Full Text of HB2810 100th General Assembly
HB2810ham001 100TH GENERAL ASSEMBLY | Rep. Ryan Spain Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2810
| 2 | | AMENDMENT NO. ______. Amend House Bill 2810 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Humane Care for Animals Act is amended by | 5 | | changing Sections 3.04, 3.05, and 4 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 | 10 | | subsection (a) of Section 3 or Section 3.01, 3.02, or 3.03 , | 11 | | 4.01, or 7.1 of this Act
may lawfully take possession of some | 12 | | or all of the companion animals in the
possession of the person | 13 | | arrested. The officer, after taking possession of the
companion | 14 | | animals, must file with the court before whom the complaint is | 15 | | made
against any person so arrested an affidavit stating the | 16 | | name of the person
charged in the complaint, a description of |
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| 1 | | the condition of the companion
animal or companion animals | 2 | | taken, and the time and place the companion animal
or companion | 3 | | animals were taken, together with the name of the person from
| 4 | | whom the companion animal or companion animals were taken and | 5 | | name of the
person who claims to own the companion animal or | 6 | | companion animals if different
from the person from whom the | 7 | | companion animal or companion animals were
seized. He or she | 8 | | must at the same time deliver an inventory of the companion
| 9 | | animal or companion animals taken to the court of competent | 10 | | jurisdiction. The
officer must place the companion animal or | 11 | | companion animals in the custody of
an animal control or animal | 12 | | shelter and the agency must retain custody of the
companion | 13 | | animal or companion animals subject to an order of the court
| 14 | | adjudicating the charges on the merits and before which the | 15 | | person complained
against is required to appear for trial. If | 16 | | the animal control or animal shelter owns no facility capable | 17 | | of housing the companion animals, has no space to house the | 18 | | companion animals, or is otherwise unable to house the | 19 | | companion animals or the health or condition of the animals | 20 | | prevents their removal, the animals shall be impounded at the | 21 | | site of the violation pursuant to a court order authorizing the | 22 | | impoundment, provided that the person charged is an owner of | 23 | | the property. Employees or agents of the animal control or | 24 | | animal shelter or law enforcement shall have the authority to | 25 | | access the on-site impoundment property for the limited purpose | 26 | | of providing care and veterinary treatment for the impounded |
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| 1 | | animals and ensuring their well-being and safety. For an | 2 | | on-site impoundment, a petition for posting of security may be | 3 | | filed under Section 3.05 of this Act. Disposition of the | 4 | | animals shall be controlled by Section 3.06 of this Act. The | 5 | | State's Attorney may, within 14
days after the seizure, file a | 6 | | "petition for forfeiture prior to trial" before
the court | 7 | | having criminal jurisdiction over the alleged charges, asking | 8 | | for
permanent forfeiture of the companion animals seized. The | 9 | | petition shall be
filed with the court, with copies served on | 10 | | the impounding agency, the owner,
and anyone claiming an | 11 | | interest in the animals. In a "petition for forfeiture
prior to | 12 | | trial", the burden is on the prosecution to prove by a | 13 | | preponderance
of the evidence that the person arrested violated | 14 | | subsection (a) of Section 3 or Section 3.01, 3.02, 3.03, or
| 15 | | 4.01 , or 7.1 of this Act or Section 26-5 or 48-1 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 17 | | (b) An owner whose companion animal or companion animals | 18 | | are removed by a
law enforcement officer under this Section | 19 | | must be given written notice of
the circumstances of the | 20 | | removal and of any legal remedies available to him
or her. The | 21 | | notice must be delivered in person, posted at the place of | 22 | | seizure, or delivered to
a person residing at the place of | 23 | | seizure or, if the address of the owner is
different from the | 24 | | address of the person from whom the companion animal or
| 25 | | companion animals were seized, delivered by registered mail to | 26 | | his or her last
known address.
