Full Text of HB1847 99th General Assembly
HB1847ham001 99TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Humane Care for Animals Act is amended by | 5 | | changing 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 | 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
| 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
| 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
| 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, upon seizure of the animal and the filing of | 16 | | charges, the person complained against refuses to relinquish an | 17 | | animal, the court having criminal jurisdiction over the alleged | 18 | | charges shall schedule a hearing on the disposition of the | 19 | | animal. The hearing shall be held within 30 days after the | 20 | | animal's seizure. At the hearing, the State's Attorney shall | 21 | | ask for permanent forfeiture of the companion animal seized. | 22 | | Notice of the hearing shall be served on the impounding agency, | 23 | | the owner, and anyone claiming an interest in the animal. At | 24 | | the hearing for forfeiture prior to trial, The State's Attorney | 25 | | may, within 14
days after the seizure, file a "petition for | 26 | | forfeiture prior to trial" before
the court having criminal |
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| 1 | | jurisdiction over the alleged charges, asking for
permanent | 2 | | forfeiture of the companion animals seized. The petition shall | 3 | | be
filed with the court, with copies served on the impounding | 4 | | agency, the owner,
and anyone claiming an interest in the | 5 | | animals. In a "petition for forfeiture
prior to trial", the | 6 | | burden is on the prosecution to prove by a preponderance
of the | 7 | | evidence that the person arrested violated Section 3.01, 3.02, | 8 | | 3.03, or
4.01 of this Act or Section 26-5 or 48-1 of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 10 | | (b) An owner whose companion animal or companion animals | 11 | | are removed by a
law enforcement officer under this Section | 12 | | must be given written notice of
the circumstances of the | 13 | | removal and of any legal remedies available to him
or her. The | 14 | | notice must be posted at the place of seizure, or delivered to
| 15 | | a person residing at the place of seizure or, if the address of | 16 | | the owner is
different from the address of the person from whom | 17 | | the companion animal or
companion animals were seized, | 18 | | delivered by registered mail to his or her last
known address.
| 19 | | (c) In addition to any other penalty provided by law, upon | 20 | | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | 21 | | court may order the convicted
person to forfeit to an animal | 22 | | control or animal shelter
the animal
or animals that are the | 23 | | basis of the conviction. Upon an order of
forfeiture, the | 24 | | convicted person is deemed to have permanently
relinquished all | 25 | | rights to the animal or animals that are the basis of the
| 26 | | conviction. The forfeited animal or animals shall be adopted or |
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| 1 | | humanely
euthanized. In no event may the convicted person or | 2 | | anyone residing in
his or her household be permitted to adopt | 3 | | the forfeited animal or animals.
The court, additionally, may | 4 | | order that the convicted person and persons
dwelling in the | 5 | | same household as the convicted person who conspired, aided, or
| 6 | | abetted in the
unlawful act that was the basis of the | 7 | | conviction, or who knew or should
have known of the unlawful | 8 | | act, may not own, harbor, or have custody or
control of any | 9 | | other animals for a period of time that the court deems
| 10 | | reasonable.
| 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 | 14 | | for fighting
purposes. | 15 | | (a) In the case of companion animals as defined in Section | 16 | | 2.01a or animals
used for fighting purposes in violation of | 17 | | Section 4.01
of this Act or Section 26-5 or 48-1 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012, or when | 19 | | animals are seized under subsection (a) of Section 3.04 of this | 20 | | Act, the court shall order the animal
control or animal shelter | 21 | | having custody of the animal or animals may file a
petition | 22 | | with the court requesting that the person from whom the animal | 23 | | or
animals are seized, or the owner of the animal or animals, | 24 | | be ordered to post
security. The security must be in an amount | 25 | | sufficient to secure payment of
all reasonable expenses |
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| 1 | | expected to be incurred by the animal control or animal
shelter | 2 | | in caring for and providing for the animal or animals pending | 3 | | the
disposition of the charges. Reasonable expenses include, | 4 | | but are not limited
to, estimated medical care and boarding of | 5 | | the animal or animals for 30 days.
The amount of the security | 6 | | shall be determined by the court after taking into
| 7 | | consideration all of the facts and circumstances of the case, | 8 | | including, but
not limited to, the recommendation of the | 9 | | impounding organization having
custody and care of the seized | 10 | | animal or animals and the cost of caring for
the animal or | 11 | | animals. If security has been posted in accordance with this
| 12 | | Section, the animal control or animal shelter may draw from the | 13 | | security the
actual costs incurred by the agency in caring for | 14 | | the seized animal or animals.
| 15 | | (b) The court Upon receipt of a petition, the court must | 16 | | set a hearing on the
petition, to be conducted within 5 | 17 | | business days after the petition is filed.
