Full Text of HB3381 101st General Assembly
HB3381eng 101ST GENERAL ASSEMBLY |
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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, 3.03, 4.01, or 7.1 of this Act
may lawfully take | 11 | | possession of some or all of the companion animals in the
| 12 | | possession of the person arrested. The officer, after taking | 13 | | possession of the
companion animals, must file with the court | 14 | | before whom the complaint is made
against any person so | 15 | | arrested an affidavit stating the name of the person
charged in | 16 | | the complaint, a description of the condition of the companion
| 17 | | animal or companion animals taken, and the time and place the | 18 | | companion animal
or companion animals were taken, together with | 19 | | the name of the person from
whom the companion animal or | 20 | | companion animals were taken and name of the
person who claims | 21 | | to own the companion animal or companion animals if different
| 22 | | from the person from whom the companion animal or companion | 23 | | animals were
seized. He or she must at the same time deliver an |
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| 1 | | inventory of the companion
animal or companion animals taken to | 2 | | the court of competent jurisdiction. The
officer must place the | 3 | | companion animal or companion animals in the custody of
an | 4 | | animal control or animal shelter and the agency must retain | 5 | | custody of the
companion animal or companion animals subject to | 6 | | an order of the court
adjudicating the charges on the merits | 7 | | and before which the person complained
against is required to | 8 | | appear for trial. If the animal control or animal shelter owns | 9 | | no facility capable of housing the companion animals, has no | 10 | | space to house the companion animals, or is otherwise unable to | 11 | | house the companion animals or the health or condition of the | 12 | | animals prevents their removal, the animals shall be impounded | 13 | | at the site of the violation pursuant to a court order | 14 | | authorizing the impoundment, provided that the person charged | 15 | | is an owner of the property. Employees or agents of the animal | 16 | | control or animal shelter or law enforcement shall have the | 17 | | authority to access the on-site impoundment property for the | 18 | | limited purpose of providing care and veterinary treatment for | 19 | | the impounded animals and ensuring their well-being and safety. | 20 | | Upon impoundment, a petition for posting of security may be | 21 | | filed under Section 3.05 of this Act. Disposition of the | 22 | | animals shall be controlled by Section 3.06 of this Act. The | 23 | | State's Attorney may, within 14
days after the seizure, file a | 24 | | "petition for forfeiture prior to trial" before
the court | 25 | | having criminal jurisdiction over the alleged charges, asking | 26 | | for
permanent forfeiture of the companion animals seized. The |
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| 1 | | petition shall be
filed with the court, with copies served on | 2 | | the impounding agency, the owner,
and anyone claiming an | 3 | | interest in the animals. In a "petition for forfeiture
prior to | 4 | | trial", the burden is on the prosecution to prove by a | 5 | | preponderance
of the evidence that the person arrested violated | 6 | | Section 3.01, 3.02, 3.03,
4.01, or 7.1 of this Act or Section | 7 | | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code | 8 | | of 2012.
| 9 | | (b) An owner whose companion animal or companion animals | 10 | | are removed by a
law enforcement officer under this Section | 11 | | must be given written notice of
the circumstances of the | 12 | | removal and of any legal remedies available to him
or her. The | 13 | | notice must be delivered in person, posted at the place of | 14 | | seizure, or delivered to
a person residing at the place of | 15 | | seizure or, if the address of the owner is
different from the | 16 | | address of the person from whom the companion animal or
| 17 | | companion animals were seized, delivered by registered mail to | 18 | | his or her last
known address.
| 19 | | (c) In addition to any other penalty provided by law, upon | 20 | | conviction for
violating Sections 3, 3.01, 3.02, 3.03, 4.01, or | 21 | | 7.1 of this Act or Section 26-5 or 48-1 of the Criminal Code of | 22 | | 1961 or the Criminal Code of 2012, the court may order the | 23 | | convicted
person to forfeit to an animal control or animal | 24 | | shelter
the animal
or animals that are the basis of the | 25 | | conviction. Upon an order of
forfeiture, the convicted person | 26 | | is deemed to have permanently
relinquished all rights to the |
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| 1 | | animal or animals that are the basis of the
conviction, if not | 2 | | already. The forfeited animal or animals shall be adopted or | 3 | | humanely
euthanized. In no event may the convicted person or | 4 | | anyone residing in
his or her household be permitted to adopt | 5 | | or otherwise possess the forfeited animal or animals.
The | 6 | | court, additionally, may order that the convicted person and | 7 | | persons
dwelling in the same household as the convicted person | 8 | | who conspired, aided, or
abetted in the
unlawful act that was | 9 | | the basis of the conviction, or who knew or should
have known | 10 | | of the unlawful act, may not own, harbor, or have custody or
| 11 | | control of any other animals for a period of time that the | 12 | | court deems
reasonable.
| 13 | | (d) In addition to any other penalty, the court shall order | 14 | | that a person and persons dwelling in the same household may | 15 | | not own, harbor, or have custody or control of any other animal | 16 | | if the person has been convicted of 2 or more of the following | 17 | | offenses: | 18 | | (1) a violation of Section 3.02; | 19 | | (2) a violation of Section 4.01; or | 20 | | (3) a violation of Section 48-1 of the Criminal Code of | 21 | | 2012. | 22 | | (Source: P.A. 99-321, eff. 1-1-16; 100-504, eff. 6-1-18 .)
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