SB 2892

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Full Text of SB2892
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	SB2892 - 104th General Assembly
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			Senate Amendment 001
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		SB2892 Enrolled		LRB104 15685 BDA 28863 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 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, 3.03-1, 4.01, 4.03, 4.04, 6, 7.1, or 7.15 of
11this Act may lawfully take possession of some or all of the
12companion animals in the possession of the person arrested.
13The officer, after taking possession of the companion animals,
14must file with the court before whom the complaint is made
15against any person so arrested an affidavit stating the name
16of the person charged in the complaint, a description of the
17condition of the companion animal or companion animals taken,
18and the time and place the companion animal or companion
19animals were taken, together with the name of the person from
20whom the companion animal or companion animals were taken and
21name of the person who claims to own the companion animal or
22companion animals if different from the person from whom the
23companion animal or companion animals were seized. He or she
		SB2892 Enrolled	- 2 -	LRB104 15685 BDA 28863 b
1must at the same time deliver an inventory of the companion
2animal or companion animals taken to the court of competent
3jurisdiction. The officer must place the companion animal or
4companion animals in the custody of an animal control or
5animal shelter and the agency must retain custody of the
6companion animal or companion animals subject to an order of
7the court adjudicating the charges on the merits and before
8which the person complained against is required to appear for
9trial. If the animal control or animal shelter owns no
10facility capable of housing the companion animals, has no
11space to house the companion animals, or is otherwise unable
12to house the companion animals or the health or condition of
13the animals prevents their removal, the animals shall be
14impounded at the site of the violation pursuant to a court
15order authorizing the impoundment, provided that the person
16charged is an owner of the property. Employees or agents of the
17animal control or animal shelter or law enforcement shall have
18the authority to access the on-site impoundment property for
19the limited purpose of providing care and veterinary treatment
20for the impounded animals and ensuring their well-being and
21safety. Upon impoundment, a petition for posting of security
22may be filed under Section 3.05 of this Act. Disposition of the
23animals shall be controlled by Section 3.06 of this Act. The
24State's Attorney may, within 30 [14] days after the seizure,
25file a "petition for forfeiture prior to trial" before the
26court having criminal jurisdiction over the alleged charges,
		SB2892 Enrolled	- 3 -	LRB104 15685 BDA 28863 b
1asking for permanent forfeiture of the companion animals
2seized. The petition shall be filed with the court, with
3copies served on the impounding agency, the owner, and anyone
4claiming an interest in the animals. In a "petition for
5forfeiture prior to trial", the burden is on the prosecution
6to prove by a preponderance of the evidence that the person
7arrested violated Section 3.01, 3.02, 3.03, 3.03-1, 4.01,
84.03, 4.04, 6, 7.1, or 7.15 of this Act or Section 26-5 or 48-1
9of the Criminal Code of 1961 or the Criminal Code of 2012. Upon 
10receipt of a petition under this subsection, the court shall 
11set a hearing on the petition. The hearing shall be conducted 
12within 14 days after the filing of the petition, or as soon 
13thereafter as practicable, but not more than 45 days after the 
14filing of the petition.
15    (b) An owner whose companion animal or companion animals
16are removed by a law enforcement officer under this Section
17must be given written notice of the circumstances of the
18removal and of any legal remedies available to him or her. The
19notice must be delivered in person, posted at the place of
20seizure, or delivered to a person residing at the place of
21seizure or, if the address of the owner is different from the
22address of the person from whom the companion animal or
23companion animals were seized, delivered by registered mail to
24his or her last known address.
25    (c) In addition to any other penalty provided by law, upon
26conviction of or being placed on supervision for violating
		SB2892 Enrolled	- 4 -	LRB104 15685 BDA 28863 b
1Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6,
27.1, or 7.15 of this Act or Section 26-5 or 48-1 of the
3Criminal Code of 1961 or the Criminal Code of 2012, the court
4may order the person convicted or placed on supervision to
5forfeit to an animal control or animal shelter the animal or
6animals that are the basis of the conviction or order for
7supervision. Upon an order of forfeiture, the person convicted
8or placed on supervision is deemed to have permanently
9relinquished all rights to the animal or animals that are the
10basis of the conviction or order for supervision, if not
11already. The forfeited animal or animals shall be adopted or
12humanely euthanized. In no event may the person convicted or
13placed on supervision, or anyone residing in his or her
14household be permitted to adopt or otherwise possess the
15forfeited animal or animals. The court, additionally, may
16order that the person convicted or placed on supervision, and
17persons dwelling in the same household as the person convicted
18or placed on supervision who conspired, aided, or abetted in
19the unlawful act that was the basis of the conviction or order
20for supervision, or who knew or should have known of the
21unlawful act, may not own, possess, harbor, or have custody or
22control of any other animals for a period of time that the
23court deems reasonable, up to and including permanent
24relinquishment.
25    (d) In addition to any other penalty, the court may order
26that a person and persons dwelling in the same household may
		SB2892 Enrolled	- 5 -	LRB104 15685 BDA 28863 b
1not own, harbor, or have custody or control of any other animal
2if the person has been convicted of 2 or more of the following
3offenses:
4        (1) a violation of Section 3.02 of this Act;
5        (2) a violation of Section 4.01 of this Act; or
6        (3) a violation of Section 48-1 of the Criminal Code
7    of 2012.
8    (e) A person who violates the prohibition against owning,
9possessing, harboring, having custody, or having control of
10animals is subject to immediate forfeiture of any animal
11illegally owned in violation of subsection (c). A person who
12owns, possesses, harbors, has custody, or has control of an
13animal in violation of an order issued under subsection (c) is
14also subject to the civil and criminal contempt power of the
15court and, if found guilty of criminal contempt, may be
16subject to imprisonment for not more than 90 days, a fine of
17not more than $2,500, or both.
18(Source: P.A. 102-114, eff. 1-1-22; 103-490, eff. 8-4-23.)