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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Humane Care for Animals Act is amended by | |||||||||||||||||||||
5 | changing Sections 3.04 and 3.05 as follows:
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6 | (510 ILCS 70/3.04)
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7 | Sec. 3.04. Arrests and seizures.
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8 | (a) Any law enforcement officer making an arrest for an | |||||||||||||||||||||
9 | offense involving
one or more companion animals under Section | |||||||||||||||||||||
10 | 3.01, 3.02, or 3.03 of this Act
may lawfully take possession of | |||||||||||||||||||||
11 | some or all of the companion animals in the
possession of the | |||||||||||||||||||||
12 | person arrested. The officer, after taking possession of the
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13 | companion animals, must file with the court before whom the | |||||||||||||||||||||
14 | complaint is made
against any person so arrested an affidavit | |||||||||||||||||||||
15 | stating the name of the person
charged in the complaint, a | |||||||||||||||||||||
16 | description of the condition of the companion
animal or | |||||||||||||||||||||
17 | companion animals taken, and the time and place the companion | |||||||||||||||||||||
18 | animal
or companion animals were taken, together with the name | |||||||||||||||||||||
19 | of the person from
whom the companion animal or companion | |||||||||||||||||||||
20 | animals were taken and name of the
person who claims to own the | |||||||||||||||||||||
21 | companion animal or companion animals if different
from the | |||||||||||||||||||||
22 | person from whom the companion animal or companion animals were
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23 | seized. He or she must at the same time deliver an inventory of | |||||||||||||||||||||
24 | the companion
animal or companion animals taken to the court of | |||||||||||||||||||||
25 | competent jurisdiction. The
officer must place the companion | |||||||||||||||||||||
26 | animal or companion animals in the custody of
an animal control | |||||||||||||||||||||
27 | or animal shelter and the agency must retain custody of the
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28 | companion animal or companion animals subject to an order of | |||||||||||||||||||||
29 | the court
adjudicating the charges on the merits and before | |||||||||||||||||||||
30 | which the person complained
against is required to appear for | |||||||||||||||||||||
31 | trial. The State's Attorney shall, at anytime prior to trial
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32 | may, within 14
days after the seizure , file a "petition for |
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1 | forfeiture prior to trial" before
the court having criminal | ||||||
2 | jurisdiction over the alleged charges, asking for
permanent | ||||||
3 | forfeiture of the companion animals seized. The petition shall | ||||||
4 | be
filed with the court, with copies served on the impounding | ||||||
5 | agency, the owner,
and anyone claiming an interest in the | ||||||
6 | animals. In a "petition for forfeiture
prior to trial", the | ||||||
7 | burden is on the prosecution to prove by a preponderance
of the | ||||||
8 | evidence that the person arrested violated Section 3.01, 3.02, | ||||||
9 | 3.03, or
4.01 of this Act or Section 26-5 of the Criminal Code | ||||||
10 | of 1961.
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11 | (b) An owner whose companion animal or companion animals | ||||||
12 | are removed by a
law enforcement officer under this Section | ||||||
13 | must be given written notice of
the circumstances of the | ||||||
14 | removal and of any legal remedies available to him
or her. The | ||||||
15 | notice must be posted at the place of seizure, or delivered to
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16 | a person residing at the place of seizure or, if the address of | ||||||
17 | the owner is
different from the address of the person from whom | ||||||
18 | the companion animal or
companion animals were seized, | ||||||
19 | delivered by registered mail to his or her last
known address.
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20 | (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
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21 | (510 ILCS 70/3.05)
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22 | Sec. 3.05. Security for companion animals and animals used | ||||||
23 | for fighting
purposes.
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24 | (a) In the case of companion animals as defined in Section | ||||||
25 | 2.01a or animals
used for fighting purposes in violation of | ||||||
26 | Section 4.01
of this Act or Section 26-5 of the Criminal Code | ||||||
27 | of 1961, the animal
control or animal shelter having custody of | ||||||
28 | the animal or animals may file a
petition with the court | ||||||
29 | requesting that the person from whom the animal or
animals are | ||||||
30 | seized, or the owner of the animal or animals, be ordered to | ||||||
31 | post
security. The security must be in an amount sufficient to | ||||||
32 | secure payment of
all reasonable expenses expected to be | ||||||
33 | incurred by the animal control or animal
shelter in caring for | ||||||
34 | and providing for the animal or animals pending the
disposition | ||||||
35 | of the charges. Reasonable expenses include, but are not |
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1 | limited
to, estimated medical care and boarding of the animal | ||||||
2 | or animals for 30 days.
The amount of the security shall be | ||||||
3 | determined by the court after taking into
consideration all of | ||||||
4 | the facts and circumstances of the case, including, but
not | ||||||
5 | limited to, the recommendation of the impounding organization | ||||||
6 | having
custody and care of the seized animal or animals and the | ||||||
7 | cost of caring for
the animal or animals. If security has been | ||||||
8 | posted in accordance with this
Section, the animal control or | ||||||
9 | animal shelter may draw from the security the
actual costs | ||||||
10 | incurred by the agency in caring for the seized animal or | ||||||
11 | animals.
