Bill Amendment: IL SB1499 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COMPANION ANIMAL-FORFEITURE
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0490 [SB1499 Detail]
Download: Illinois-2023-SB1499-House_Amendment_001.html
Bill Title: COMPANION ANIMAL-FORFEITURE
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0490 [SB1499 Detail]
Download: Illinois-2023-SB1499-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1499
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2 | AMENDMENT NO. ______. Amend Senate Bill 1499 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Humane Care for Animals Act is amended by | ||||||
5 | changing Section 3.04 as follows:
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6 | (510 ILCS 70/3.04)
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7 | Sec. 3.04. Arrests and seizures; penalties.
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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, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, or 7.1 , or 7.15 | ||||||
11 | of this Act
may lawfully take possession of some or all of the | ||||||
12 | companion animals in the
possession of the person arrested. | ||||||
13 | The officer, after taking possession of the
companion animals, | ||||||
14 | must file with the court before whom the complaint is made
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15 | against any person so arrested an affidavit stating the name | ||||||
16 | of the person
charged in the complaint, a description of the |
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1 | condition of the companion
animal or companion animals taken, | ||||||
2 | and the time and place the companion animal
or companion | ||||||
3 | animals were taken, together with the name of the person from
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4 | whom the companion animal or companion animals were taken and | ||||||
5 | name of the
person who claims to own the companion animal or | ||||||
6 | companion animals if different
from the person from whom the | ||||||
7 | companion animal or companion animals were
seized. He or she | ||||||
8 | must at the same time deliver an inventory of the companion
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9 | animal or companion animals taken to the court of competent | ||||||
10 | jurisdiction. The
officer must place the companion animal or | ||||||
11 | companion animals in the custody of
an animal control or | ||||||
12 | animal shelter and the agency must retain custody of the
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13 | companion animal or companion animals subject to an order of | ||||||
14 | the court
adjudicating the charges on the merits and before | ||||||
15 | which the person complained
against is required to appear for | ||||||
16 | trial. If the animal control or animal shelter owns no | ||||||
17 | facility capable of housing the companion animals, has no | ||||||
18 | space to house the companion animals, or is otherwise unable | ||||||
19 | to house the companion animals or the health or condition of | ||||||
20 | the animals prevents their removal, the animals shall be | ||||||
21 | impounded at the site of the violation pursuant to a court | ||||||
22 | order authorizing the impoundment, provided that the person | ||||||
23 | charged is an owner of the property. Employees or agents of the | ||||||
24 | animal control or animal shelter or law enforcement shall have | ||||||
25 | the authority to access the on-site impoundment property for | ||||||
26 | the limited purpose of providing care and veterinary treatment |
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1 | for the impounded animals and ensuring their well-being and | ||||||
2 | safety. Upon impoundment, a petition for posting of security | ||||||
3 | may be filed under Section 3.05 of this Act. Disposition of the | ||||||
4 | animals shall be controlled by Section 3.06 of this Act. The | ||||||
5 | State's Attorney may, within 14
days after the seizure, file a | ||||||
6 | "petition for forfeiture prior to trial" before
the court | ||||||
7 | having criminal jurisdiction over the alleged charges, asking | ||||||
8 | for
permanent forfeiture of the companion animals seized. The | ||||||
9 | petition shall be
filed with the court, with copies served on | ||||||
10 | the impounding agency, the owner,
and anyone claiming an | ||||||
11 | interest in the animals. In a "petition for forfeiture
prior | ||||||
12 | to trial", the burden is on the prosecution to prove by a | ||||||
13 | preponderance
of the evidence that the person arrested | ||||||
14 | violated Section 3.01, 3.02, 3.03, 3.03-1,
4.01, 4.03, 4.04, | ||||||
15 | 6, or 7.1 , or 7.15 of this Act or Section 26-5 or 48-1 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012.
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17 | (b) An owner whose companion animal or companion animals | ||||||
18 | are removed by a
law enforcement officer under this Section | ||||||
19 | must be given written notice of
the circumstances of the | ||||||
20 | removal and of any legal remedies available to him
or her. The | ||||||
21 | notice must be delivered in person, posted at the place of | ||||||
22 | seizure, or delivered to
a person residing at the place of | ||||||
23 | seizure or, if the address of the owner is
different from the | ||||||
24 | address of the person from whom the companion animal or
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25 | companion animals were seized, delivered by registered mail to | ||||||
26 | his or her last
known address.
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1 | (c) In addition to any other penalty provided by law, upon | ||||||
2 | conviction of or being placed on supervision for
violating | ||||||
3 | Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, or | ||||||
4 | 7.1 , or 7.15 of this Act or Section 26-5 or 48-1 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012, the court | ||||||
6 | may order the convicted
person convicted or placed on | ||||||
7 | supervision to forfeit to an animal control or animal shelter
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8 | the animal
or animals that are the basis of the conviction or | ||||||
9 | order for supervision . Upon an order of
forfeiture, the | ||||||
10 | convicted person convicted or placed on supervision is deemed | ||||||
11 | to have permanently
relinquished all rights to the animal or | ||||||
12 | animals that are the basis of the
conviction or order for | ||||||
13 | supervision , if not already. The forfeited animal or animals | ||||||
14 | shall be adopted or humanely
euthanized. In no event may the | ||||||
15 | convicted person convicted or placed on supervision, or anyone | ||||||
16 | residing in
his or her household be permitted to adopt or | ||||||
17 | otherwise possess the forfeited animal or animals.
The court, | ||||||
18 | additionally, may order that the convicted person convicted or | ||||||
19 | placed on supervision, and persons
dwelling in the same | ||||||
20 | household as the convicted person convicted or placed on | ||||||
21 | supervision who conspired, aided, or
abetted in the
unlawful | ||||||
22 | act that was the basis of the conviction or order for | ||||||
23 | supervision , or who knew or should
have known of the unlawful | ||||||
24 | act, may not own, possess, harbor, or have custody or
control | ||||||
25 | of any other animals for a period of time that the court deems
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26 | reasonable , up to and including permanent relinquishment .
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1 | (d) In addition to any other penalty, the court may order | ||||||
2 | that a person and persons dwelling in the same household may | ||||||
3 | not own, harbor, or have custody or control of any other animal | ||||||
4 | if the person has been convicted of 2 or more of the following | ||||||
5 | offenses: | ||||||
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, | ||||||
11 | possessing, harboring, having custody, or having control of
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12 | animals is subject to immediate forfeiture of any animal
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13 | illegally owned in violation of subsection (c). A person who
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14 | owns, possesses, harbors, has custody, or has control of an
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15 | animal in violation of an order issued under subsection (c) is
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16 | also subject to the civil and criminal contempt power of the
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17 | court and, if found guilty of criminal contempt, may be
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18 | subject to imprisonment for not more than 90 days, a fine of | ||||||
19 | not more than $2,500, or both. | ||||||
20 | (Source: P.A. 102-114, eff. 1-1-22 .)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
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