Bill Text: IL SB2847 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Humane Care for Animals Act. Provides that if, upon seizure of the animal and the filing of charges, the person complained against refuses to relinquish an animal, the court having criminal jurisdiction over the alleged charges shall schedule a hearing on the disposition of the animal. Provides that the hearing shall be held within 30 days after the animal's seizure. Provides that at the hearing, the State's Attorney shall ask for permanent forfeiture of the companion animal seized. Provides that notice of the hearing shall be served on the impounding agency, the owner, and anyone claiming an interest in the animal. Provides that at the hearing for forfeiture prior to trial, the burden is on the prosecution to prove by a preponderance of the evidence that the person arrested violated specified provisions of the Act, the Criminal Code of 1961, or the Criminal Code of 2012. Provides that if the prosecution fails to meet this burden, the court shall order the owner to post security.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-22 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB2847 Detail]

Download: Illinois-2015-SB2847-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2847 Introduced 2/17/2016, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
510 ILCS 70/3.04
Amends the Humane Care for Animals Act. Provides that if, upon seizure of the animal and the filing of charges, the person complained against refuses to relinquish an animal, the court having criminal jurisdiction over the alleged charges shall schedule a hearing on the disposition of the animal. Provides that the hearing shall be held within 30 days after the animal's seizure. Provides that at the hearing, the State's Attorney shall ask for permanent forfeiture of the companion animal seized. Provides that notice of the hearing shall be served on the impounding agency, the owner, and anyone claiming an interest in the animal. Provides that at the hearing for forfeiture prior to trial, the burden is on the prosecution to prove by a preponderance of the evidence that the person arrested violated specified provisions of the Act, the Criminal Code of 1961, or the Criminal Code of 2012. Provides that if the prosecution fails to meet this burden, the court shall order the owner to post security.
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A BILL FOR
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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, or 3.03 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 inventory of

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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. For an
on-site 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. If,
upon seizure of the animal and the filing of charges, the
person complained against refuses to relinquish an animal, the
court having criminal jurisdiction over the alleged charges
shall schedule a hearing on the disposition of the animal. The

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hearing shall be held within 30 days after the animal's
seizure. At the hearing, the State's Attorney shall ask for
permanent forfeiture of the companion animal seized. Notice of
the hearing shall be served on the impounding agency, the
owner, and anyone claiming an interest in the animal. At the
hearing for forfeiture prior to trial 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 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, or 4.01 of this Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012. If the
prosecution fails to meet this burden, the court shall order
the owner to post security pursuant to Section 3.05.
(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 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

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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, or 3.03 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 animal or animals that are the basis of the
conviction. 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
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.
(Source: P.A. 99-321, eff. 1-1-16.)