Illinois General Assembly - Full Text of HB3381
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Full Text of HB3381  101st General Assembly




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1    AN ACT concerning animals.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Humane Care for Animals Act is amended by
5changing 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
9offense involving one or more companion animals under Section
103.01, 3.02, 3.03, 4.01, or 7.1 of this Act may lawfully take
11possession of some or all of the companion animals in the
12possession of the person arrested. The officer, after taking
13possession of the companion animals, must file with the court
14before whom the complaint is made against any person so
15arrested an affidavit stating the name of the person charged in
16the complaint, a description of the condition of the companion
17animal or companion animals taken, and the time and place the
18companion animal or companion animals were taken, together with
19the name of the person from whom the companion animal or
20companion animals were taken and name of the person who claims
21to own the companion animal or companion animals if different
22from the person from whom the companion animal or companion
23animals were seized. He or she must at the same time deliver an



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1inventory of the companion animal or companion animals taken to
2the court of competent jurisdiction. The officer must place the
3companion animal or companion animals in the custody of an
4animal control or animal shelter and the agency must retain
5custody of the companion animal or companion animals subject to
6an order of the court adjudicating the charges on the merits
7and before which the person complained against is required to
8appear for trial. If the animal control or animal shelter owns
9no facility capable of housing the companion animals, has no
10space to house the companion animals, or is otherwise unable to
11house the companion animals or the health or condition of the
12animals prevents their removal, the animals shall be impounded
13at the site of the violation pursuant to a court order
14authorizing the impoundment, provided that the person charged
15is an owner of the property. Employees or agents of the animal
16control or animal shelter or law enforcement shall have the
17authority to access the on-site impoundment property for the
18limited purpose of providing care and veterinary treatment for
19the impounded animals and ensuring their well-being and safety.
20Upon impoundment, a petition for posting of security may be
21filed under Section 3.05 of this Act. Disposition of the
22animals shall be controlled by Section 3.06 of this Act. The
23State's Attorney may, within 14 days after the seizure, file a
24"petition for forfeiture prior to trial" before the court
25having criminal jurisdiction over the alleged charges, asking
26for permanent forfeiture of the companion animals seized. The



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1petition shall be filed with the court, with copies served on
2the impounding agency, the owner, and anyone claiming an
3interest in the animals. In a "petition for forfeiture prior to
4trial", the burden is on the prosecution to prove by a
5preponderance of the evidence that the person arrested violated
6Section 3.01, 3.02, 3.03, 4.01, or 7.1 of this Act or Section
726-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code
8of 2012.
9    (b) An owner whose companion animal or companion animals
10are removed by a law enforcement officer under this Section
11must be given written notice of the circumstances of the
12removal and of any legal remedies available to him or her. The
13notice must be delivered in person, posted at the place of
14seizure, or delivered to a person residing at the place of
15seizure or, if the address of the owner is different from the
16address of the person from whom the companion animal or
17companion animals were seized, delivered by registered mail to
18his or her last known address.
19    (c) In addition to any other penalty provided by law, upon
20conviction for violating Sections 3, 3.01, 3.02, 3.03, 4.01, or
217.1 of this Act or Section 26-5 or 48-1 of the Criminal Code of
221961 or the Criminal Code of 2012, the court may order the
23convicted person to forfeit to an animal control or animal
24shelter the animal or animals that are the basis of the
25conviction. Upon an order of forfeiture, the convicted person
26is deemed to have permanently relinquished all rights to the



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1animal or animals that are the basis of the conviction, if not
2already. The forfeited animal or animals shall be adopted or
3humanely euthanized. In no event may the convicted person or
4anyone residing in his or her household be permitted to adopt
5or otherwise possess the forfeited animal or animals. The
6court, additionally, may order that the convicted person and
7persons dwelling in the same household as the convicted person
8who conspired, aided, or abetted in the unlawful act that was
9the basis of the conviction, or who knew or should have known
10of the unlawful act, may not own, harbor, or have custody or
11control of any other animals for a period of time that the
12court deems reasonable.
13    (d) In addition to any other penalty, the court shall order
14that a person and persons dwelling in the same household may
15not own, harbor, or have custody or control of any other animal
16if the person has been convicted of 2 or more of the following
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.)