Bill Text: IL SB1499 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill. Provides that the animal forfeiture provisions apply to a person who received an entry of an order for supervision for various violations of the Humane Care for Animals Act. Adds various other offenses under the Humane Care for Animals Act for which forfeiture of the animals is a consequence of violating those provisions. Effective immediately
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0490 [SB1499 Detail]
Download: Illinois-2023-SB1499-Introduced.html
Bill Title: Reinserts the provisions of the engrossed bill. Provides that the animal forfeiture provisions apply to a person who received an entry of an order for supervision for various violations of the Humane Care for Animals Act. Adds various other offenses under the Humane Care for Animals Act for which forfeiture of the animals is a consequence of violating those provisions. Effective immediately
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0490 [SB1499 Detail]
Download: Illinois-2023-SB1499-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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