Bill Text: IL HB3381 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Humane Care for Animals Act. Provides that in addition to any other penalty, the court shall order that a person and persons dwelling in the same household may not own, harbor, or have custody or control of any other animal if the person has been convicted of 2 or more of the following offenses: (1) a violation of aggravated cruelty; (2) a violation of animals for entertainment; or (3) a violation of dog fighting.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Engrossed - Dead) 2019-05-17 - Rule 3-9(a) / Re-referred to Assignments [HB3381 Detail]

Download: Illinois-2019-HB3381-Engrossed.html

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AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Humane Care for Animals Act is amended by
changing Section 3.04 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, 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
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

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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
the impounded animals and ensuring their well-being and safety.
Upon 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

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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, 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.
(c) In addition to any other penalty provided by law, upon
conviction for violating Sections 3, 3.01, 3.02, 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

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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.
(d) In addition to any other penalty, the court shall order
that a person and persons dwelling in the same household may
not own, harbor, or have custody or control of any other animal
if the person has been convicted of 2 or more of the following
offenses:
(1) a violation of Section 3.02;
(2) a violation of Section 4.01; or
(3) a violation of Section 48-1 of the Criminal Code of
2012.
(Source: P.A. 99-321, eff. 1-1-16; 100-504, eff. 6-1-18.)