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91_HB3909
LRB9112110MWpc
1 AN ACT to amend the Humane Care for Animals Act by
2 changing Sections 4.02 and 10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Humane Care for Animals Act is amended by
6 changing Sections 4.02 and 10 as follows:
7 (510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
8 Sec. 4.02. Arrests; reports.
9 (a) Any law enforcement officer making an arrest for an
10 offense involving one or more animals dogs under Section 4.01
11 of this Act shall lawfully take possession of all animals
12 dogs and all paraphernalia, implements, or other property or
13 things used or employed, or about to be employed in the
14 violation of any of the provisions of Section 4.01 of this
15 Act. Such officer, after taking possession of such animals
16 dogs, paraphernalia, implements, or other property or things,
17 shall file with the court before whom the complaint is made
18 against any person so arrested an affidavit stating therein
19 the name of the person charged in such complaint, a
20 description of the property so taken and the time and place
21 of the taking thereof together with the name of the person
22 from whom the same was taken and name of the person who
23 claims to own such property, if known, and that the affiant
24 has reason to believe and does believe, stating the ground of
25 such belief, that the property so taken was used or employed,
26 or was about to be used or employed, in such violation of
27 Section 4.01 of this Act. He or she shall thereupon deliver
28 an inventory of the property so taken to the court. The
29 officer shall place the animal in the custody of an animal
30 control or humane agency and the agency shall retain custody
31 of the animal subject to an order of the court before which
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1 the person complained against is required to appear for
2 trial. For the purposes of this Section, "animal control or
3 humane agency" includes any responsible foster home licensed
4 by an animal control or humane agency.
5 (a-5) An owner whose animal is removed under Section
6 4.01 of this Act must be given written notice of the
7 circumstances of the removal and of any legal remedies
8 available to him or her. The notice shall be given by posting
9 at the place of seizure, by delivery to a person residing at
10 the place of seizure, and, if the owner is known, by
11 registered mail.
12 (a-10) The animal control or humane agency having
13 control of the animal may find a responsible person to adopt
14 the animal or may euthanize the animal after not less than 15
15 days after the animal is taken into custody. An animal
16 control or humane agency may euthanize severely injured,
17 diseased, or suffering animals at any time.
18 The owner of animal may prevent that animal's adoption or
19 destruction by (i) petitioning the court that has
20 jurisdiction over the case for the animal's return subject to
21 any court-imposed conditions or (ii) posting a bond or
22 security in an amount sufficient for the animal's care for a
23 minimum of 30 days after the date of seizure. If the owner
24 petitions the court for the animal's return, the petition
25 must be filed with the court and copies of the petition must
26 be served on the law enforcement agency that removed the
27 animal, the animal control or humane agency that has custody
28 of the animal, and the State's attorney.
29 If an animal control or humane agency still has custody
30 of the animal when the posted bond or security expires, the
31 animal becomes the agency's property unless a court orders an
32 alternative disposition. If a court order prevents the
33 animal control or humane agency from assuming ownership of
34 the animal and the agency continues to care for the animal,
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1 the court shall order the owner to renew the bond or security
2 in an amount equal to the agency's continuing costs for the
3 care of the animal.
4 (a-15) In a petition for an animal's return, the burden
5 of proof is on the owner to prove by a preponderance of the
6 evidence that the animal will not suffer future neglect or
7 abuse and that the animal was not in need of being restored
8 to health at the time of the seizure.
9 (a-20) , which shall, by order, place the same in
10 custody of an officer or other proper person named and
11 designated in such order, to be kept by him until the
12 conviction or final discharge of such person complained
13 against, and shall send a copy of such order without delay to
14 the State's attorney of the county and the Department. The
15 officer or person so named and designated in such order shall
16 immediately thereupon assume the custody of such property and
17 shall retain the same, subject to the order of the court
18 before which such person so complained against may be
19 required to appear for trial. Upon the conviction of the
20 person so charged, all property so seized shall be adjudged
21 by the court to be forfeited and shall thereupon be destroyed
22 or otherwise disposed of as the court may order if not
23 previously ordered forfeited or previously forfeited by
24 operation of law. The costs incurred in boarding and
25 treating the animal pending disposition of the case and in
26 disposing of the animal upon a conviction under this Section
27 shall be borne by the person convicted. In the event of the
28 acquittal or final discharge without conviction of the person
29 so charged such court shall, upon petition of the State, hold
30 a hearing as to the disposition of the animal and the other
31 property seized. If the court finds by a preponderance of
32 the evidence that the criminal allegations are true or that
33 the animal was neglected or abused, the animal must be
34 forfeited. If the court finds that the State fails to prove
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1 that the criminal allegations are true or that the animal was
2 neglected or abused, the court shall direct the delivery of
3 the animal and other property not previously forfeited to the
4 owner thereof on demand, direct the delivery of such property
5 so held in custody to the owner thereof.
