopted or | 7 | | humanely euthanized. In no event may the person convicted or | 8 | | placed on supervision, or anyone residing in his or her | 9 | | household be permitted to adopt or otherwise possess the | 10 | | forfeited animal or animals. The court, additionally, may | 11 | | order that the person convicted or placed on supervision, and | 12 | | persons dwelling in the same household as the person convicted | 13 | | or placed on supervision who conspired, aided, or abetted in | 14 | | the unlawful act that was the basis of the conviction or order | 15 | | for supervision, or who knew or should have known of the | 16 | | unlawful act, may not own, possess, harbor, or have custody or | 17 | | control of any other animals for a period of time that the | 18 | | court deems reasonable, up to and including permanent | 19 | | relinquishment. | 20 | | (d) In addition to any other penalty, the court may order | 21 | | that a person and persons dwelling in the same household may | 22 | | not own, harbor, or have custody or control of any other animal | 23 | | if the person has been convicted of 2 or more of the following | 24 | | offenses: | 25 | | (1) a violation of Section 3.02 of this Act; | 26 | | (2) a violation of Section 4.01 of this Act; or |
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| 1 | | (3) a violation of Section 48-1 of the Criminal Code | 2 | | of 2012. | 3 | | (e) A person who violates the prohibition against owning, | 4 | | possessing, harboring, having custody, or having control of | 5 | | animals is subject to immediate forfeiture of any animal | 6 | | illegally owned in violation of subsection (c). A person who | 7 | | owns, possesses, harbors, has custody, or has control of an | 8 | | animal in violation of an order issued under subsection (c) is | 9 | | also subject to the civil and criminal contempt power of the | 10 | | court and, if found guilty of criminal contempt, may be | 11 | | subject to imprisonment for not more than 90 days, a fine of | 12 | | not more than $2,500, or both. | 13 | | (Source: P.A. 102-114, eff. 1-1-22; 103-490, eff. 8-4-23.) |
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