POSSESSION DISPUTES-PETS

Illinois General Assembly - Full Text of HB4540

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Full Text of HB4540

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HB4540 - 104th General Assembly

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House Amendment 001

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HB4540 Enrolled
LRB104 17489 JRC 30915 b
1

AN ACT concerning companion animals.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
This Act may be referred to as the Companion
5
Animal Custody Equity Act.

6

Section 5.
Findings; purpose.
The General Assembly finds
7
that:
8

(1) Companion animals often occupy a unique role
9

within households that is not fully reflected in existing
10

statutory frameworks governing possession disputes.
11

(2) Current Illinois law permits courts to consider
12

the well-being of a companion animal primarily within
13

dissolution of marriage proceedings.
14

(3) In disputes involving unmarried parties, courts
15

may lack explicit statutory guidance to evaluate
16

caregiving history or animal welfare.
17

(4) Providing courts with limited discretion to
18

consider such factors promotes consistency, clarity, and
19

fairness in judicial decision-making.
20

(5) The purpose of this Act is to provide courts with
21

guidance when resolving possession disputes involving
22

companion animals while preserving existing property law
23

principles.

HB4540 Enrolled
- 2 -
LRB104 17489 JRC 30915 b
1

Section 10.
The Code of Civil Procedure is amended by
2
changing Section 19-101 and by adding Sections 19-106.5 and
3
19-130 as follows:

4

(735 ILCS 5/19-101)

(from Ch. 110, par. 19-101)
5

Sec. 19-101.
When brought.

6

(a)
Whenever any goods or chattels have been wrongfully
7
distrained, or otherwise wrongfully taken or are wrongfully
8
detained, an action of replevin may be brought for the
9
recovery of such goods or chattels, by the owner or person
10
entitled to their possession.
11

(b) When the property at issue is a companion animal,
12
"companion animal" means an animal that is commonly considered
13
to be, or is considered by the owner to be, a pet. "Companion
14
animal" includes, but is not limited to, canines, felines, and
15
equines.
16

(c) "Parties" in an action in replevin concerning
17
companion animals includes domestic partners, former partners,
18
cohabitants, fiances, or roommates if shared responsibility
19
for the care of the companion animal can be demonstrated.

20
(Source: P.A. 82-280.)

21

(735 ILCS 5/19-106.5 new)
22

Sec. 19-106.5.
Temporary possession.
When a companion
23
animal is the subject of an action of replevin, at the

HB4540 Enrolled
- 3 -
LRB104 17489 JRC 30915 b
1
initiation and pendency of a dispute, a court, exercising
2
discretion set forth in Section 19-130, may issue temporary
3
possession or caregiving orders, including limited visitation,
4
if necessary to reduce stress or disruption to the companion
5
animal. Section 19-106 applies in matters concerning companion
6
animals if the court finds as a matter of record and supported
7
by evidence that summary seizure of the property is justified
8
by reason of necessity as set forth in paragraphs (1) through
9
(5) of Section 19-106.

10

(735 ILCS 5/19-130 new)
11

Sec. 19-130.
Companion animals.

12

(a) Judicial determinations. In a possession dispute
13
involving a companion animal, a court may consider the
14
well-being of the companion animal regardless of the legal
15
status of the parties. In exercising discretion, the court may
16
evaluate relevant evidence, including, but not limited to, the
17
following:
18

(1) History of daily caregiving responsibilities.
19

(2) Feeding, grooming, veterinary, and training
20

involvement.
21

(3) Financial contributions related to the animal's
22

care.
23

(4) Emotional bonds between the animal and each party.
24

(5) Stability and continuity of the animal's living
25

environment.

HB4540 Enrolled
- 4 -
LRB104 17489 JRC 30915 b
1

(6) Safety considerations and past conduct affecting
2

the animal.
3

(7) Credible witness testimony.
4

(8) Age and physical or behavioral vulnerability of
5

the animal.
6

(9) Continuity of routine and care.
7

(10) Ownership documentation, but this may not be
8

determinative on its own.
9

(11) For companion animals 10 years of age or older,
10

courts may give additional consideration to factors,
11

including continuity of environment, emotional stability,
12

stress minimization, and maintenance of established
13

routines.
14

(b) Mediation. A court may, if appropriate, order
15
mediation between the parties to resolve issues related to
16
companion animal possession.

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