6 (a-25) Any person authorized by this Section to care for
7 an animal, to treat an animal, or to attempt to restore an
8 animal to health who is acting in good faith is immune from
9 any civil or criminal liability that might result from the
10 actions taken.
11 (b) Any veterinarian in this State who is presented with
12 an animal for treatment of injuries or wounds resulting from
13 fighting where there is a reasonable possibility that the
14 animal was engaged in or utilized for a fighting event shall
15 file a report with the Department and cooperate by furnishing
16 the owners' names, dates and descriptions of the animal or
17 animals involved. Any veterinarian who in good faith makes a
18 report, as required by this subsection (b), shall have
19 immunity from any liability, civil, criminal or that
20 otherwise might result by reason of such actions. For the
21 purposes of any proceedings, civil or criminal, the good
22 faith of any such veterinarian shall be presumed.
23 (Source: P.A. 84-723.)
24 (510 ILCS 70/10) (from Ch. 8, par. 710)
25 Sec. 10. Entry upon premises for investigation of
26 complaints.
27 (a) Upon receiving a complaint of a suspected violation
28 of this Act, a Department investigator, any law enforcement
29 official, or an approved humane investigator may, for the
30 purpose of investigating the allegations of the complaint,
31 enter during normal business hours upon any premises where
32 the animal or animals described in the complaint are housed
33 or kept, provided such entry shall not be made into any
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1 building which is a person's residence, except by search
2 warrant or court order. Institutions operating under federal
3 license to conduct laboratory experimentation utilizing
4 animals for research or medical purposes are, however, exempt
5 from the provisions of this Section. State's Attorneys and
6 law enforcement officials shall provide such assistance as
7 may be required in the conduct of such investigations. Any
8 such investigation requiring legal procedures shall be
9 immediately reported to the Department. No employee or
10 representative of the Department shall enter a livestock
11 management facility unless sanitized footwear is used, or
12 unless the owner or operator of the facility waives this
13 requirement. The employee or representative must also use
14 any other reasonable disease prevention procedures or
15 equipment provided by the owner or operator of the facility.
16 The animal control administrator and animal control wardens
17 appointed under the Animal Control Act shall be authorized to
18 make investigations complying with this Section for alleged
19 violations of Sections 3 and 3.01 pertaining to small
20 companion animals. If impoundments are made by wardens,
21 public pounds operated by a political entity shall be
22 utilized. The animals impounded shall remain under the
23 jurisdiction of the animal control administrator and be held
24 in an animal pound licensed under the Animal Welfare Act. All
25 litigation, appeal, and disposition of the animals so held
26 will remain with the governmental agency operating the
27 facility.
28 (b) Notwithstanding the provisions of subsection (a), a
29 law enforcement official, Department investigator, approved
30 animal control or humane investigator, animal control
31 administrator, or veterinarian licensed in this State may
32 take an animal into temporary protective custody if there is
33 reason to believe that the animal has been abused in
34 violation of this Act, there is an imminent danger to the
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1 animal's health, and there is not time to obtain a court
2 order of impoundment. The animal or animals taken into
3 protective custody must immediately be taken to a
4 veterinarian for treatment. The person taking the animal into
5 protective custody must leave written notice of the
6 impoundment in accordance with Section 12 of this Act. If
7 after 7 days the animal has not been returned to the owner or
8 claimed, the person taking the animal into protective custody
9 must seek permanent custody of the animal, seek a one week
10 extension of the custody, or file charges in the proper
11 court. If an extension of custody is granted and after 14
12 days the animal remains unclaimed, the person having custody
13 of the animal may dispose of the animal as if he or she were
14 the owner.
15 Nothing in this subsection permits entry into a private
16 dwelling. Nothing in this subsection permits the taking of a
17 farm animal without the prior recommendation of a
18 veterinarian licensed in this State.
19 (c) Any law enforcement official, animal control or
20 humane agency, or veterinarian acting in good faith is immune
21 from any civil or criminal liability that might result from
22 actions taken under this Section. For the purpose of any
23 civil or criminal proceeding, good faith on the part of the
24 law enforcement official, animal control or humane agency, or
25 veterinarian is presumed.
26 (Source: P.A. 87-157.)