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12 | (b) Upon receipt of a petition, the court must set a | ||||||
13 | hearing on the
petition, to be conducted within 5 business days | ||||||
14 | after the petition is filed.
The petitioner must serve a true | ||||||
15 | copy of the petition upon the defendant and
the State's | ||||||
16 | Attorney for the county in which the animal or animals were | ||||||
17 | seized.
The petitioner must also serve a true copy of the | ||||||
18 | petition on any interested
person. For the purposes of this | ||||||
19 | subsection, "interested person" means an
individual, | ||||||
20 | partnership, firm, joint stock company, corporation, | ||||||
21 | association,
trust, estate, or other legal entity that the | ||||||
22 | court determines may have a
pecuniary interest in the animal or | ||||||
23 | animals that are the subject of the
petition. The court must | ||||||
24 | set a hearing date to determine any interested
parties. The | ||||||
25 | court may waive for good cause shown the posting of security.
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26 | (c) If the court orders the posting of security, the | ||||||
27 | security must be
posted with the clerk of the court within 5 | ||||||
28 | business days after the hearing.
If the person ordered to post | ||||||
29 | security does not do so, the animal or animals
are forfeited by | ||||||
30 | operation of law and the animal control or animal shelter
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31 | having control of the animal or animals must dispose of the | ||||||
32 | animal or animals
through adoption or must humanely euthanize | ||||||
33 | the animal. In no event may the
defendant or any person | ||||||
34 | residing in the defendant's household adopt the animal
or | ||||||
35 | animals.
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36 | (d) The impounding organization may file a petition with |
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1 | the court upon the
expiration of the 30-day period requesting | ||||||
2 | the posting of additional security.
The court may order the | ||||||
3 | person from whom the animal or animals were seized, or
the | ||||||
4 | owner of the animal or animals, to post additional security | ||||||
5 | with the
clerk of the court to secure payment of reasonable | ||||||
6 | expenses for an additional
period of time pending a | ||||||
7 | determination by the court of the charges against the
person | ||||||
8 | from whom the animal or animals were seized.
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9 | (e) In no event may the security prevent the impounding | ||||||
10 | organization having
custody and care of the animal or animals | ||||||
11 | from disposing of the animal or
animals before the expiration | ||||||
12 | of the 30-day period covered by the security if
the court makes | ||||||
13 | a final determination of the charges against the person from
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14 | whom the animal or animals were seized. Upon the adjudication | ||||||
15 | of the charges,
the person who posted the security is entitled | ||||||
16 | to a refund of the security, in
whole or in part, for any | ||||||
17 | expenses not incurred by the impounding organization.
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18 | (f) Notwithstanding any other provision of this Section to | ||||||
19 | the contrary,
the court may order a person charged with any | ||||||
20 | violation of this Act to provide
necessary food, water, | ||||||
21 | shelter, and care for any animal or animals that are the
basis | ||||||
22 | of the charge without the removal of the animal or animals from | ||||||
23 | their
existing location and until the charges against the | ||||||
24 | person are adjudicated.
Until a final determination of the | ||||||
25 | charges is made, any law enforcement
officer, animal control | ||||||
26 | officer, Department investigator, or an approved humane
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27 | investigator may be authorized by an order of the court to make | ||||||
28 | regular visits
to the place where the animal or animals are | ||||||
29 | being kept to ascertain if the
animal or animals are receiving | ||||||
30 | necessary food, water, shelter, and care.
Nothing in this | ||||||
31 | Section prevents any law enforcement officer, Department
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32 | investigator, or approved humane investigator from applying | ||||||
33 | for a warrant under
this Section to seize any animal or animals | ||||||
34 | being held by the person charged
pending the adjudication of | ||||||
35 | the charges if it is determined that the animal or
animals are | ||||||
36 | not receiving the necessary food, water, shelter, or care.
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1 | (g) Nothing in this Act shall be construed to prevent the | ||||||
2 | voluntary,
permanent relinquishment of any animal by its owner | ||||||
3 | to an animal
control or animal shelter in lieu of posting | ||||||
4 | security or proceeding to a
forfeiture hearing. Voluntary | ||||||
5 | relinquishment shall have no effect on the
criminal charges | ||||||
6 | that may be pursued by the appropriate authorities.
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7 | (h) If an owner of a companion animal is acquitted by the | ||||||
8 | court of charges
made pursuant to this Act, the court shall | ||||||
9 | further order that any security that
has been posted for the | ||||||
10 | animal shall be returned to the owner by the impounding
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11 | organization.
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12 | (i) The provisions of this Section only pertain to | ||||||
13 | companion animals and
animals used for fighting purposes.
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14 | (Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
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15 | Section 99. Effective date. This Act takes effect January | ||||||
16 | 1, 2005.
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