Rep. Brian W. Stewart

Filed: 4/17/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1847

2    AMENDMENT NO. ______. Amend House Bill 1847 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Humane Care for Animals Act is amended by
5changing Sections 3.04 and 3.05 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, or 3.03 of this Act may lawfully take possession of
11some or all of the companion animals in the possession of the
12person arrested. The officer, after taking possession of the
13companion animals, must file with the court before whom the
14complaint is made against any person so arrested an affidavit
15stating the name of the person charged in the complaint, a
16description of the condition of the companion animal or

 

 

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1companion animals taken, and the time and place the companion
2animal or companion animals were taken, together with the name
3of the person from whom the companion animal or companion
4animals were taken and name of the person who claims to own the
5companion animal or companion animals if different from the
6person from whom the companion animal or companion animals were
7seized. He or she must at the same time deliver an inventory of
8the companion animal or companion animals taken to the court of
9competent jurisdiction. The officer must place the companion
10animal or companion animals in the custody of an animal control
11or animal shelter and the agency must retain custody of the
12companion animal or companion animals subject to an order of
13the court adjudicating the charges on the merits and before
14which the person complained against is required to appear for
15trial. If, upon seizure of the animal and the filing of
16charges, the person complained against refuses to relinquish an
17animal, the court having criminal jurisdiction over the alleged
18charges shall schedule a hearing on the disposition of the
19animal. The hearing shall be held within 30 days after the
20animal's seizure. At the hearing, the State's Attorney shall
21ask for permanent forfeiture of the companion animal seized.
22Notice of the hearing shall be served on the impounding agency,
23the owner, and anyone claiming an interest in the animal. At
24the hearing for forfeiture prior to trial, The State's Attorney
25may, within 14 days after the seizure, file a "petition for
26forfeiture prior to trial" before the court having criminal

 

 

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1jurisdiction over the alleged charges, asking for permanent
2forfeiture of the companion animals seized. The petition shall
3be filed with the court, with copies served on the impounding
4agency, the owner, and anyone claiming an interest in the
5animals. In a "petition for forfeiture prior to trial", the
6burden is on the prosecution to prove by a preponderance of the
7evidence that the person arrested violated Section 3.01, 3.02,
83.03, or 4.01 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 posted at the place of seizure, or delivered to
15a person residing at the place of seizure or, if the address of
16the owner is different from the address of the person from whom
17the companion animal or companion animals were seized,
18delivered by registered mail to his or her last known address.
19    (c) In addition to any other penalty provided by law, upon
20conviction for violating Sections 3, 3.01, 3.02, or 3.03 the
21court may order the convicted person to forfeit to an animal
22control or animal shelter the animal or animals that are the
23basis of the conviction. Upon an order of forfeiture, the
24convicted person is deemed to have permanently relinquished all
25rights to the animal or animals that are the basis of the
26conviction. The forfeited animal or animals shall be adopted or

 

 

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1humanely euthanized. In no event may the convicted person or
2anyone residing in his or her household be permitted to adopt
3the forfeited animal or animals. The court, additionally, may
4order that the convicted person and persons dwelling in the
5same household as the convicted person who conspired, aided, or
6abetted in the unlawful act that was the basis of the
7conviction, or who knew or should have known of the unlawful
8act, may not own, harbor, or have custody or control of any
9other animals for a period of time that the court deems
10reasonable.
11(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
12    (510 ILCS 70/3.05)
13    Sec. 3.05. Security for companion animals and animals used
14for fighting purposes.
15    (a) In the case of companion animals as defined in Section
162.01a or animals used for fighting purposes in violation of
17Section 4.01 of this Act or Section 26-5 or 48-1 of the
18Criminal Code of 1961 or the Criminal Code of 2012, or when
19animals are seized under subsection (a) of Section 3.04 of this
20Act, the court shall order the animal control or animal shelter
21having custody of the animal or animals may file a petition
22with the court requesting that the person from whom the animal
23or animals are seized, or the owner of the animal or animals,
24be ordered to post security. The security must be in an amount
25sufficient to secure payment of all reasonable expenses

 

