Illinois General Assembly - Full Text of HB2810
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Full Text of HB2810  100th General Assembly



HB2810 EnrolledLRB100 10495 SLF 20709 b

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 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
9offense involving one or more companion animals under Section
103.01, 3.02, or 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 For an on-site impoundment, a petition for posting of
21security may be filed under Section 3.05 of this Act.
22Disposition of the animals shall be controlled by Section 3.06
23of this Act. The State's Attorney may, within 14 days after the
24seizure, file a "petition for forfeiture prior to trial" before
25the court having criminal jurisdiction over the alleged
26charges, asking for permanent forfeiture of the companion



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1animals seized. The petition shall be filed with the court,
2with copies served on the impounding agency, the owner, and
3anyone claiming an interest in the animals. In a "petition for
4forfeiture prior to trial", the burden is on the prosecution to
5prove by a preponderance of the evidence that the person
6arrested violated Section 3.01, 3.02, 3.03, or 4.01, or 7.1 of
7this Act or Section 26-5 or 48-1 of the Criminal Code of 1961
8or the Criminal Code of 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, or 3.03, 4.01,
21or 7.1 of this Act or Section 26-5 or 48-1 of the Criminal Code
22of 1961 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(Source: P.A. 99-321, eff. 1-1-16.)
14    (510 ILCS 70/3.05)
15    Sec. 3.05. Security for companion animals and animals used
16for fighting purposes.
17    (a) In the case of companion animals as defined in Section
182.01a or animals used for fighting purposes in violation of
19Section 4.01 of this Act or Section 26-5 or 48-1 of the
20Criminal Code of 1961 or the Criminal Code of 2012 or a
21violation of 3.01, 3.02, 3.03, or 7.1 of this Act, the animal
22control or animal shelter having custody of the animal or
23animals may file a petition with the court requesting that the
24person from whom the animal or animals are seized, or the owner
25of the animal or animals, be ordered to post security. The



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1security must be in an amount sufficient to secure payment of
2all reasonable expenses expected to be incurred by the animal
3control or animal shelter in caring for and providing for the
4animal or animals pending the disposition of the charges.
5Reasonable expenses include, but are not limited to, estimated
6medical care and boarding of the animal or animals for 30 days.
7The amount of the security shall be determined by the court
8after taking into consideration all of the facts and
9circumstances of the case, including, but not limited to, the
10recommendation of the impounding organization having custody
11and care of the seized animal or animals and the cost of caring
12for the animal or animals. If security has been posted in
13accordance with this Section, the animal control or animal
14shelter may draw from the security the actual costs incurred by
15the agency in caring for the seized animal or animals.
16    (b) Upon receipt of a petition, the court must set a
17hearing on the petition, to be conducted within 5 business days
18after the petition is filed. The petitioner must serve a true
19copy of the petition upon the defendant and the State's
20Attorney for the county in which the animal or animals were
21seized. The petitioner must also serve a true copy of the
22petition on any interested person. For the purposes of this
23subsection, "interested person" means an individual,
24partnership, firm, joint stock company, corporation,
25association, trust, estate, or other legal entity that the
26court determines may have a pecuniary interest in the animal or



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1animals that are the subject of the petition. The court must
2set a hearing date to determine any interested parties. The
3court may waive for good cause shown the posting of security.
4    (c) If the court orders the posting of security, the
5security must be posted with the clerk of the court within 5
6business days after the hearing. If the person ordered to post
7security does not do so, the animal or animals are forfeited by
8operation of law and the animal control or animal shelter
9having control of the animal or animals must dispose of the
10animal or animals through adoption or must humanely euthanize
11the animal. In no event may the defendant or any person
12residing in the defendant's household adopt the animal or
14    (d) The impounding organization may file a petition with
15the court upon the expiration of the 30-day period requesting
16the posting of additional security. The court may order the
17person from whom the animal or animals were seized, or the
18owner of the animal or animals, to post additional security
19with the clerk of the court to secure payment of reasonable
20expenses for an additional period of time pending a
21determination by the court of the charges against the person
22from whom the animal or animals were seized.
23    (e) In no event may the security prevent the impounding
24organization having custody and care of the animal or animals
25from disposing of the animal or animals before the expiration
26of the 30-day period covered by the security if the court makes



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1a final determination of the charges against the person from
2whom the animal or animals were seized. Upon the adjudication
3of the charges, the person who posted the security is entitled
4to a refund of the security, in whole or in part, for any
5expenses not incurred by the impounding organization.
6    (f) Notwithstanding any other provision of this Section to
7the contrary, the court may order a person charged with any
8violation of this Act to provide necessary food, water,
9shelter, and care for any animal or animals that are the basis
10of the charge without the removal of the animal or animals from
11their existing location and until the charges against the
12person are adjudicated. Until a final determination of the
13charges is made, any law enforcement officer, animal control
14officer, Department investigator, or an approved humane
15investigator may be authorized by an order of the court to make
16regular visits to the place where the animal or animals are
17being kept to ascertain if the animal or animals are receiving
18necessary food, water, shelter, and care. Nothing in this
19Section prevents any law enforcement officer, Department
20investigator, or approved humane investigator from applying
21for a warrant under this Section to seize any animal or animals
22being held by the person charged pending the adjudication of
23the charges if it is determined that the animal or animals are
24not receiving the necessary food, water, shelter, or care.
25    (g) Nothing in this Act shall be construed to prevent the
26voluntary, permanent relinquishment of any animal by its owner



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1to an animal control or animal shelter in lieu of posting
2security or proceeding to a forfeiture hearing. Voluntary
3relinquishment shall have no effect on the criminal charges
4that may be pursued by the appropriate authorities.
5    (h) If an owner of a companion animal is acquitted by the
6court of charges made pursuant to this Act, the court shall
7further order that any security that has been posted for the
8animal shall be returned to the owner by the impounding
10    (i) The provisions of this Section only pertain to
11companion animals and animals used for fighting purposes.
12(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
13    (510 ILCS 70/4)  (from Ch. 8, par. 704)
14    Sec. 4. Prohibited acts. No person may sell, offer for
15sale, barter, or give away as a pet or a novelty any rabbit or
16any baby chick, duckling or other fowl which has been dyed,
17colored, or otherwise treated to impart an artificial color
18thereto. Baby chicks or ducklings shall not be sold, offered
19for sale, bartered, or given away as pets or novelties.
20Rabbits, ducklings or baby chicks shall not be awarded as
22    No person may allow for the adoption, transfer, sale, offer
23for sale, barter, or give away any animal forfeited or
24relinquished under Section 3.04 or 3.05 of this Act to the
25person who forfeited the animal or a person residing in that



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1person's household.
2    A person convicted of violating this Section is guilty of a
3Class B misdemeanor. A second or subsequent violation is a
4Class 4 felony, with every day that a violation continues
5constituting a separate offense.
6(Source: P.A. 92-650, eff. 7-11-02.)