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| 1 | | (c) In addition to any other penalty provided by law, upon | 2 | | conviction for
violating Sections 3, 3.01, 3.02, or 3.03 , or | 3 | | 7.1 the court may order the convicted
person to forfeit to an | 4 | | animal control or animal shelter
the animal
or animals that are | 5 | | the basis of the conviction. Upon an order of
forfeiture, the | 6 | | convicted person is deemed to have permanently
relinquished all | 7 | | rights to the animal or animals that are the basis of the
| 8 | | conviction , if not already done so . The forfeited animal or | 9 | | animals shall be adopted or humanely
euthanized. In no event | 10 | | may the convicted person or anyone residing in
his or her | 11 | | household be permitted to adopt or otherwise possess the | 12 | | forfeited animal or animals.
The court, additionally, may order | 13 | | that the convicted person and persons
dwelling in the same | 14 | | household as the convicted person who conspired, aided, or
| 15 | | abetted in the
unlawful act that was the basis of the | 16 | | conviction, or who knew or should
have known of the unlawful | 17 | | act, may not own, harbor, or have custody or
control of any | 18 | | other animals for a period of time that the court deems
| 19 | | reasonable.
| 20 | | (Source: P.A. 99-321, eff. 1-1-16 .)
| 21 | | (510 ILCS 70/3.05)
| 22 | | Sec. 3.05. Security for companion animals and animals used | 23 | | for fighting
purposes. | 24 | | (a) In the case of companion animals as defined in Section | 25 | | 2.01a or animals
used for fighting purposes in violation of |
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| 1 | | subsection (a) of Section 3 or Section 3.01, 3.02, 3.03, | 2 | | Section 4.01 , or 7.1
of this Act or Section 26-5 or 48-1 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012, the animal
| 4 | | control or animal shelter having custody of the animal or | 5 | | animals may file a
petition with the court requesting that the | 6 | | person from whom the animal or
animals are seized, or the owner | 7 | | of the animal or animals, be ordered to post
security. The | 8 | | security must be in an amount sufficient to secure payment of
| 9 | | all reasonable expenses expected to be incurred by the animal | 10 | | control or animal
shelter in caring for and providing for the | 11 | | animal or animals pending the
disposition of the charges. | 12 | | Reasonable expenses include, but are not limited
to, estimated | 13 | | medical care and boarding of the animal or animals for 30 days.
| 14 | | The amount of the security shall be determined by the court | 15 | | after taking into
consideration all of the facts and | 16 | | circumstances of the case, including, but
not limited to, the | 17 | | recommendation of the impounding organization having
custody | 18 | | and care of the seized animal or animals and the cost of caring | 19 | | for
the animal or animals. If security has been posted in | 20 | | accordance with this
Section, the animal control or animal | 21 | | shelter may draw from the security the
actual costs incurred by | 22 | | the agency in caring for the seized animal or animals.
| 23 | | (b) Upon receipt of a petition, the court must set a | 24 | | hearing on the
petition, to be conducted within 5 business days | 25 | | after the petition is filed.
The petitioner must serve a true | 26 | | copy of the petition upon the defendant and
the State's |
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| 1 | | Attorney for the county in which the animal or animals were | 2 | | seized.
The petitioner must also serve a true copy of the | 3 | | petition on any interested
person. For the purposes of this | 4 | | subsection, "interested person" means an
individual, | 5 | | partnership, firm, joint stock company, corporation, | 6 | | association,
trust, estate, or other legal entity that the | 7 | | court determines may have a
pecuniary interest in the animal or | 8 | | animals that are the subject of the
petition. The court must | 9 | | set a hearing date to determine any interested
parties. The | 10 | | court may waive for good cause shown the posting of security.
| 11 | | (c) If the court orders the posting of security, the | 12 | | security must be
posted with the clerk of the court within 5 | 13 | | business days after the hearing.
If the person ordered to post | 14 | | security does not do so, the animal or animals
are forfeited by | 15 | | operation of law and the animal control or animal shelter
| 16 | | having control of the animal or animals must dispose of the | 17 | | animal or animals
through adoption or must humanely euthanize | 18 | | the animal. In no event may the
defendant or any person | 19 | | residing in the defendant's household adopt the animal
or | 20 | | animals.
| 21 | | (d) The impounding organization may file a petition with | 22 | | the court upon the
expiration of the 30-day period requesting | 23 | | the posting of additional security.
