510 ILCS 68/ Herptiles-Herps Act

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510 ILCS 68/Art. 100

(510 ILCS 68/Art. 100 heading)

ARTICLE 100. SEIZURE AND FORFEITURE

(Source: P.A. 98-752, eff. 1-1-15.)

510 ILCS 68/100-5

(510 ILCS 68/100-5)
Sec. 100-5. Prima facie evidence; confiscation.

The possession of any herptile, special use herptile, or part of any herptile or special use herptile protected under this Act is prima facie evidence that the herptile or special use herptile or any part of is subject to the provisions of this Act, including administrative rules.

Whenever the contents of any box, barrel, package, or receptacle consists partly of contraband and partly of a legally possessed or shipped herptile or special use herptile or any part of a legally possessed or shipped herptile or special use herptile, the entire contents of the box, barrel, or package, or other receptacle are subject to confiscation.

Whenever a person has in his or her possession in excess of the number of herptiles or special use herptiles or any parts of herptiles or special use herptiles permitted under this Act, including administrative rules, the entire number of herptiles or special use herptiles or any parts of herptiles or special use herptiles in his or her possession is subject to confiscation, seizure, or forfeiture.

(Source: P.A. 102-315, eff. 1-1-22.)

510 ILCS 68/100-10

(510 ILCS 68/100-10)
Sec. 100-10. Search and seizure.

Whenever any authorized employee of the Department, sheriff, deputy sheriff, or other peace officer of the State has reason to believe that any person, owner, possessor, commercial institution, pet store, or reptile show vendor or attendee possesses any herptile or any part or parts of a herptile contrary to the provisions of this Act, including administrative rules, he or she may file, or cause to be filed, a sworn complaint to that effect before the circuit court and procure and execute a search warrant.  Upon execution of the search warrant, the officer executing the search warrant shall make due return of the search warrant to the court issuing the search warrant, together with an inventory of all the herptiles or any part or parts of a herptile taken under the search warrant.  The court shall then issue process against the party owning, controlling, or transporting the herptile or any part of a herptile seized, and upon its return shall proceed to determine whether or not the herptile or any part or parts of a herptile were held, possessed, or transported in violation of this Act, including administrative rules.  In case of a finding that a herptile was illegally held, possessed, transported, or sold, a judgment shall be entered against the owner or party found in possession of the herptile or any part or parts of a herptile for the costs of the proceeding and providing for the disposition of the property seized, as provided for by this Act.

(Source: P.A. 102-315, eff. 1-1-22; 103-154, eff. 6-30-23.)

510 ILCS 68/100-15

(510 ILCS 68/100-15)
Sec. 100-15. Seizure and forfeiture.

If any person is found to possess a special use herptile that is in violation of this Act, including any administrative rules, then the special use herptile and any equipment or items used contrary to this Act shall be subject to seizure and forfeiture by the Department under Section 100-10. Any special use herptile seized in violation of this Act may immediately be placed in a facility approved by the Department.

If a person's special use herptile has been seized by the Department, then the owner and possessor of the special use herptile is liable for the reasonable costs associated with the seizure, placement, testing, and care for the special use herptile from the time of confiscation until the time the special use herptile is relocated to an approved facility or person holding a valid Herptile Special Use permit or is otherwise disposed of by the Department.

The circuit court, in addition to any other penalty, may award any seized or confiscated special use herptiles or items to the Department. The circuit court, in addition to any other penalty, may assess a fee upon a person who pleads guilty to the provisions of this Act equal to the amount established or determined to maintain the special use herptile until it is permanently placed in a facility approved by the Department or otherwise disposed of.

(Source: P.A. 102-315, eff. 1-1-22.)