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Sen. Pamela J. Althoff
Filed: 4/17/2015
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| 1 | | AMENDMENT TO SENATE BILL 1735
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1735 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Humane Care for Animals Act is amended by |
| 5 | | changing Section 3.04 as follows:
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| 6 | | (510 ILCS 70/3.04)
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| 7 | | Sec. 3.04. Arrests and seizures; penalties.
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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 |
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| 1 | | companion animals taken, and the time and place the companion |
| 2 | | animal
or companion animals were taken, together with the name |
| 3 | | of the person from
whom the companion animal or companion |
| 4 | | animals were taken and name of the
person who claims to own the |
| 5 | | companion animal or companion animals if different
from the |
| 6 | | person from whom the companion animal or companion animals were
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| 7 | | seized. He or she must at the same time deliver an inventory of |
| 8 | | the companion
animal or companion animals taken to the court of |
| 9 | | competent jurisdiction. The
officer must place the companion |
| 10 | | animal or companion animals in the custody of
an animal control |
| 11 | | or animal shelter and the agency must retain custody of the
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| 12 | | companion animal or companion animals subject to an order of |
| 13 | | the court
adjudicating the charges on the merits and before |
| 14 | | which the person complained
against is required to appear for |
| 15 | | trial. If the animal control or animal shelter owns no facility |
| 16 | | capable of housing the companion animals, has no space to house |
| 17 | | the companion animals, or is otherwise unable to house the |
| 18 | | companion animals or the health or condition of the animals |
| 19 | | prevents their removal, the animals shall be impounded at the |
| 20 | | site of the violation pursuant to a court order authorizing the |
| 21 | | impoundment, provided that the person charged is an owner of |
| 22 | | the property. Employees or agents of the animal control or |
| 23 | | animal shelter or law enforcement shall have the authority to |
| 24 | | access the on-site impoundment property for the limited purpose |
| 25 | | of providing care and veterinary treatment for the impounded |
| 26 | | animals and ensuring their well-being and safety. For an |
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| 1 | | on-site impoundment, a petition for posting of security may be |
| 2 | | filed under Section 3.05 of this Act. Disposition of the |
| 3 | | animals shall be controlled by Section 3.06 of this Act. The |
| 4 | | State's Attorney may, within 14
days after the seizure, file a |
| 5 | | "petition for forfeiture prior to trial" before
the court |
| 6 | | having criminal jurisdiction over the alleged charges, asking |
| 7 | | for
permanent forfeiture of the companion animals seized. The |
| 8 | | petition shall be
filed with the court, with copies served on |
| 9 | | the impounding agency, the owner,
and anyone claiming an |
| 10 | | interest in the animals. In a "petition for forfeiture
prior to |
| 11 | | trial", the burden is on the prosecution to prove by a |
| 12 | | preponderance
of the evidence that the person arrested violated |
| 13 | | Section 3.01, 3.02, 3.03, or
4.01 of this Act or Section 26-5 |
| 14 | | or 48-1 of the Criminal Code of 1961 or the Criminal Code of |
| 15 | | 2012.
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| 16 | | (b) An owner whose companion animal or companion animals |
| 17 | | are removed by a
law enforcement officer under this Section |
| 18 | | must be given written notice of
the circumstances of the |
| 19 | | removal and of any legal remedies available to him
or her. The |
| 20 | | notice must be posted at the place of seizure, or delivered to
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| 21 | | a person residing at the place of seizure or, if the address of |
| 22 | | the owner is
different from the address of the person from whom |
| 23 | | the companion animal or
companion animals were seized, |
| 24 | | delivered by registered mail to his or her last
known address.
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| 25 | | (c) In addition to any other penalty provided by law, upon |
| 26 | | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the |
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| 1 | | court may order the convicted
person to forfeit to an animal |
| 2 | | control or animal shelter
the animal
or animals that are the |
| 3 | | basis of the conviction. Upon an order of
forfeiture, the |
| 4 | | convicted person is deemed to have permanently
relinquished all |
| 5 | | rights to the animal or animals that are the basis of the
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| 6 | | conviction. The forfeited animal or animals shall be adopted or |
| 7 | | humanely
euthanized. In no event may the convicted person or |
| 8 | | anyone residing in
his or her household be permitted to adopt |
| 9 | | the forfeited animal or animals.
The court, additionally, may |
| 10 | | order that the convicted person and persons
dwelling in the |
| 11 | | same household as the convicted person who conspired, aided, or
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| 12 | | abetted in the
unlawful act that was the basis of the |
| 13 | | conviction, or who knew or should
have known of the unlawful |
| 14 | | act, may not own, harbor, or have custody or
control of any |
| 15 | | other animals for a period of time that the court deems
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| 16 | | reasonable.
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| 17 | | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)".
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