HUMANE CARE-ANIMALS-PENALTIES

Illinois General Assembly - Full Text of SB2892

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Full Text of SB2892

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SB2892 - 104th General Assembly

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Senate Amendment 001

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Senate Amendment 001

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SB2892 Enrolled
LRB104 15685 BDA 28863 b
1

AN ACT concerning animals.

2

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

4

Section 5.
The Humane Care for Animals Act is amended by
5
changing Section 3.04 as follows:

6

(510 ILCS 70/3.04)
7

Sec. 3.04.
Arrests and seizures; penalties.
8

(a) Any law enforcement officer making an arrest for an
9
offense involving one or more companion animals under Section
10
3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, 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.
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The officer, after taking possession of the companion animals,
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must file with the court before whom the complaint is made
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
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

SB2892 Enrolled
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LRB104 15685 BDA 28863 b
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must at the same time deliver an inventory of the companion
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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companion animal or companion animals subject to an order of
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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
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facility capable of housing the companion animals, has no
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space to house the companion animals, or is otherwise unable
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to house the companion animals or the health or condition of
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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
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charged is an owner of the property. Employees or agents of the
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animal control or animal shelter or law enforcement shall have
18
the authority to access the on-site impoundment property for
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the limited purpose of providing care and veterinary treatment
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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
30

14
days after the seizure,
25
file a "petition for forfeiture prior to trial" before the
26
court having criminal jurisdiction over the alleged charges,

SB2892 Enrolled
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LRB104 15685 BDA 28863 b
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asking for permanent forfeiture of the companion animals
2
seized. The petition shall be filed with the court, with
3
copies served on the impounding agency, the owner, and anyone
4
claiming an interest in the animals. In a "petition for
5
forfeiture prior to trial", the burden is on the prosecution
6
to prove by a preponderance of the evidence that the person
7
arrested violated Section 3.01, 3.02, 3.03, 3.03-1, 4.01,
8
4.03, 4.04, 6, 7.1, or 7.15 of this Act or Section 26-5 or 48-1
9
of the Criminal Code of 1961 or the Criminal Code of 2012.
Upon
10
receipt of a petition under this subsection, the court shall
11
set a hearing on the petition. The hearing shall be conducted
12
within 14 days after the filing of the petition, or as soon
13
thereafter as practicable, but not more than 45 days after the
14
filing of the petition.

15

(b) An owner whose companion animal or companion animals
16
are removed by a law enforcement officer under this Section
17
must be given written notice of the circumstances of the
18
removal and of any legal remedies available to him or her. The
19
notice must be delivered in person, posted at the place of
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seizure, or delivered to a person residing at the place of
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seizure or, if the address of the owner is different from the
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address of the person from whom the companion animal or
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companion animals were seized, delivered by registered mail to
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his or her last known address.
25

(c) In addition to any other penalty provided by law, upon
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conviction of or being placed on supervision for violating

SB2892 Enrolled
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LRB104 15685 BDA 28863 b
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Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6,
2
7.1, or 7.15 of this Act or Section 26-5 or 48-1 of the
3
Criminal Code of 1961 or the Criminal Code of 2012, the court
4
may order the person convicted or placed on supervision to
5
forfeit to an animal control or animal shelter the animal or
6
animals that are the basis of the conviction or order for
7
supervision. Upon an order of forfeiture, the person convicted
8
or placed on supervision is deemed to have permanently
9
relinquished all rights to the animal or animals that are the
10
basis of the conviction or order for supervision, if not
11
already. The forfeited animal or animals shall be adopted or
12
humanely euthanized. In no event may the person convicted or
13
placed on supervision, or anyone residing in his or her
14
household be permitted to adopt or otherwise possess the
15
forfeited animal or animals. The court, additionally, may
16
order that the person convicted or placed on supervision, and
17
persons dwelling in the same household as the person convicted
18
or placed on supervision who conspired, aided, or abetted in
19
the unlawful act that was the basis of the conviction or order
20
for supervision, or who knew or should have known of the
21
unlawful act, may not own, possess, harbor, or have custody or
22
control of any other animals for a period of time that the
23
court deems reasonable, up to and including permanent
24
relinquishment.
25

(d) In addition to any other penalty, the court may order
26
that a person and persons dwelling in the same household may

SB2892 Enrolled
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LRB104 15685 BDA 28863 b
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not own, harbor, or have custody or control of any other animal
2
if the person has been convicted of 2 or more of the following
3
offenses:
4

(1) a violation of Section 3.02 of this Act;
5

(2) a violation of Section 4.01 of this Act; or
6

(3) a violation of Section 48-1 of the Criminal Code
7

of 2012.
8

(e) A person who violates the prohibition against owning,
9
possessing, harboring, having custody, or having control of
10
animals is subject to immediate forfeiture of any animal
11
illegally owned in violation of subsection (c). A person who
12
owns, possesses, harbors, has custody, or has control of an
13
animal in violation of an order issued under subsection (c) is
14
also subject to the civil and criminal contempt power of the
15
court and, if found guilty of criminal contempt, may be
16
subject to imprisonment for not more than 90 days, a fine of
17
not more than $2,500, or both.
18
(Source: P.A. 102-114, eff. 1-1-22; 103-490, eff. 8-4-23.)

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