Bill Text: IL HB4641 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Humane Care for Animals Act. Adds specified offenses of the Humane Care for Animals Act for which law enforcement making an arrest may take possession of a companion animal. Adds specified offenses of the Act for which a court may order the forfeiture of an animal. Provides that upon a violation (rather than conviction) of specified offenses, the court may order the person in violation to forfeit the animal or animals that are the basis of the violation. Provides that a court may order that the person in violation and certain persons in the person's household may not own, possess, harbor, or have custody or control of any other animals for a reasonable period of time, including permanent relinquishment. Provides that a person who violates such a prohibition is subject to immediate forfeiture of any animal and subject to imprisonment for not more than 90 days, a fine of not more than $2,500, or both. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4641 Detail]
Download: Illinois-2021-HB4641-Introduced.html
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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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, 3.01, 3.02, 3.03, 4.01, 4.03, 4.04, 6, or 7.1 , or 7.15 of | |||||||||||||||||||
11 | 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 | |||||||||||||||||||
17 | condition of the companion
animal or companion animals taken, | |||||||||||||||||||
18 | and the time and place the companion animal
or companion | |||||||||||||||||||
19 | animals were taken, together with the name of the person from
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20 | whom the companion animal or companion animals were taken and | |||||||||||||||||||
21 | name of the
person who claims to own the companion animal or | |||||||||||||||||||
22 | companion animals if different
from the person from whom the | |||||||||||||||||||
23 | companion animal or companion animals were
seized. He or she |
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1 | must at the same time deliver an inventory of the companion
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2 | animal or companion animals taken to the court of competent | ||||||
3 | jurisdiction. The
officer must place the companion animal or | ||||||
4 | companion animals in the custody of
an animal control or | ||||||
5 | animal shelter and the agency must retain custody of the
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6 | companion animal or companion animals subject to an order of | ||||||
7 | the court
adjudicating the charges on the merits and before | ||||||
8 | which the person complained
against is required to appear for | ||||||
9 | trial. If the animal control or animal shelter owns no | ||||||
10 | facility capable of housing the companion animals, has no | ||||||
11 | space to house the companion animals, or is otherwise unable | ||||||
12 | to house the companion animals or the health or condition of | ||||||
13 | the animals prevents their removal, the animals shall be | ||||||
14 | impounded at the site of the violation pursuant to a court | ||||||
15 | order authorizing the impoundment, provided that the person | ||||||
16 | charged is an owner of the property. Employees or agents of the | ||||||
17 | animal control or animal shelter or law enforcement shall have | ||||||
18 | the authority to access the on-site impoundment property for | ||||||
19 | the limited purpose of providing care and veterinary treatment | ||||||
20 | for the impounded animals and ensuring their well-being and | ||||||
21 | safety. Upon impoundment, a petition for posting of security | ||||||
22 | may be filed under Section 3.05 of this Act. Disposition of the | ||||||
23 | animals shall be controlled by Section 3.06 of this Act. The | ||||||
24 | State's Attorney may, within 14
days after the seizure, file a | ||||||
25 | "petition for forfeiture prior to trial" before
the court | ||||||
26 | having criminal jurisdiction over the alleged charges, asking |
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1 | for
permanent forfeiture of the companion animals seized. The | ||||||
2 | petition shall be
filed with the court, with copies served on | ||||||
3 | the impounding agency, the owner,
and anyone claiming an | ||||||
4 | interest in the animals. In a "petition for forfeiture
prior | ||||||
5 | to trial", the burden is on the prosecution to prove by a | ||||||
6 | preponderance
of the evidence that the person arrested | ||||||
7 | violated Section 3, 3.01, 3.02, 3.03,
4.01, 4.03, 4.04, 6, or | ||||||
8 | 7.1 , or 7.15 of this Act or Section 26-5 or 48-1 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012.
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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 delivered in person, posted at the place of | ||||||
15 | seizure, or delivered to
a person residing at the place of | ||||||
16 | seizure or, if the address of the owner is
different from the | ||||||
17 | address of the person from whom the companion animal or
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18 | companion animals were seized, delivered by registered mail to | ||||||
19 | his or her last
known address.
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20 | (c) In addition to any other penalty provided by law, upon | ||||||
21 | a violation of Section conviction for
violating Sections 3, | ||||||
22 | 3.01, 3.02, 3.03, 4.01, 4.03, 4.04, 6, or 7.1 , or 7.15 of this | ||||||
23 | Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012, the court may order the convicted
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25 | person in violation to forfeit to an animal control or animal | ||||||
26 | shelter
the animal
or animals that are the basis of the |
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1 | violation conviction . Upon an order of
forfeiture, the | ||||||
2 | convicted person in violation is deemed to have permanently
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3 | relinquished all rights to the animal or animals that are the | ||||||
4 | basis of the violation
conviction , if not already. The | ||||||
5 | forfeited animal or animals shall be adopted or humanely
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6 | euthanized. In no event may the convicted person in violation | ||||||
7 | or anyone residing in
his or her household be permitted to | ||||||
8 | adopt or otherwise possess the forfeited animal or animals.
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9 | The court, additionally, may order that the convicted person | ||||||
10 | in violation and persons
dwelling in the same household as the | ||||||
11 | convicted person in violation who conspired, aided, or
abetted | ||||||
12 | in the
unlawful act that was the basis of the violation | ||||||
13 | conviction , or who knew or should
have known of the unlawful | ||||||
14 | act, may not own, possess, harbor, or have custody or
control | ||||||
15 | of any other animals for a period of time that the court deems
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16 | reasonable , up to and including permanent relinquishment .
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17 | (d) In addition to any other penalty, the court may order | ||||||
18 | that a person and persons dwelling in the same household may | ||||||
19 | not own, harbor, or have custody or control of any other animal | ||||||
20 | if the person has been convicted of 2 or more of the following | ||||||
21 | offenses: | ||||||
22 | (1) a violation of Section 3.02 of this Act; | ||||||
23 | (2) a violation of Section 4.01 of this Act; or | ||||||
24 | (3) a violation of Section 48-1 of the Criminal Code | ||||||
25 | of 2012. | ||||||
26 | (e) A person who violates the prohibition against owning, |
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1 | possessing, harboring, having custody, or having control of | ||||||
2 | animals is subject to immediate forfeiture of any animal | ||||||
3 | illegally owned in violation of subsection (c). A person who | ||||||
4 | owns, possesses, harbors, has custody, or has control of an | ||||||
5 | animal in violation of an order issued under subsection (c) is | ||||||
6 | also subject to the civil and criminal contempt power of the | ||||||
7 | court and, if found guilty of criminal contempt, may be | ||||||
8 | subject to imprisonment for not more than 90 days, a fine of | ||||||
9 | not more than $2,500, or both. | ||||||
10 | (Source: P.A. 102-114, eff. 1-1-22 .)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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