Bill Text: IL SB1499 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: Reinserts the provisions of the engrossed bill. Provides that the animal forfeiture provisions apply to a person who received an entry of an order for supervision for various violations of the Humane Care for Animals Act. Adds various other offenses under the Humane Care for Animals Act for which forfeiture of the animals is a consequence of violating those provisions. Effective immediately

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0490 [SB1499 Detail]

Download: Illinois-2023-SB1499-Chaptered.html



Public Act 103-0490
SB1499 EnrolledLRB103 04557 HEP 49564 b
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, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, or 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
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 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, 3.03-1, 4.01, 4.03, 4.04,
6, or 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, or
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 convicted person convicted or placed on
supervision to forfeit to an animal control or animal shelter
the animal or animals that are the basis of the conviction or
order for supervision. Upon an order of forfeiture, the
convicted 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
convicted 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 convicted person convicted or
placed on supervision, and persons dwelling in the same
household as the convicted 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
(3) a violation of Section 48-1 of the Criminal Code
of 2012.
(e) A person who violates the prohibition against owning,
possessing, harboring, having custody, or having control of
animals is subject to immediate forfeiture of any animal
illegally owned in violation of subsection (c). A person who
owns, possesses, harbors, has custody, or has control of an
animal in violation of an order issued under subsection (c) is
also subject to the civil and criminal contempt power of the
court and, if found guilty of criminal contempt, may be
subject to imprisonment for not more than 90 days, a fine of
not more than $2,500, or both.
(Source: P.A. 102-114, eff. 1-1-22.)
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