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| Public Act 099-0321 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Humane Care for Animals Act is amended by | ||||
changing Section 3.04 as follows:
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(510 ILCS 70/3.04)
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Sec. 3.04. Arrests and seizures; penalties.
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(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
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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
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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
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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.
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(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
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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.
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(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
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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
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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
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reasonable.
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(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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