Illinois General Assembly - Full Text of SB2847
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Full Text of SB2847  99th General Assembly

SB2847 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2847

 

Introduced 2/17/2016, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/3.04

    Amends the Humane Care for Animals Act. Provides that if, upon seizure of the animal and the filing of charges, the person complained against refuses to relinquish an animal, the court having criminal jurisdiction over the alleged charges shall schedule a hearing on the disposition of the animal. Provides that the hearing shall be held within 30 days after the animal's seizure. Provides that at the hearing, the State's Attorney shall ask for permanent forfeiture of the companion animal seized. Provides that notice of the hearing shall be served on the impounding agency, the owner, and anyone claiming an interest in the animal. Provides that at the hearing for forfeiture prior to trial, the burden is on the prosecution to prove by a preponderance of the evidence that the person arrested violated specified provisions of the Act, the Criminal Code of 1961, or the Criminal Code of 2012. Provides that if the prosecution fails to meet this burden, the court shall order the owner to post security.


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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
103.01, 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
17companion animals taken, and the time and place the companion
18animal or companion animals were taken, together with the name
19of the person from whom the companion animal or companion
20animals were taken and name of the person who claims to own the
21companion animal or companion animals if different from the
22person from whom the companion animal or companion animals were
23seized. He or she must at the same time deliver an inventory of

 

 

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

 

 

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1hearing shall be held within 30 days after the animal's
2seizure. At the hearing, the State's Attorney shall ask for
3permanent forfeiture of the companion animal seized. Notice of
4the hearing shall be served on the impounding agency, the
5owner, and anyone claiming an interest in the animal. At the
6hearing for forfeiture prior to trial The State's Attorney may,
7within 14 days after the seizure, file a "petition for
8forfeiture prior to trial" before the court having criminal
9jurisdiction over the alleged charges, asking for permanent
10forfeiture of the companion animals seized. The petition shall
11be filed with the court, with copies served on the impounding
12agency, the owner, and anyone claiming an interest in the
13animals. In a "petition for forfeiture prior to trial", the
14burden is on the prosecution to prove by a preponderance of the
15evidence that the person arrested violated Section 3.01, 3.02,
163.03, or 4.01 of this Act or Section 26-5 or 48-1 of the
17Criminal Code of 1961 or the Criminal Code of 2012. If the
18prosecution fails to meet this burden, the court shall order
19the owner to post security pursuant to Section 3.05.
20    (b) An owner whose companion animal or companion animals
21are removed by a law enforcement officer under this Section
22must be given written notice of the circumstances of the
23removal and of any legal remedies available to him or her. The
24notice must be posted at the place of seizure, or delivered to
25a person residing at the place of seizure or, if the address of
26the owner is different from the address of the person from whom

 

 

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1the companion animal or companion animals were seized,
2delivered by registered mail to his or her last known address.
3    (c) In addition to any other penalty provided by law, upon
4conviction for violating Sections 3, 3.01, 3.02, or 3.03 the
5court may order the convicted person to forfeit to an animal
6control or animal shelter the animal or animals that are the
7basis of the conviction. Upon an order of forfeiture, the
8convicted person is deemed to have permanently relinquished all
9rights to the animal or animals that are the basis of the
10conviction. The forfeited animal or animals shall be adopted or
11humanely euthanized. In no event may the convicted person or
12anyone residing in his or her household be permitted to adopt
13the forfeited animal or animals. The court, additionally, may
14order that the convicted person and persons dwelling in the
15same household as the convicted person who conspired, aided, or
16abetted in the unlawful act that was the basis of the
17conviction, or who knew or should have known of the unlawful
18act, may not own, harbor, or have custody or control of any
19other animals for a period of time that the court deems
20reasonable.
21(Source: P.A. 99-321, eff. 1-1-16.)