The petitioner must | 18 | | serve a true copy of the order petition upon the defendant and
| 19 | | the State's Attorney for the county in which the animal or | 20 | | animals were seized.
The court petitioner must also serve a | 21 | | true copy of the petition on any interested
person. For the | 22 | | purposes of this subsection, "interested person" means an
| 23 | | individual, partnership, firm, joint stock company, | 24 | | corporation, association,
trust, estate, or other legal entity | 25 | | that the court determines may have a
pecuniary interest in the | 26 | | animal or animals that are the subject of the
petition. The |
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| 1 | | court must set a hearing date to determine any interested
| 2 | | parties. The court may waive for good cause shown the posting | 3 | | of security.
| 4 | | (c) If the court orders the posting of security, the | 5 | | security must be
posted with the clerk of the court within 5 | 6 | | business days after the hearing.
If the person ordered to post | 7 | | security does not do so, the animal or animals
are forfeited by | 8 | | operation of law and the animal control or animal shelter
| 9 | | having control of the animal or animals must dispose of the | 10 | | animal or animals
through adoption or must humanely euthanize | 11 | | the animal. In no event may the
defendant or any person | 12 | | residing in the defendant's household adopt the animal
or | 13 | | animals.
| 14 | | (d) The impounding organization may file a petition with | 15 | | the court upon the
expiration of the 30-day period requesting | 16 | | the posting of additional security.
The court may order the | 17 | | person from whom the animal or animals were seized, or
the | 18 | | owner of the animal or animals, to post additional security | 19 | | with the
clerk of the court to secure payment of reasonable | 20 | | expenses for an additional
period of time pending a | 21 | | determination by the court of the charges against the
person | 22 | | from whom the animal or animals were seized.
| 23 | | (e) In no event may the security prevent the impounding | 24 | | organization having
custody and care of the animal or animals | 25 | | from disposing of the animal or
animals before the expiration | 26 | | of the 30-day period covered by the security if
the court makes |
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| 1 | | a final determination of the charges against the person from
| 2 | | whom the animal or animals were seized. Upon the adjudication | 3 | | of the charges,
the person who posted the security is entitled | 4 | | to a refund of the security, in
whole or in part, for any | 5 | | expenses not incurred by the impounding organization.
| 6 | | (f) Notwithstanding any other provision of this Section to | 7 | | the contrary,
the court may order a person charged with any | 8 | | violation of this Act to provide
necessary food, water, | 9 | | shelter, and care for any animal or animals that are the
basis | 10 | | of the charge without the removal of the animal or animals from | 11 | | their
existing location and until the charges against the | 12 | | person are adjudicated.
Until a final determination of the | 13 | | charges is made, any law enforcement
officer, animal control | 14 | | officer, Department investigator, or an approved humane
| 15 | | investigator may be authorized by an order of the court to make | 16 | | regular visits
to the place where the animal or animals are | 17 | | being kept to ascertain if the
animal or animals are receiving | 18 | | necessary food, water, shelter, and care.
Nothing in this | 19 | | Section prevents any law enforcement officer, Department
| 20 | | investigator, or approved humane investigator from applying | 21 | | for a warrant under
this Section to seize any animal or animals | 22 | | being held by the person charged
pending the adjudication of | 23 | | the charges if it is determined that the animal or
animals are | 24 | | not receiving the necessary food, water, shelter, or care.
| 25 | | (g) Nothing in this Act shall be construed to prevent the | 26 | | voluntary,
permanent relinquishment of any animal by its owner |
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| 1 | | to an animal
control or animal shelter in lieu of posting | 2 | | security or proceeding to a
forfeiture hearing. Voluntary | 3 | | relinquishment shall have no effect on the
criminal charges | 4 | | that may be pursued by the appropriate authorities.
| 5 | | (h) If an owner of a companion animal is acquitted by the | 6 | | court of charges
made pursuant to this Act, the court shall | 7 | | further order that any security that
has been posted for the | 8 | | animal shall be returned to the owner by the impounding
| 9 | | organization.
| 10 | | (i) The provisions of this Section only pertain to | 11 | | companion animals and
animals used for fighting purposes.
| 12 | | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)".
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