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


Rep. Ryan Spain

Filed: 4/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 2810, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Humane Care for Animals Act is amended by
6changing Sections 3.04, 3.05, and 4 as follows:
7    (510 ILCS 70/3.04)
8    Sec. 3.04. Arrests and seizures; penalties.
9    (a) Any law enforcement officer making an arrest for an
10offense involving one or more companion animals under Section
113.01, 3.02, or 3.03, 4.01, or 7.1 of this Act may lawfully take
12possession of some or all of the companion animals in the
13possession of the person arrested. The officer, after taking
14possession of the companion animals, must file with the court
15before whom the complaint is made against any person so
16arrested an affidavit stating the name of the person charged in



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



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1the impounded animals and ensuring their well-being and safety.
2Upon For an on-site impoundment, a petition for posting of
3security may be filed under Section 3.05 of this Act.
4Disposition of the animals shall be controlled by Section 3.06
5of this Act. The State's Attorney may, within 14 days after the
6seizure, file a "petition for forfeiture prior to trial" before
7the court having criminal jurisdiction over the alleged
8charges, asking for permanent forfeiture of the companion
9animals seized. The petition shall be filed with the court,
10with copies served on the impounding agency, the owner, and
11anyone claiming an interest in the animals. In a "petition for
12forfeiture prior to trial", the burden is on the prosecution to
13prove by a preponderance of the evidence that the person
14arrested violated Section 3.01, 3.02, 3.03, or 4.01, or 7.1 of
15this Act or Section 26-5 or 48-1 of the Criminal Code of 1961
16or 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, 4.01,
3or 7.1 of this Act or Section 26-5 or 48-1 of the Criminal Code
4of 1961 or the Criminal Code of 2012, the court may order the
5convicted person to forfeit to an animal control or animal
6shelter the animal or animals that are the basis of the
7conviction. Upon an order of forfeiture, the convicted person
8is deemed to have permanently relinquished all rights to the
9animal or animals that are the basis of the conviction, if not
10already. The forfeited animal or animals shall be adopted or
11humanely euthanized. In no event may the convicted person or
12anyone residing in his or her household be permitted to adopt
13or otherwise possess the forfeited animal or animals. The
14court, additionally, may order that the convicted person and
15persons dwelling in the same household as the convicted person
16who conspired, aided, or abetted in the unlawful act that was
17the basis of the conviction, or who knew or should have known
18of the unlawful act, may not own, harbor, or have custody or
19control of any other animals for a period of time that the
20court deems reasonable.
21(Source: P.A. 99-321, eff. 1-1-16.)
22    (510 ILCS 70/3.05)
23    Sec. 3.05. Security for companion animals and animals used
24for fighting purposes.
25    (a) In the case of companion animals as defined in Section



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12.01a or animals used for fighting purposes in violation of
2Section 4.01 of this Act or Section 26-5 or 48-1 of the
3Criminal Code of 1961 or the Criminal Code of 2012 or a
4violation of 3.01, 3.02, 3.03, or 7.1 of this Act, the animal
5control or animal shelter having custody of the animal or
6animals may file a petition with the court requesting that the
7person from whom the animal or animals are seized, or the owner
8of the animal or animals, be ordered to post security. The
9security must be in an amount sufficient to secure payment of
10all reasonable expenses expected to be incurred by the animal
11control or animal shelter in caring for and providing for the
12animal or animals pending the disposition of the charges.
13Reasonable expenses include, but are not limited to, estimated
14medical care and boarding of the animal or animals for 30 days.
15The amount of the security shall be determined by the court
16after taking into consideration all of the facts and
17circumstances of the case, including, but not limited to, the
18recommendation of the impounding organization having custody
19and care of the seized animal or animals and the cost of caring
20for the animal or animals. If security has been posted in
21accordance with this Section, the animal control or animal
22shelter may draw from the security the actual costs incurred by
23the agency in caring for the seized animal or animals.
24    (b) Upon receipt of a petition, the court must set a
25hearing on the petition, to be conducted within 5 business days
26after the petition is filed. The petitioner must serve a true



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1copy of the petition upon the defendant and the State's
2Attorney for the county in which the animal or animals were
3seized. The petitioner must also serve a true copy of the
4petition on any interested person. For the purposes of this
5subsection, "interested person" means an individual,
6partnership, firm, joint stock company, corporation,
7association, trust, estate, or other legal entity that the
8court determines may have a pecuniary interest in the animal or
9animals that are the subject of the petition. The court must
10set a hearing date to determine any interested parties. The
11court may waive for good cause shown the posting of security.
12    (c) If the court orders the posting of security, the
13security must be posted with the clerk of the court within 5
14business days after the hearing. If the person ordered to post
15security does not do so, the animal or animals are forfeited by
16operation of law and the animal control or animal shelter
17having control of the animal or animals must dispose of the
18animal or animals through adoption or must humanely euthanize
19the animal. In no event may the defendant or any person
20residing in the defendant's household adopt the animal or
22    (d) The impounding organization may file a petition with
23the court upon the expiration of the 30-day period requesting
24the posting of additional security. The court may order the
25person from whom the animal or animals were seized, or the
26owner of the animal or animals, to post additional security



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



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1Section prevents any law enforcement officer, Department
2investigator, or approved humane investigator from applying
3for a warrant under this Section to seize any animal or animals
4being held by the person charged pending the adjudication of
5the charges if it is determined that the animal or animals are
6not receiving the necessary food, water, shelter, or care.
7    (g) Nothing in this Act shall be construed to prevent the
8voluntary, permanent relinquishment of any animal by its owner
9to an animal control or animal shelter in lieu of posting
10security or proceeding to a forfeiture hearing. Voluntary
11relinquishment shall have no effect on the criminal charges
12that may be pursued by the appropriate authorities.
13    (h) If an owner of a companion animal is acquitted by the
14court of charges made pursuant to this Act, the court shall
15further order that any security that has been posted for the
16animal shall be returned to the owner by the impounding
18    (i) The provisions of this Section only pertain to
19companion animals and animals used for fighting purposes.
20(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
21    (510 ILCS 70/4)  (from Ch. 8, par. 704)
22    Sec. 4. Prohibited acts. No person may sell, offer for
23sale, barter, or give away as a pet or a novelty any rabbit or
24any baby chick, duckling or other fowl which has been dyed,
25colored, or otherwise treated to impart an artificial color



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1thereto. Baby chicks or ducklings shall not be sold, offered
2for sale, bartered, or given away as pets or novelties.
3Rabbits, ducklings or baby chicks shall not be awarded as
5    No person may allow for the adoption, transfer, sale, offer
6for sale, barter, or give away as a pet a dog or cat forfeited
7or relinquished under Section 3.04 or 3.05 of this Act to the
8person who forfeited the animal or a person residing in that
9person's household.
10    A person convicted of violating this Section is guilty of a
11Class B misdemeanor. A second or subsequent violation is a
12Class 4 felony, with every day that a violation continues
13constituting a separate offense.
14(Source: P.A. 92-650, eff. 7-11-02.)".