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


Rep. Ryan Spain

Filed: 3/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 2810 by replacing
3everything after the enacting clause with the following:
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
10subsection (a) of Section 3 or Section 3.01, 3.02, or 3.03,
114.01, or 7.1 of this Act may lawfully take possession of some
12or all of the companion animals in the possession of the person
13arrested. The officer, after taking possession of the companion
14animals, must file with the court before whom the complaint is
15made against any person so arrested an affidavit stating the
16name of the person charged in the complaint, a description of



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1the condition of the companion animal or companion animals
2taken, and the time and place the companion animal or companion
3animals were taken, together with the name of the person from
4whom the companion animal or companion animals were taken and
5name of the person who claims to own the companion animal or
6companion animals if different from the person from whom the
7companion animal or companion animals were seized. He or she
8must at the same time deliver an inventory of the companion
9animal or companion animals taken to the court of competent
10jurisdiction. The officer must place the companion animal or
11companion animals in the custody of an animal control or animal
12shelter and the agency must retain custody of the companion
13animal or companion animals subject to an order of the court
14adjudicating the charges on the merits and before which the
15person complained against is required to appear for trial. If
16the animal control or animal shelter owns no facility capable
17of housing the companion animals, has no space to house the
18companion animals, or is otherwise unable to house the
19companion animals or the health or condition of the animals
20prevents their removal, the animals shall be impounded at the
21site of the violation pursuant to a court order authorizing the
22impoundment, provided that the person charged is an owner of
23the property. Employees or agents of the animal control or
24animal shelter or law enforcement shall have the authority to
25access the on-site impoundment property for the limited purpose
26of providing care and veterinary treatment for the impounded



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1animals and ensuring their well-being and safety. For an
2on-site impoundment, a petition for posting of security may be
3filed under Section 3.05 of this Act. Disposition of the
4animals shall be controlled by Section 3.06 of this Act. The
5State's Attorney may, within 14 days after the seizure, file a
6"petition for forfeiture prior to trial" before the court
7having criminal jurisdiction over the alleged charges, asking
8for permanent forfeiture of the companion animals seized. The
9petition shall be filed with the court, with copies served on
10the impounding agency, the owner, and anyone claiming an
11interest in the animals. In a "petition for forfeiture prior to
12trial", the burden is on the prosecution to prove by a
13preponderance of the evidence that the person arrested violated
14subsection (a) of Section 3 or Section 3.01, 3.02, 3.03, or
154.01, or 7.1 of this Act or Section 26-5 or 48-1 of the
16Criminal Code of 1961 or the Criminal Code of 2012.
17    (b) An owner whose companion animal or companion animals
18are removed by a law enforcement officer under this Section
19must be given written notice of the circumstances of the
20removal and of any legal remedies available to him or her. The
21notice must be delivered in person, posted at the place of
22seizure, or delivered to a person residing at the place of
23seizure or, if the address of the owner is different from the
24address of the person from whom the companion animal or
25companion animals were seized, delivered by registered mail to
26his or her last known address.



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1    (c) In addition to any other penalty provided by law, upon
2conviction for violating Sections 3, 3.01, 3.02, or 3.03, or
37.1 the court may order the convicted person to forfeit to an
4animal control or animal shelter the animal or animals that are
5the basis of the conviction. Upon an order of forfeiture, the
6convicted person is deemed to have permanently relinquished all
7rights to the animal or animals that are the basis of the
8conviction, if not already done so. The forfeited animal or
9animals shall be adopted or humanely euthanized. In no event
10may the convicted person or anyone residing in his or her
11household be permitted to adopt or otherwise possess the
12forfeited animal or animals. The court, additionally, may order
13that the convicted person and persons dwelling in the same
14household as the convicted person who conspired, aided, or
15abetted in the unlawful act that was the basis of the
16conviction, or who knew or should have known of the unlawful
17act, may not own, harbor, or have custody or control of any
18other animals for a period of time that the court deems
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
23for fighting purposes.
24    (a) In the case of companion animals as defined in Section
252.01a or animals used for fighting purposes in violation of



