Sen. Michael W. Frerichs
Filed: 3/18/2014
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 3050 




2    AMENDMENT NO. ______. Amend Senate Bill 3050 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Humane Care for Animals Act is amended  by 
5changing Section 3.06 as follows:
 



6    (510 ILCS 70/3.06)



7    Sec. 3.06. 
Disposition of seized companion animals and 
8animals used for
fighting purposes.

9    (a) Upon the conviction of the person charged, all animals 
10seized, if not
previously ordered forfeited or previously 
11forfeited by operation of law, are
forfeited to the facility 
12impounding the animals
and must be humanely euthanized or 
13adopted.  Any outstanding costs incurred by
the impounding 
14facility for boarding and treating the animals pending the

15disposition of the case and any costs incurred in disposing of 
16the animals must
be borne by the person convicted.

 
 
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1    (b) Any person authorized by this Section to care for an 
2animal or animals,
to treat an animal or animals, or to attempt 
3to restore an animal or animals to
good health and who is 
4acting in good faith is immune from any civil or
criminal 
5liability that may result from his or her actions.

6    (c) The provisions of this Section only pertain to 
7companion animals and
animals used for fighting purposes.

8    (d) A nonprofit organization qualified under Section 501 
9(c)(3) of the United States Internal Revenue Code of 1986 for 
10the purpose of preventing cruelty to animals may, in connection 
11with an investigation or prosecution by law enforcement of an 
12alleged violation of federal or State animal fighting or animal 
13cruelty laws, including, but not limited to,  this Act, 
14establish a temporary shelter to receive animals seized or 
15impounded as a result of the investigation or prosecution if:
16        (1) the law enforcement authority with jurisdiction 
17    over the investigation or prosecution determines that the 
18    shelter is necessary;
19        (2) the law enforcement authority with jurisdiction 
20    over the investigation or prosecution extends an official 
21    invitation to the organization that is valid for a 
22    specified period of time; and
23        (3) the shelter complies with the requirements of the 
24    Veterinary Medicine and Surgery Practice Act of 2004.
25    (e) As used in this Section, "temporary shelter" means a 
26sheltering facility that is established for a limited time, not 
 
 
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1to exceed a time period specified by the law enforcement 
2authority with jurisdiction over the investigation or 
3prosecution, for the purpose of providing veterinary care, 
4food, water, and shelter to animals seized or impounded as a 
5result of the investigation or prosecution, provided, however, 
6that the establishment of the facility does not involve the 
7construction of any permanent buildings or structures and, 
8except as allowed by Section 3.05 of this Act, that no fees 
9shall be charged for any veterinary care provided at the 
10facility. 
11(Source: P.A. 92-454, eff. 1-1-02.)".