Rep. Maura Hirschauer

Filed: 5/1/2023

 

 


 

 


 
10300SB1499ham001LRB103 04557 RLC 61220 a

1
AMENDMENT TO SENATE BILL 1499

2    AMENDMENT NO. ______. Amend Senate Bill 1499 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Humane Care for Animals Act is amended by
5changing Section 3.04 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
103.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, or 7.1, or 7.15
11of this 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

 

 

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1condition of the companion animal or companion animals taken,
2and the time and place the companion animal or companion
3animals were taken, together with the name of the person from
4whom the companion animal or companion animals were taken and
5name of the person who claims to own the companion animal or
6companion animals if different from the person from whom the
7companion animal or companion animals were seized. He or she
8must at the same time deliver an inventory of the companion
9animal or companion animals taken to the court of competent
10jurisdiction. The officer must place the companion animal or
11companion animals in the custody of an animal control or
12animal shelter and the agency must retain custody of the
13companion animal or companion animals subject to an order of
14the court adjudicating the charges on the merits and before
15which the person complained against is required to appear for
16trial. If the animal control or animal shelter owns no
17facility capable of housing the companion animals, has no
18space to house the companion animals, or is otherwise unable
19to house the companion animals or the health or condition of
20the animals prevents their removal, the animals shall be
21impounded at the site of the violation pursuant to a court
22order authorizing the impoundment, provided that the person
23charged is an owner of the property. Employees or agents of the
24animal control or animal shelter or law enforcement shall have
25the authority to access the on-site impoundment property for
26the limited purpose of providing care and veterinary treatment

 

 

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1for the impounded animals and ensuring their well-being and
2safety. Upon impoundment, a petition for posting of security
3may be filed under Section 3.05 of this Act. Disposition of the
4animals shall be controlled by Section 3.06 of this Act. The
5State's Attorney may, within 14 days after the seizure, file a
6"petition for forfeiture prior to trial" before the court
7having criminal jurisdiction over the alleged charges, asking
8for permanent forfeiture of the companion animals seized. The
9petition shall be filed with the court, with copies served on
10the impounding agency, the owner, and anyone claiming an
11interest in the animals. In a "petition for forfeiture prior
12to trial", the burden is on the prosecution to prove by a
13preponderance of the evidence that the person arrested
14violated Section 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04,
156, or 7.1, or 7.15 of this Act or Section 26-5 or 48-1 of the
16Criminal Code of 1961 or the Criminal Code of 2012.
17    (b) An owner whose companion animal or companion animals
18are removed by a law enforcement officer under this Section
19must be given written notice of the circumstances of the
20removal and of any legal remedies available to him or her. The
21notice must be delivered in person, posted at the place of
22seizure, or delivered to a person residing at the place of
23seizure or, if the address of the owner is different from the
24address of the person from whom the companion animal or
25companion animals were seized, delivered by registered mail to
26his or her last known address.

 

 

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1    (c) In addition to any other penalty provided by law, upon
2conviction of or being placed on supervision for violating
3Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, or
47.1, or 7.15 of this Act or Section 26-5 or 48-1 of the
5Criminal Code of 1961 or the Criminal Code of 2012, the court
6may order the convicted person convicted or placed on
7supervision to forfeit to an animal control or animal shelter
8the animal or animals that are the basis of the conviction or
9order for supervision. Upon an order of forfeiture, the
10convicted person convicted or placed on supervision is deemed
11to have permanently relinquished all rights to the animal or
12animals that are the basis of the conviction or order for
13supervision, if not already. The forfeited animal or animals
14shall be adopted or humanely euthanized. In no event may the
15convicted person convicted or placed on supervision, or anyone
16residing in his or her household be permitted to adopt or
17otherwise possess the forfeited animal or animals. The court,
18additionally, may order that the convicted person convicted or
19placed on supervision, and persons dwelling in the same
20household as the convicted person convicted or placed on
21supervision who conspired, aided, or abetted in the unlawful
22act that was the basis of the conviction or order for
23supervision, or who knew or should have known of the unlawful
24act, may not own, possess, harbor, or have custody or control
25of any other animals for a period of time that the court deems
26reasonable, up to and including permanent relinquishment.

 

 

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1    (d) In addition to any other penalty, the court may order
2that a person and persons dwelling in the same household may
3not own, harbor, or have custody or control of any other animal
4if the person has been convicted of 2 or more of the following
5offenses:
6        (1) a violation of Section 3.02 of this Act;
7        (2) a violation of Section 4.01 of this Act; or
8        (3) a violation of Section 48-1 of the Criminal Code
9    of 2012.
10    (e) A person who violates the prohibition against owning,
11possessing, harboring, having custody, or having control of
12animals is subject to immediate forfeiture of any animal
13illegally owned in violation of subsection (c). A person who
14owns, possesses, harbors, has custody, or has control of an
15animal in violation of an order issued under subsection (c) is
16also subject to the civil and criminal contempt power of the
17court and, if found guilty of criminal contempt, may be
18subject to imprisonment for not more than 90 days, a fine of
19not more than $2,500, or both.
20(Source: P.A. 102-114, eff. 1-1-22.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".