Public Act 099-0321

SB1735 Enrolled LRB099 08074 HAF 28220 b

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.)