102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4641

 

Introduced 1/21/2022, by Rep. Deb Conroy

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/3.04

    Amends the Humane Care for Animals Act. Adds specified offenses of the Humane Care for Animals Act for which law enforcement making an arrest may take possession of a companion animal. Adds specified offenses of the Act for which a court may order the forfeiture of an animal. Provides that upon a violation (rather than conviction) of specified offenses, the court may order the person in violation to forfeit the animal or animals that are the basis of the violation. Provides that a court may order that the person in violation and certain persons in the person's household may not own, possess, harbor, or have custody or control of any other animals for a reasonable period of time, including permanent relinquishment. Provides that a person who violates such a prohibition is subject to immediate forfeiture of any animal and subject to imprisonment for not more than 90 days, a fine of not more than $2,500, or both. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Humane Care for Animals Act is amended by
5changing Section 3.04 as follows:
 
6    (510 ILCS 70/3.04)
7    Sec. 3.04. Arrests and seizures; penalties.
8    (a) Any law enforcement officer making an arrest for an
9offense involving one or more companion animals under Section
103, 3.01, 3.02, 3.03, 4.01, 4.03, 4.04, 6, or 7.1, or 7.15 of
11this Act may lawfully take possession of some or all of the
12companion animals in the possession of the person arrested.
13The officer, after taking possession of the companion animals,
14must file with the court before whom the complaint is made
15against any person so arrested an affidavit stating the name
16of the person charged in the complaint, a description of the
17condition of the companion animal or companion animals taken,
18and the time and place the companion animal or companion
19animals were taken, together with the name of the person from
20whom the companion animal or companion animals were taken and
21name of the person who claims to own the companion animal or
22companion animals if different from the person from whom the
23companion animal or companion animals were seized. He or she

 

 

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1must at the same time deliver an inventory of the companion
2animal or companion animals taken to the court of competent
3jurisdiction. The officer must place the companion animal or
4companion animals in the custody of an animal control or
5animal shelter and the agency must retain custody of the
6companion animal or companion animals subject to an order of
7the court adjudicating the charges on the merits and before
8which the person complained against is required to appear for
9trial. If the animal control or animal shelter owns no
10facility capable of housing the companion animals, has no
11space to house the companion animals, or is otherwise unable
12to house the companion animals or the health or condition of
13the animals prevents their removal, the animals shall be
14impounded at the site of the violation pursuant to a court
15order authorizing the impoundment, provided that the person
16charged is an owner of the property. Employees or agents of the
17animal control or animal shelter or law enforcement shall have
18the authority to access the on-site impoundment property for
19the limited purpose of providing care and veterinary treatment
20for the impounded animals and ensuring their well-being and
21safety. Upon impoundment, a petition for posting of security
22may be filed under Section 3.05 of this Act. Disposition of the
23animals shall be controlled by Section 3.06 of this Act. The
24State's Attorney may, within 14 days after the seizure, file a
25"petition for forfeiture prior to trial" before the court
26having criminal jurisdiction over the alleged charges, asking

 

 

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1for permanent forfeiture of the companion animals seized. The
2petition shall be filed with the court, with copies served on
3the impounding agency, the owner, and anyone claiming an
4interest in the animals. In a "petition for forfeiture prior
5to trial", the burden is on the prosecution to prove by a
6preponderance of the evidence that the person arrested
7violated Section 3, 3.01, 3.02, 3.03, 4.01, 4.03, 4.04, 6, or
87.1, or 7.15 of this Act or Section 26-5 or 48-1 of the
9Criminal Code of 1961 or the Criminal Code of 2012.
10    (b) An owner whose companion animal or companion animals
11are removed by a law enforcement officer under this Section
12must be given written notice of the circumstances of the
13removal and of any legal remedies available to him or her. The
14notice must be delivered in person, posted at the place of
15seizure, or delivered to a person residing at the place of
16seizure or, if the address of the owner is different from the
17address of the person from whom the companion animal or
18companion animals were seized, delivered by registered mail to
19his or her last known address.
20    (c) In addition to any other penalty provided by law, upon
21a violation of Section conviction for violating Sections 3,
223.01, 3.02, 3.03, 4.01, 4.03, 4.04, 6, or 7.1, or 7.15 of this
23Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the
24Criminal Code of 2012, the court may order the convicted
25person in violation to forfeit to an animal control or animal
26shelter the animal or animals that are the basis of the

 

 

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1violation conviction. Upon an order of forfeiture, the
2convicted person in violation is deemed to have permanently
3relinquished all rights to the animal or animals that are the
4basis of the violation conviction, if not already. The
5forfeited animal or animals shall be adopted or humanely
6euthanized. In no event may the convicted person in violation
7or anyone residing in his or her household be permitted to
8adopt or otherwise possess the forfeited animal or animals.
9The court, additionally, may order that the convicted person
10in violation and persons dwelling in the same household as the
11convicted person in violation who conspired, aided, or abetted
12in the unlawful act that was the basis of the violation
13conviction, or who knew or should have known of the unlawful
14act, may not own, possess, harbor, or have custody or control
15of any other animals for a period of time that the court deems
16reasonable, up to and including permanent relinquishment.
17    (d) In addition to any other penalty, the court may order
18that a person and persons dwelling in the same household may
19not own, harbor, or have custody or control of any other animal
20if the person has been convicted of 2 or more of the following
21offenses:
22        (1) a violation of Section 3.02 of this Act;
23        (2) a violation of Section 4.01 of this Act; or
24        (3) a violation of Section 48-1 of the Criminal Code
25    of 2012.
26    (e) A person who violates the prohibition against owning,

 

 

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1possessing, harboring, having custody, or having control of
2animals is subject to immediate forfeiture of any animal
3illegally owned in violation of subsection (c). A person who
4owns, possesses, harbors, has custody, or has control of an
5animal in violation of an order issued under subsection (c) is
6also subject to the civil and criminal contempt power of the
7court and, if found guilty of criminal contempt, may be
8subject to imprisonment for not more than 90 days, a fine of
9not more than $2,500, or both.
10(Source: P.A. 102-114, eff. 1-1-22.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.