Bill Text: IL HB3381 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Amends the Humane Care for Animals Act. Provides that in addition to any other penalty, the court shall order that a person and persons dwelling in the same household may not own, harbor, or have custody or control of any other animal if the person has been convicted of 2 or more of the following offenses: (1) a violation of aggravated cruelty; (2) a violation of animals for entertainment; or (3) a violation of dog fighting.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Engrossed - Dead) 2019-05-17 - Rule 3-9(a) / Re-referred to Assignments [HB3381 Detail]
Download: Illinois-2019-HB3381-Engrossed.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 | 3.01, 3.02, 3.03, 4.01, or 7.1 of this Act
may lawfully take | ||||||
11 | possession of some or all of the companion animals in the
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12 | possession of the person arrested. The officer, after taking | ||||||
13 | possession of the
companion animals, must file with the court | ||||||
14 | before whom the complaint is made
against any person so | ||||||
15 | arrested an affidavit stating the name of the person
charged in | ||||||
16 | the complaint, a description of the condition of the companion
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17 | animal or companion animals taken, and the time and place the | ||||||
18 | companion animal
or companion animals were taken, together with | ||||||
19 | the name of the person from
whom the companion animal or | ||||||
20 | companion animals were taken and name of the
person who claims | ||||||
21 | to own the companion animal or companion animals if different
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22 | from the person from whom the companion animal or companion | ||||||
23 | animals were
seized. He or she must at the same time deliver an |
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1 | inventory of the companion
animal or companion animals taken to | ||||||
2 | the court of competent jurisdiction. The
officer must place the | ||||||
3 | companion animal or companion animals in the custody of
an | ||||||
4 | animal control or animal shelter and the agency must retain | ||||||
5 | custody of the
companion animal or companion animals subject to | ||||||
6 | an order of the court
adjudicating the charges on the merits | ||||||
7 | and before which the person complained
against is required to | ||||||
8 | appear for trial. If the animal control or animal shelter owns | ||||||
9 | no facility capable of housing the companion animals, has no | ||||||
10 | space to house the companion animals, or is otherwise unable to | ||||||
11 | house the companion animals or the health or condition of the | ||||||
12 | animals prevents their removal, the animals shall be impounded | ||||||
13 | at the site of the violation pursuant to a court order | ||||||
14 | authorizing the impoundment, provided that the person charged | ||||||
15 | is an owner of the property. Employees or agents of the animal | ||||||
16 | control or animal shelter or law enforcement shall have the | ||||||
17 | authority to access the on-site impoundment property for the | ||||||
18 | limited purpose of providing care and veterinary treatment for | ||||||
19 | the impounded animals and ensuring their well-being and safety. | ||||||
20 | Upon impoundment, a petition for posting of security may be | ||||||
21 | filed under Section 3.05 of this Act. Disposition of the | ||||||
22 | animals shall be controlled by Section 3.06 of this Act. The | ||||||
23 | State's Attorney may, within 14
days after the seizure, file a | ||||||
24 | "petition for forfeiture prior to trial" before
the court | ||||||
25 | having criminal jurisdiction over the alleged charges, asking | ||||||
26 | for
permanent forfeiture of the companion animals seized. The |
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1 | petition shall be
filed with the court, with copies served on | ||||||
2 | the impounding agency, the owner,
and anyone claiming an | ||||||
3 | interest in the animals. In a "petition for forfeiture
prior to | ||||||
4 | trial", the burden is on the prosecution to prove by a | ||||||
5 | preponderance
of the evidence that the person arrested violated | ||||||
6 | Section 3.01, 3.02, 3.03,
4.01, or 7.1 of this Act or Section | ||||||
7 | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
8 | of 2012.
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9 | (b) An owner whose companion animal or companion animals | ||||||
10 | are removed by a
law enforcement officer under this Section | ||||||
11 | must be given written notice of
the circumstances of the | ||||||
12 | removal and of any legal remedies available to him
or her. The | ||||||
13 | notice must be delivered in person, posted at the place of | ||||||
14 | seizure, or delivered to
a person residing at the place of | ||||||
15 | seizure or, if the address of the owner is
different from the | ||||||
16 | address of the person from whom the companion animal or
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17 | companion animals were seized, delivered by registered mail to | ||||||
18 | his or her last
known address.
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19 | (c) In addition to any other penalty provided by law, upon | ||||||
20 | conviction for
violating Sections 3, 3.01, 3.02, 3.03, 4.01, or | ||||||
21 | 7.1 of this Act or Section 26-5 or 48-1 of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012, the court may order the | ||||||
23 | convicted
person to forfeit to an animal control or animal | ||||||
24 | shelter
the animal
or animals that are the basis of the | ||||||
25 | conviction. Upon an order of
forfeiture, the convicted person | ||||||
26 | is deemed to have permanently
relinquished all rights to the |
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1 | animal or animals that are the basis of the
conviction, if not | ||||||
2 | already. The forfeited animal or animals shall be adopted or | ||||||
3 | humanely
euthanized. In no event may the convicted person or | ||||||
4 | anyone residing in
his or her household be permitted to adopt | ||||||
5 | or otherwise possess the forfeited animal or animals.
The | ||||||
6 | court, additionally, may order that the convicted person and | ||||||
7 | persons
dwelling in the same household as the convicted person | ||||||
8 | who conspired, aided, or
abetted in the
unlawful act that was | ||||||
9 | the basis of the conviction, or who knew or should
have known | ||||||
10 | of the unlawful act, may not own, harbor, or have custody or
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11 | control of any other animals for a period of time that the | ||||||
12 | court deems
reasonable.
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13 | (d) In addition to any other penalty, the court shall order | ||||||
14 | that a person and persons dwelling in the same household may | ||||||
15 | not own, harbor, or have custody or control of any other animal | ||||||
16 | if the person has been convicted of 2 or more of the following | ||||||
17 | offenses: | ||||||
18 | (1) a violation of Section 3.02; | ||||||
19 | (2) a violation of Section 4.01; or | ||||||
20 | (3) a violation of Section 48-1 of the Criminal Code of | ||||||
21 | 2012. | ||||||
22 | (Source: P.A. 99-321, eff. 1-1-16; 100-504, eff. 6-1-18 .)
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