Bill Amendment: IL HB2810 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ANIMALS-TECH

Status: 2017-09-15 - Public Act . . . . . . . . . 100-0504 [HB2810 Detail]

Download: Illinois-2017-HB2810-House_Amendment_002.html

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Rep. Ryan Spain

Filed: 4/24/2017

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AMENDMENT TO HOUSE BILL 2810
AMENDMENT NO. ______. Amend House Bill 2810, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Humane Care for Animals Act is amended by
changing Sections 3.04, 3.05, and 4 as follows:
(510 ILCS 70/3.04)
Sec. 3.04. Arrests and seizures; penalties.
(a) Any law enforcement officer making an arrest for an
offense involving one or more companion animals under Section
3.01, 3.02, or 3.03, 4.01, or 7.1 of this Act may lawfully take
possession of some or all of the companion animals in the
possession of the person arrested. The officer, after taking
possession of the companion animals, must file with the court
before whom the complaint is made against any person so
arrested an affidavit stating the name of the person charged in

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the complaint, a description of the condition of the companion
animal or companion animals taken, and the time and place the
companion animal or companion animals were taken, together with
the name of the person from whom the companion animal or
companion animals were taken and name of the person who claims
to own the companion animal or companion animals if different
from the person from whom the companion animal or companion
animals were seized. He or she must at the same time deliver an
inventory of the companion animal or companion animals taken to
the court of competent jurisdiction. The officer must place the
companion animal or companion animals in the custody of an
animal control or animal shelter and the agency must retain
custody of the companion animal or companion animals subject to
an order of the court adjudicating the charges on the merits
and before which the person complained against is required to
appear for trial. If the animal control or animal shelter owns
no facility capable of housing the companion animals, has no
space to house the companion animals, or is otherwise unable to
house the companion animals or the health or condition of the
animals prevents their removal, the animals shall be impounded
at the site of the violation pursuant to a court order
authorizing the impoundment, provided that the person charged
is an owner of the property. Employees or agents of the animal
control or animal shelter or law enforcement shall have the
authority to access the on-site impoundment property for the
limited purpose of providing care and veterinary treatment for

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

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(c) In addition to any other penalty provided by law, upon
conviction for violating Sections 3, 3.01, 3.02, or 3.03, 4.01,
or 7.1 of this Act or Section 26-5 or 48-1 of the Criminal Code
of 1961 or the Criminal Code of 2012, the court may order the
convicted person to forfeit to an animal control or animal
shelter the animal or animals that are the basis of the
conviction. Upon an order of forfeiture, the convicted person
is deemed to have permanently relinquished all rights to the
animal or animals that are the basis of the conviction, if not
already. The forfeited animal or animals shall be adopted or
humanely euthanized. In no event may the convicted person or
anyone residing in his or her household be permitted to adopt
or otherwise possess the forfeited animal or animals. The
court, additionally, may order that the convicted person and
persons dwelling in the same household as the convicted person
who conspired, aided, or abetted in the unlawful act that was
the basis of the conviction, or who knew or should have known
of the unlawful act, may not own, harbor, or have custody or
control of any other animals for a period of time that the
court deems reasonable.
(Source: P.A. 99-321, eff. 1-1-16.)
(510 ILCS 70/3.05)
Sec. 3.05. Security for companion animals and animals used
for fighting purposes.
(a) In the case of companion animals as defined in Section

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2.01a or animals used for fighting purposes in violation of
Section 4.01 of this Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 or a
violation of 3.01, 3.02, 3.03, or 7.1 of this Act, the animal
control or animal shelter having custody of the animal or
animals may file a petition with the court requesting that the
person from whom the animal or animals are seized, or the owner
of the animal or animals, be ordered to post security. The
security must be in an amount sufficient to secure payment of
all reasonable expenses expected to be incurred by the animal
control or animal shelter in caring for and providing for the
animal or animals pending the disposition of the charges.
Reasonable expenses include, but are not limited to, estimated
medical care and boarding of the animal or animals for 30 days.
The amount of the security shall be determined by the court
after taking into consideration all of the facts and
circumstances of the case, including, but not limited to, the
recommendation of the impounding organization having custody
and care of the seized animal or animals and the cost of caring
for the animal or animals. If security has been posted in
accordance with this Section, the animal control or animal
shelter may draw from the security the actual costs incurred by
the agency in caring for the seized animal or animals.
(b) Upon receipt of a petition, the court must set a
hearing on the petition, to be conducted within 5 business days
after the petition is filed. The petitioner must serve a true

