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Public Act 102-0114


 

Public Act 0114 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0114
 
HB0168 EnrolledLRB102 02655 CMG 12658 b

    AN ACT concerning animals.
 
    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, 3.03, 4.01, or 7.1 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.
Upon 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, 4.01, or 7.1 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 delivered in person, 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, 3.03, 4.01,
or 7.1 of this Act or Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012, 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, if not
already. 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
or otherwise possess 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.
    (d) In addition to any other penalty, the court may order
that a person and persons dwelling in the same household may
not own, harbor, or have custody or control of any other animal
if the person has been convicted of 2 or more of the following
offenses:
        (1) a violation of Section 3.02 of this Act;
        (2) a violation of Section 4.01 of this Act; or
        (3) a violation of Section 48-1 of the Criminal Code
    of 2012.
(Source: P.A. 99-321, eff. 1-1-16; 100-504, eff. 6-1-18.)

Effective Date: 1/1/2022