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1subsection (a) of Section 3 or Section 3.01, 3.02, 3.03,
2Section 4.01, or 7.1 of this Act or Section 26-5 or 48-1 of the
3Criminal Code of 1961 or the Criminal Code of 2012, the animal
4control or animal shelter having custody of the animal or
5animals may file a petition with the court requesting that the
6person from whom the animal or animals are seized, or the owner
7of the animal or animals, be ordered to post security. The
8security must be in an amount sufficient to secure payment of
9all reasonable expenses expected to be incurred by the animal
10control or animal shelter in caring for and providing for the
11animal or animals pending the disposition of the charges.
12Reasonable expenses include, but are not limited to, estimated
13medical care and boarding of the animal or animals for 30 days.
14The amount of the security shall be determined by the court
15after taking into consideration all of the facts and
16circumstances of the case, including, but not limited to, the
17recommendation of the impounding organization having custody
18and care of the seized animal or animals and the cost of caring
19for the animal or animals. If security has been posted in
20accordance with this Section, the animal control or animal
21shelter may draw from the security the actual costs incurred by
22the agency in caring for the seized animal or animals.
23    (b) Upon receipt of a petition, the court must set a
24hearing on the petition, to be conducted within 5 business days
25after the petition is filed. The petitioner must serve a true
26copy of the petition upon the defendant and the State's



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1Attorney for the county in which the animal or animals were
2seized. The petitioner must also serve a true copy of the
3petition on any interested person. For the purposes of this
4subsection, "interested person" means an individual,
5partnership, firm, joint stock company, corporation,
6association, trust, estate, or other legal entity that the
7court determines may have a pecuniary interest in the animal or
8animals that are the subject of the petition. The court must
9set a hearing date to determine any interested parties. The
10court may waive for good cause shown the posting of security.
11    (c) If the court orders the posting of security, the
12security must be posted with the clerk of the court within 5
13business days after the hearing. If the person ordered to post
14security does not do so, the animal or animals are forfeited by
15operation of law and the animal control or animal shelter
16having control of the animal or animals must dispose of the
17animal or animals through adoption or must humanely euthanize
18the animal. In no event may the defendant or any person
19residing in the defendant's household adopt the animal or
21    (d) The impounding organization may file a petition with
22the court upon the expiration of the 30-day period requesting
23the posting of additional security. The court may order the
24person from whom the animal or animals were seized, or the
25owner of the animal or animals, to post additional security
26with the clerk of the court to secure payment of reasonable



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1expenses for an additional period of time pending a
2determination by the court of the charges against the person
3from whom the animal or animals were seized.
4    (e) In no event may the security prevent the impounding
5organization having custody and care of the animal or animals
6from disposing of the animal or animals before the expiration
7of the 30-day period covered by the security if the court makes
8a final determination of the charges against the person from
9whom the animal or animals were seized. Upon the adjudication
10of the charges, the person who posted the security is entitled
11to a refund of the security, in whole or in part, for any
12expenses not incurred by the impounding organization.
13    (f) Notwithstanding any other provision of this Section to
14the contrary, the court may order a person charged with any
15violation of this Act to provide necessary food, water,
16shelter, and care for any animal or animals that are the basis
17of the charge without the removal of the animal or animals from
18their existing location and until the charges against the
19person are adjudicated. Until a final determination of the
20charges is made, any law enforcement officer, animal control
21officer, Department investigator, or an approved humane
22investigator may be authorized by an order of the court to make
23regular visits to the place where the animal or animals are
24being kept to ascertain if the animal or animals are receiving
25necessary food, water, shelter, and care. Nothing in this
26Section prevents any law enforcement officer, Department



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1investigator, or approved humane investigator from applying
2for a warrant under this Section to seize any animal or animals
3being held by the person charged pending the adjudication of
4the charges if it is determined that the animal or animals are
5not receiving the necessary food, water, shelter, or care.
6    (g) Nothing in this Act shall be construed to prevent the
7voluntary, permanent relinquishment of any animal by its owner
8to an animal control or animal shelter in lieu of posting
9security or proceeding to a forfeiture hearing. Voluntary
10relinquishment shall have no effect on the criminal charges
11that may be pursued by the appropriate authorities.
12    (h) If an owner of a companion animal is acquitted by the
13court of charges made pursuant to this Act, the court shall
14further order that any security that has been posted for the
15animal shall be returned to the owner by the impounding
17    (i) The provisions of this Section only pertain to
18companion 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
22sale, barter, or give away as a pet or a novelty any rabbit or
23any baby chick, duckling or other fowl which has been dyed,
24colored, or otherwise treated to impart an artificial color
25thereto. Baby chicks or ducklings shall not be sold, offered



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1for sale, bartered, or given away as pets or novelties.
2Rabbits, ducklings or baby chicks shall not be awarded as
4    No person may adopt, transfer, sell, offer for sale,
5barter, or give away as a pet a dog or cat forfeited under
6Section 3.04 or 3.05 of this Act to the person who forfeited
7the animal or a person residing in that person's household.
8    A person convicted of violating this Section is guilty of a
9Class B misdemeanor. A second or subsequent violation is a
10Class 4 felony, with every day that a violation continues
11constituting a separate offense.
12(Source: P.A. 92-650, eff. 7-11-02.)".