Public Act 100-0504
 
HB2810 EnrolledLRB100 10495 SLF 20709 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 Sections 3.04, 3.05, and 4 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, 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 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, 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, or 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.

(Source: P.A. 99-321, eff. 1-1-16.)

 



    (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. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)

 



    (510 ILCS 70/4)  (from Ch. 8, par. 704)



    Sec. 4. Prohibited acts. No person may sell, offer for 
sale, barter,
or give away as a pet or a novelty any rabbit or 
any baby chick, duckling or
other fowl which has been dyed, 
colored, or otherwise treated to impart an
artificial color 
thereto.  Baby chicks or ducklings shall not be sold, offered

for sale, bartered, or given away as pets or novelties.  
Rabbits, ducklings
or baby chicks shall not be awarded as 
prizes.

    No person may allow for the adoption, transfer, sale, offer 
for sale, barter, or give away any animal forfeited or 
relinquished under Section 3.04 or 3.05 of this Act to the 
person who forfeited the animal or a person residing in that 
person's household. 
    A person convicted of violating this Section is guilty of a 
Class B
misdemeanor.  A second or subsequent violation is a 
Class 4 felony, with
every day that a violation continues 
constituting a separate offense.

(Source: P.A. 92-650, eff. 7-11-02.)