(510 ILCS 70/3.05)
Sec. 3.05. Security for companion animals and animals used for fighting
purposes. (a) In the case of companion animals as defined in Section 2.01a or animals
used for fighting purposes in violation of Section 4.01
of this Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012 or a violation of 3.01, 3.02, 3.03, or 7.1 of this Act, the animal
control or animal shelter having custody of the animal or animals may file a
petition with the court requesting that the person from whom the animal or
animals are seized, or the owner of the animal or animals, be ordered to post
security. The security must be in an amount sufficient to secure payment of
all reasonable expenses expected to be incurred by the animal control or animal
shelter in caring for and providing for the animal or animals pending the
disposition of the charges. Reasonable expenses include, but are not limited
to, estimated medical care and boarding of the animal or animals for 30 days.
The amount of the security shall be determined by the court after taking into
consideration all of the facts and circumstances of the case, including, but
not limited to, the recommendation of the impounding organization having
custody and care of the seized animal or animals and the cost of caring for
the animal or animals. If security has been posted in accordance with this
Section, the animal control or animal shelter may draw from the security the
actual costs incurred by the agency in caring for the seized animal or animals.
(b) Upon receipt of a petition, the court must set a hearing on the
petition, to be conducted within 5 business days after the petition is filed.
The petitioner must serve a true copy of the petition upon the defendant and
the State's Attorney for the county in which the animal or animals were seized.
The petitioner must also serve a true copy of the petition on any interested
person. For the purposes of this subsection, "interested person" means an
individual, partnership, firm, joint stock company, corporation, association,
trust, estate, or other legal entity that the court determines may have a
pecuniary interest in the animal or animals that are the subject of the
petition. The court must set a hearing date to determine any interested
parties. The court may waive for good cause shown the posting of security.
(c) If the court orders the posting of security, the security must be
posted with the clerk of the court within 5 business days after the hearing.
If the person ordered to post security does not do so, the animal or animals
are forfeited by operation of law and the animal control or animal shelter
having control of the animal or animals must dispose of the animal or animals
through adoption or must humanely euthanize the animal. In no event may the
defendant or any person residing in the defendant's household adopt the animal
or animals.
(d) The impounding organization may file a petition with the court upon the
expiration of the 30-day period requesting the posting of additional security.
The court may order the person from whom the animal or animals were seized, or
the owner of the animal or animals, to post additional security with the
clerk of the court to secure payment of reasonable expenses for an additional
period of time pending a determination by the court of the charges against the
person from whom the animal or animals were seized.
(e) In no event may the security prevent the impounding organization having
custody and care of the animal or animals from disposing of the animal or
animals before the expiration of the 30-day period covered by the security if
the court makes a final determination of the charges against the person from
whom the animal or animals were seized. Upon the adjudication of the charges,
the person who posted the security is entitled to a refund of the security, in
whole or in part, for any expenses not incurred by the impounding organization.
(f) Notwithstanding any other provision of this Section to the contrary,
the court may order a person charged with any violation of this Act to provide
necessary food, water, shelter, and care for any animal or animals that are the
basis of the charge without the removal of the animal or animals from their
existing location and until the charges against the person are adjudicated.
Until a final determination of the charges is made, any law enforcement
officer, animal control officer, Department investigator, or an approved humane
investigator may be authorized by an order of the court to make regular visits
to the place where the animal or animals are being kept to ascertain if the
animal or animals are receiving necessary food, water, shelter, and care.
Nothing in this Section prevents any law enforcement officer, Department
investigator, or approved humane investigator from applying for a warrant under
this Section to seize any animal or animals being held by the person charged
pending the adjudication of the charges if it is determined that the animal or
animals are not receiving the necessary food, water, shelter, or care.
(g) Nothing in this Act shall be construed to prevent the voluntary,
permanent relinquishment of any animal by its owner to an animal
control or animal shelter in lieu of posting security or proceeding to a
forfeiture hearing. Voluntary relinquishment shall have no effect on the
criminal charges that may be pursued by the appropriate authorities.
(h) If an owner of a companion animal is acquitted by the court of charges
made pursuant to this Act, the court shall further order that any security that
has been posted for the animal shall be returned to the owner by the impounding
organization.
(i) The provisions of this Section only pertain to companion animals and
animals used for fighting purposes.
(Source: P.A. 100-504, eff. 6-1-18.)
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