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copy of the petition upon the defendant and the State's
Attorney for the county in which the animal or animals were
seized. The petitioner must also serve a true copy of the
petition on any interested person. For the purposes of this
subsection, "interested person" means an individual,
partnership, firm, joint stock company, corporation,
association, trust, estate, or other legal entity that the
court determines may have a pecuniary interest in the animal or
animals that are the subject of the petition. The court must
set a hearing date to determine any interested parties. The
court may waive for good cause shown the posting of security.
(c) If the court orders the posting of security, the
security must be posted with the clerk of the court within 5
business days after the hearing. If the person ordered to post
security does not do so, the animal or animals are forfeited by
operation of law and the animal control or animal shelter
having control of the animal or animals must dispose of the
animal or animals through adoption or must humanely euthanize
the animal. In no event may the defendant or any person
residing in the defendant's household adopt the animal or
animals.
(d) The impounding organization may file a petition with
the court upon the expiration of the 30-day period requesting
the posting of additional security. The court may order the
person from whom the animal or animals were seized, or the
owner of the animal or animals, to post additional security

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with the clerk of the court to secure payment of reasonable
expenses for an additional period of time pending a
determination by the court of the charges against the person
from whom the animal or animals were seized.
(e) In no event may the security prevent the impounding
organization having custody and care of the animal or animals
from disposing of the animal or animals before the expiration
of the 30-day period covered by the security if the court makes
a final determination of the charges against the person from
whom the animal or animals were seized. Upon the adjudication
of the charges, the person who posted the security is entitled
to a refund of the security, in whole or in part, for any
expenses not incurred by the impounding organization.
(f) Notwithstanding any other provision of this Section to
the contrary, the court may order a person charged with any
violation of this Act to provide necessary food, water,
shelter, and care for any animal or animals that are the basis
of the charge without the removal of the animal or animals from
their existing location and until the charges against the
person are adjudicated. Until a final determination of the
charges is made, any law enforcement officer, animal control
officer, Department investigator, or an approved humane
investigator may be authorized by an order of the court to make
regular visits to the place where the animal or animals are
being kept to ascertain if the animal or animals are receiving
necessary food, water, shelter, and care. Nothing in this

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Section prevents any law enforcement officer, Department
investigator, or approved humane investigator from applying
for a warrant under this Section to seize any animal or animals
being held by the person charged pending the adjudication of
the charges if it is determined that the animal or animals are
not receiving the necessary food, water, shelter, or care.
(g) Nothing in this Act shall be construed to prevent the
voluntary, permanent relinquishment of any animal by its owner
to an animal control or animal shelter in lieu of posting
security or proceeding to a forfeiture hearing. Voluntary
relinquishment shall have no effect on the criminal charges
that may be pursued by the appropriate authorities.
(h) If an owner of a companion animal is acquitted by the
court of charges made pursuant to this Act, the court shall
further order that any security that has been posted for the
animal shall be returned to the owner by the impounding
organization.
(i) The provisions of this Section only pertain to
companion animals and animals used for fighting purposes.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(510 ILCS 70/4) (from Ch. 8, par. 704)
Sec. 4. Prohibited acts. No person may sell, offer for
sale, barter, or give away as a pet or a novelty any rabbit or
any baby chick, duckling or other fowl which has been dyed,
colored, or otherwise treated to impart an artificial color

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thereto. Baby chicks or ducklings shall not be sold, offered
for sale, bartered, or given away as pets or novelties.
Rabbits, ducklings or baby chicks shall not be awarded as
prizes.
No person may allow for the adoption, transfer, sale, offer
for sale, barter, or give away as a pet a dog or cat forfeited
or relinquished under Section 3.04 or 3.05 of this Act to the
person who forfeited the animal or a person residing in that
person's household.
A person convicted of violating this Section is guilty of a
Class B misdemeanor. A second or subsequent violation is a
Class 4 felony, with every day that a violation continues
constituting a separate offense.
(Source: P.A. 92-650, eff. 7-11-02.)".