Bill Text: IL HB4630 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Humane Care for Animals Act. Provides that a law enforcement officer who arrests the owner of a companion animal for a violation of the owner's duties may lawfully take possession of some or all of the companion animals in the possession of the owner. Allows a State's Attorney 30 days (rather than 14 days) after seizure of a companion animal to file a petition for forfeiture prior to trial, asking for permanent forfeiture of the companion animals seized.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4630 Detail]

Download: Illinois-2023-HB4630-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4630 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED:
510 ILCS 70/3.04
Amends the Humane Care for Animals Act. Provides that a law enforcement officer who arrests the owner of a companion animal for a violation of the owner's duties may lawfully take possession of some or all of the companion animals in the possession of the owner. Allows a State's Attorney 30 days (rather than 14 days) after seizure of a companion animal to file a petition for forfeiture prior to trial, asking for permanent forfeiture of the companion animals seized.
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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, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, 7.1, or 7.15
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

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must at the same time deliver an inventory of 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. Upon 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. The
State's Attorney may, within 30 14 days after the seizure,
file a "petition for forfeiture prior to trial" before the
court having criminal jurisdiction over the alleged charges,

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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, 3.01, 3.02, 3.03, 3.03-1, 4.01,
4.03, 4.04, 6, 7.1, or 7.15 of this Act or Section 26-5 or 48-1
of the Criminal Code of 1961 or the Criminal Code of 2012.
(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 delivered in person, 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 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 of or being placed on supervision for violating
Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6,
7.1, or 7.15 of this Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012, the court
may order the person convicted or placed on supervision to
forfeit to an animal control or animal shelter the animal or

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animals that are the basis of the conviction or order for
supervision. Upon an order of forfeiture, the person convicted
or placed on supervision is deemed to have permanently
relinquished all rights to the animal or animals that are the
basis of the conviction or order for supervision, if not
already. The forfeited animal or animals shall be adopted or
humanely euthanized. In no event may the person convicted or
placed on supervision, or anyone residing in his or her
household be permitted to adopt or otherwise possess the
forfeited animal or animals. The court, additionally, may
order that the person convicted or placed on supervision, and
persons dwelling in the same household as the person convicted
or placed on supervision who conspired, aided, or abetted in
the unlawful act that was the basis of the conviction or order
for supervision, or who knew or should have known of the
unlawful act, may not own, possess, harbor, or have custody or
control of any other animals for a period of time that the
court deems reasonable, up to and including permanent
relinquishment.
(d) In addition to any other penalty, the court may 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 Section 3.02 of this Act;
(2) a violation of Section 4.01 of this Act; or

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