Bill Text: IL HB4540 | 2025-2026 | 104th General Assembly | Enrolled

---

Bill Title: Provides that the Act may be referred to as the Companion Animal Custody Equity Act. Amends the Replevin Article of the Code of Civil Procedure. Makes "companion animals" subject to the Replevin Article. Defines a "companion animal" to mean an animal that is commonly considered to be, or is considered by the owner to be, a pet. Provides that "companion animal" includes, but is not limited to, canines, felines, and equines. Provides that if a companion animal is the subject of an action of replevin, at the initiation and pendency of a dispute, a court, exercising discretion set forth in the new provisions, may issue temporary possession or caregiving orders, including limited visitation, if necessary to reduce stress or disruption to the companion animal. References current replevin law regarding exceptions to the requirement of notice. Provides criteria for judicial determinations in a possession dispute involving a companion animal.

Sponsorship: Partisan Bill (Democrat 9)

Status: (Passed) 2026-07-24 - Public Act . . . . . . . . . 104-0613 [HB4540 Detail]

Download: Illinois-2025-HB4540-Enrolled.html

---

HB4540 Enrolled LRB104 17489 JRC 30915 b
AN ACT concerning companion animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Companion
Animal Custody Equity Act.
Section 5. Findings; purpose. The General Assembly finds
that:
(1) Companion animals often occupy a unique role
within households that is not fully reflected in existing
statutory frameworks governing possession disputes.
(2) Current Illinois law permits courts to consider
the well-being of a companion animal primarily within
dissolution of marriage proceedings.
(3) In disputes involving unmarried parties, courts
may lack explicit statutory guidance to evaluate
caregiving history or animal welfare.
(4) Providing courts with limited discretion to
consider such factors promotes consistency, clarity, and
fairness in judicial decision-making.
(5) The purpose of this Act is to provide courts with
guidance when resolving possession disputes involving
companion animals while preserving existing property law
principles.

HB4540 Enrolled - 2 - LRB104 17489 JRC 30915 b
Section 10. The Code of Civil Procedure is amended by
changing Section 19-101 and by adding Sections 19-106.5 and
19-130 as follows:
(735 ILCS 5/19-101) (from Ch. 110, par. 19-101)
Sec. 19-101. When brought.
(a) Whenever any goods or chattels have been wrongfully
distrained, or otherwise wrongfully taken or are wrongfully
detained, an action of replevin may be brought for the
recovery of such goods or chattels, by the owner or person
entitled to their possession.
(b) When the property at issue is a companion animal,
"companion animal" means an animal that is commonly considered
to be, or is considered by the owner to be, a pet. "Companion
animal" includes, but is not limited to, canines, felines, and
equines.
(c) "Parties" in an action in replevin concerning
companion animals includes domestic partners, former partners,
cohabitants, fiances, or roommates if shared responsibility
for the care of the companion animal can be demonstrated.
(Source: P.A. 82-280.)
(735 ILCS 5/19-106.5 new)
Sec. 19-106.5. Temporary possession. When a companion
animal is the subject of an action of replevin, at the

HB4540 Enrolled - 3 - LRB104 17489 JRC 30915 b
initiation and pendency of a dispute, a court, exercising
discretion set forth in Section 19-130, may issue temporary
possession or caregiving orders, including limited visitation,
if necessary to reduce stress or disruption to the companion
animal. Section 19-106 applies in matters concerning companion
animals if the court finds as a matter of record and supported
by evidence that summary seizure of the property is justified
by reason of necessity as set forth in paragraphs (1) through
(5) of Section 19-106.
(735 ILCS 5/19-130 new)
Sec. 19-130. Companion animals.
(a) Judicial determinations. In a possession dispute
involving a companion animal, a court may consider the
well-being of the companion animal regardless of the legal
status of the parties. In exercising discretion, the court may
evaluate relevant evidence, including, but not limited to, the
following:
(1) History of daily caregiving responsibilities.
(2) Feeding, grooming, veterinary, and training
involvement.
(3) Financial contributions related to the animal's
care.
(4) Emotional bonds between the animal and each party.
(5) Stability and continuity of the animal's living
environment.

HB4540 Enrolled - 4 - LRB104 17489 JRC 30915 b
(6) Safety considerations and past conduct affecting
the animal.
(7) Credible witness testimony.
(8) Age and physical or behavioral vulnerability of
the animal.
(9) Continuity of routine and care.
(10) Ownership documentation, but this may not be
determinative on its own.
(11) For companion animals 10 years of age or older,
courts may give additional consideration to factors,
including continuity of environment, emotional stability,
stress minimization, and maintenance of established
routines.
(b) Mediation. A court may, if appropriate, order
mediation between the parties to resolve issues related to
companion animal possession.