The court may order the | 24 | | person from whom the animal or animals were seized, or
the | 25 | | owner of the animal or animals, to post additional security | 26 | | with the
clerk of the court to secure payment of reasonable |
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| 1 | | expenses for an additional
period of time pending a | 2 | | determination by the court of the charges against the
person | 3 | | from whom the animal or animals were seized.
| 4 | | (e) In no event may the security prevent the impounding | 5 | | organization having
custody and care of the animal or animals | 6 | | from disposing of the animal or
animals before the expiration | 7 | | of the 30-day period covered by the security if
the court makes | 8 | | a final determination of the charges against the person from
| 9 | | whom the animal or animals were seized. Upon the adjudication | 10 | | of the charges,
the person who posted the security is entitled | 11 | | to a refund of the security, in
whole or in part, for any | 12 | | expenses not incurred by the impounding organization.
| 13 | | (f) Notwithstanding any other provision of this Section to | 14 | | the contrary,
the court may order a person charged with any | 15 | | violation of this Act to provide
necessary food, water, | 16 | | shelter, and care for any animal or animals that are the
basis | 17 | | of the charge without the removal of the animal or animals from | 18 | | their
existing location and until the charges against the | 19 | | person are adjudicated.
Until a final determination of the | 20 | | charges is made, any law enforcement
officer, animal control | 21 | | officer, Department investigator, or an approved humane
| 22 | | investigator may be authorized by an order of the court to make | 23 | | regular visits
to the place where the animal or animals are | 24 | | being kept to ascertain if the
animal or animals are receiving | 25 | | necessary food, water, shelter, and care.
Nothing in this | 26 | | Section prevents any law enforcement officer, Department
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| 1 | | investigator, or approved humane investigator from applying | 2 | | for a warrant under
this Section to seize any animal or animals | 3 | | being held by the person charged
pending the adjudication of | 4 | | the charges if it is determined that the animal or
animals are | 5 | | not receiving the necessary food, water, shelter, or care.
| 6 | | (g) Nothing in this Act shall be construed to prevent the | 7 | | voluntary,
permanent relinquishment of any animal by its owner | 8 | | to an animal
control or animal shelter in lieu of posting | 9 | | security or proceeding to a
forfeiture hearing. Voluntary | 10 | | relinquishment shall have no effect on the
criminal charges | 11 | | that may be pursued by the appropriate authorities.
| 12 | | (h) If an owner of a companion animal is acquitted by the | 13 | | court of charges
made pursuant to this Act, the court shall | 14 | | further order that any security that
has been posted for the | 15 | | animal shall be returned to the owner by the impounding
| 16 | | organization.
| 17 | | (i) The provisions of this Section only pertain to | 18 | | companion animals and
animals used for fighting purposes.
| 19 | | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 20 | | (510 ILCS 70/4) (from Ch. 8, par. 704)
| 21 | | Sec. 4. Prohibited acts. No person may sell, offer for | 22 | | sale, barter,
or give away as a pet or a novelty any rabbit or | 23 | | any baby chick, duckling or
other fowl which has been dyed, | 24 | | colored, or otherwise treated to impart an
artificial color | 25 | | thereto. Baby chicks or ducklings shall not be sold, offered
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| 1 | | for sale, bartered, or given away as pets or novelties. | 2 | | Rabbits, ducklings
or baby chicks shall not be awarded as | 3 | | prizes.
| 4 | | No person may adopt, transfer, sell, offer for sale, | 5 | | barter, or give away as a pet a dog or cat forfeited under | 6 | | Section 3.04 or 3.05 of this Act to the person who forfeited | 7 | | the animal or a person residing in that person's household. | 8 | | A person convicted of violating this Section is guilty of a | 9 | | Class B
misdemeanor. A second or subsequent violation is a | 10 | | Class 4 felony, with
every day that a violation continues | 11 | | constituting a separate offense.
| 12 | | (Source: P.A. 92-650, eff. 7-11-02.)".
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