 

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1expected to be incurred by the animal control or animal shelter
2in caring for and providing for the animal or animals pending
3the disposition of the charges. Reasonable expenses include,
4but are not limited to, estimated medical care and boarding of
5the animal or animals for 30 days. The amount of the security
6shall be determined by the court after taking into
7consideration all of the facts and circumstances of the case,
8including, but not limited to, the recommendation of the
9impounding organization having custody and care of the seized
10animal or animals and the cost of caring for the animal or
11animals. If security has been posted in accordance with this
12Section, the animal control or animal shelter may draw from the
13security the actual costs incurred by the agency in caring for
14the seized animal or animals.
15    (b) The court Upon receipt of a petition, the court must
16set a hearing on the petition, to be conducted within 5
17business days after the petition is filed. The petitioner must
18serve a true copy of the order petition upon the defendant and
19the State's Attorney for the county in which the animal or
20animals were seized. The court petitioner must also serve a
21true copy of the petition on any interested person. For the
22purposes of this subsection, "interested person" means an
23individual, partnership, firm, joint stock company,
24corporation, association, trust, estate, or other legal entity
25that the court determines may have a pecuniary interest in the
26animal or animals that are the subject of the petition. The

 

 

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1court must set a hearing date to determine any interested
2parties. The court may waive for good cause shown the posting
3of security.
4    (c) If the court orders the posting of security, the
5security must be posted with the clerk of the court within 5
6business days after the hearing. If the person ordered to post
7security does not do so, the animal or animals are forfeited by
8operation of law and the animal control or animal shelter
9having control of the animal or animals must dispose of the
10animal or animals through adoption or must humanely euthanize
11the animal. In no event may the defendant or any person
12residing in the defendant's household adopt the animal or
13animals.
14    (d) The impounding organization may file a petition with
15the court upon the expiration of the 30-day period requesting
16the posting of additional security. The court may order the
17person from whom the animal or animals were seized, or the
18owner of the animal or animals, to post additional security
19with the clerk of the court to secure payment of reasonable
20expenses for an additional period of time pending a
21determination by the court of the charges against the person
22from whom the animal or animals were seized.
23    (e) In no event may the security prevent the impounding
24organization having custody and care of the animal or animals
25from disposing of the animal or animals before the expiration
26of the 30-day period covered by the security if the court makes

 

 

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1a final determination of the charges against the person from
2whom the animal or animals were seized. Upon the adjudication
3of the charges, the person who posted the security is entitled
4to a refund of the security, in whole or in part, for any
5expenses not incurred by the impounding organization.
6    (f) Notwithstanding any other provision of this Section to
7the contrary, the court may order a person charged with any
8violation of this Act to provide necessary food, water,
9shelter, and care for any animal or animals that are the basis
10of the charge without the removal of the animal or animals from
11their existing location and until the charges against the
12person are adjudicated. Until a final determination of the
13charges is made, any law enforcement officer, animal control
14officer, Department investigator, or an approved humane
15investigator may be authorized by an order of the court to make
16regular visits to the place where the animal or animals are
17being kept to ascertain if the animal or animals are receiving
18necessary food, water, shelter, and care. Nothing in this
19Section prevents any law enforcement officer, Department
20investigator, or approved humane investigator from applying
21for a warrant under this Section to seize any animal or animals
22being held by the person charged pending the adjudication of
23the charges if it is determined that the animal or animals are
24not receiving the necessary food, water, shelter, or care.
25    (g) Nothing in this Act shall be construed to prevent the
26voluntary, permanent relinquishment of any animal by its owner

 

 

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1to an animal control or animal shelter in lieu of posting
2security or proceeding to a forfeiture hearing. Voluntary
3relinquishment shall have no effect on the criminal charges
4that may be pursued by the appropriate authorities.
5    (h) If an owner of a companion animal is acquitted by the
6court of charges made pursuant to this Act, the court shall
7further order that any security that has been posted for the
8animal shall be returned to the owner by the impounding
9organization.
10    (i) The provisions of this Section only pertain to
11companion animals and animals used for fighting purposes.
12(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)".