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Public Act 099-0321 Public Act 0321 99TH GENERAL ASSEMBLY |
Public Act 099-0321 | SB1735 Enrolled | LRB099 08074 HAF 28220 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Humane Care for Animals Act is amended by | changing Section 3.04 as follows:
| (510 ILCS 70/3.04)
| Sec. 3.04. Arrests and seizures; penalties.
| (a) Any law enforcement officer making an arrest for an | offense involving
one or more companion animals under Section | 3.01, 3.02, or 3.03 of this Act
may lawfully take possession of | some or all of the companion animals in the
possession of the | person arrested. The officer, after taking possession of the
| companion animals, must file with the court before whom the | complaint is made
against any person so arrested an affidavit | stating the name of the person
charged in the complaint, a | description of the condition of the companion
animal or | companion animals taken, and the time and place the companion | animal
or companion animals were taken, together with the name | of the person from
whom the companion animal or companion | animals were taken and name of the
person who claims to own the | companion animal or companion animals if different
from the | person from whom the companion animal or companion animals were
| seized. He or she must at the same time deliver an inventory of |
| the companion
animal or companion animals taken to the court of | competent jurisdiction. The
officer must place the companion | animal or companion animals in the custody of
an animal control | or animal shelter and the agency must retain custody of the
| companion animal or companion animals subject to an order of | the court
adjudicating the charges on the merits and before | which the person complained
against is required to appear for | trial. If the animal control or animal shelter owns no facility | capable of housing the companion animals, has no space to house | the companion animals, or is otherwise unable to house the | companion animals or the health or condition of the animals | prevents their removal, the animals shall be impounded at the | site of the violation pursuant to a court order authorizing the | impoundment, provided that the person charged is an owner of | the property. Employees or agents of the animal control or | animal shelter or law enforcement shall have the authority to | access the on-site impoundment property for the limited purpose | of providing care and veterinary treatment for the impounded | animals and ensuring their well-being and safety. For an | on-site impoundment, a petition for posting of security may be | filed under Section 3.05 of this Act. Disposition of the | animals shall be controlled by Section 3.06 of this Act. The | State's Attorney may, within 14
days after the seizure, file a | "petition for forfeiture prior to trial" before
the court | having criminal jurisdiction over the alleged charges, asking | for
permanent forfeiture of the companion animals seized. The |
| petition shall be
filed with the court, with copies served on | the impounding agency, the owner,
and anyone claiming an | interest in the animals. In a "petition for forfeiture
prior to | trial", the burden is on the prosecution to prove by a | preponderance
of the evidence that the person arrested violated | Section 3.01, 3.02, 3.03, or
4.01 of this Act or Section 26-5 | or 48-1 of the Criminal Code of 1961 or the Criminal Code of | 2012.
| (b) An owner whose companion animal or companion animals | are removed by a
law enforcement officer under this Section | must be given written notice of
the circumstances of the | removal and of any legal remedies available to him
or her. The | notice must be posted at the place of seizure, or delivered to
| a person residing at the place of seizure or, if the address of | the owner is
different from the address of the person from whom | the companion animal or
companion animals were seized, | delivered by registered mail to his or her last
known address.
| (c) In addition to any other penalty provided by law, upon | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | court may order the convicted
person to forfeit to an animal | control or animal shelter
the animal
or animals that are the | basis of the conviction. Upon an order of
forfeiture, the | convicted person is deemed to have permanently
relinquished all | rights to the animal or animals that are the basis of the
| conviction. The forfeited animal or animals shall be adopted or | humanely
euthanized. In no event may the convicted person or |
| anyone residing in
his or her household be permitted to adopt | the forfeited animal or animals.
The court, additionally, may | order that the convicted person and persons
dwelling in the | same household as the convicted person who conspired, aided, or
| abetted in the
unlawful act that was the basis of the | conviction, or who knew or should
have known of the unlawful | act, may not own, harbor, or have custody or
control of any | other animals for a period of time that the court deems
| reasonable.
| (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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Effective Date: 1/1/2016
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