104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3222 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED: 510 ILCS 70/3.04 Amends the Humane Care for Animals Act. Provides that a law enforcement officer who arrests the owner of a companion animal for a violation of the owner's duties may lawfully take possession of some or all of the companion animals in the possession of the owner. Allows a State's Attorney 30 days (rather than 14 days) after seizure of a companion animal to file a petition for forfeiture prior to trial, asking for permanent forfeiture of the companion animals seized. LRB104 08616 BDA 18668 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3222 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED: 510 ILCS 70/3.04 510 ILCS 70/3.04 Amends the Humane Care for Animals Act. Provides that a law enforcement officer who arrests the owner of a companion animal for a violation of the owner's duties may lawfully take possession of some or all of the companion animals in the possession of the owner. Allows a State's Attorney 30 days (rather than 14 days) after seizure of a companion animal to file a petition for forfeiture prior to trial, asking for permanent forfeiture of the companion animals seized. LRB104 08616 BDA 18668 b LRB104 08616 BDA 18668 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3222 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED:
510 ILCS 70/3.04 510 ILCS 70/3.04
510 ILCS 70/3.04
Amends the Humane Care for Animals Act. Provides that a law enforcement officer who arrests the owner of a companion animal for a violation of the owner's duties may lawfully take possession of some or all of the companion animals in the possession of the owner. Allows a State's Attorney 30 days (rather than 14 days) after seizure of a companion animal to file a petition for forfeiture prior to trial, asking for permanent forfeiture of the companion animals seized.
LRB104 08616 BDA 18668 b LRB104 08616 BDA 18668 b
LRB104 08616 BDA 18668 b
A BILL FOR
HB3222LRB104 08616 BDA 18668 b HB3222 LRB104 08616 BDA 18668 b
HB3222 LRB104 08616 BDA 18668 b
1 AN ACT concerning animals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Humane Care for Animals Act is amended by
5 changing 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
9 offense involving one or more companion animals under Section
10 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, 7.1, or 7.15
11 of this Act may lawfully take possession of some or all of the
12 companion animals in the possession of the person arrested.
13 The officer, after taking possession of the companion animals,
14 must file with the court before whom the complaint is made
15 against any person so arrested an affidavit stating the name
16 of the person charged in the complaint, a description of the
17 condition of the companion animal or companion animals taken,
18 and the time and place the companion animal or companion
19 animals were taken, together with the name of the person from
20 whom the companion animal or companion animals were taken and
21 name of the person who claims to own the companion animal or
22 companion animals if different from the person from whom the
23 companion animal or companion animals were seized. He or she
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3222 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED:
510 ILCS 70/3.04 510 ILCS 70/3.04
510 ILCS 70/3.04
Amends the Humane Care for Animals Act. Provides that a law enforcement officer who arrests the owner of a companion animal for a violation of the owner's duties may lawfully take possession of some or all of the companion animals in the possession of the owner. Allows a State's Attorney 30 days (rather than 14 days) after seizure of a companion animal to file a petition for forfeiture prior to trial, asking for permanent forfeiture of the companion animals seized.
LRB104 08616 BDA 18668 b LRB104 08616 BDA 18668 b
LRB104 08616 BDA 18668 b
A BILL FOR
510 ILCS 70/3.04
LRB104 08616 BDA 18668 b
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1 must at the same time deliver an inventory of the companion
2 animal or companion animals taken to the court of competent
3 jurisdiction. The officer must place the companion animal or
4 companion animals in the custody of an animal control or
5 animal shelter and the agency must retain custody of the
6 companion animal or companion animals subject to an order of
7 the court adjudicating the charges on the merits and before
8 which the person complained against is required to appear for
9 trial. If the animal control or animal shelter owns no
10 facility capable of housing the companion animals, has no
11 space to house the companion animals, or is otherwise unable
12 to house the companion animals or the health or condition of
13 the animals prevents their removal, the animals shall be
14 impounded at the site of the violation pursuant to a court
15 order authorizing the impoundment, provided that the person
16 charged is an owner of the property. Employees or agents of the
17 animal control or animal shelter or law enforcement shall have
18 the authority to access the on-site impoundment property for
19 the limited purpose of providing care and veterinary treatment
20 for the impounded animals and ensuring their well-being and
21 safety. Upon impoundment, a petition for posting of security
22 may be filed under Section 3.05 of this Act. Disposition of the
23 animals shall be controlled by Section 3.06 of this Act. The
24 State's Attorney may, within 30 14 days after the seizure,
25 file a "petition for forfeiture prior to trial" before the
26 court having criminal jurisdiction over the alleged charges,
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1 asking for permanent forfeiture of the companion animals
2 seized. The petition shall be filed with the court, with
3 copies served on the impounding agency, the owner, and anyone
4 claiming an interest in the animals. In a "petition for
5 forfeiture prior to trial", the burden is on the prosecution
6 to prove by a preponderance of the evidence that the person
7 arrested violated Section 3, 3.01, 3.02, 3.03, 3.03-1, 4.01,
8 4.03, 4.04, 6, 7.1, or 7.15 of this Act or Section 26-5 or 48-1
9 of the Criminal Code of 1961 or the Criminal Code of 2012.
10 (b) An owner whose companion animal or companion animals
11 are removed by a law enforcement officer under this Section
12 must be given written notice of the circumstances of the
13 removal and of any legal remedies available to him or her. The
14 notice must be delivered in person, posted at the place of
15 seizure, or delivered to a person residing at the place of
16 seizure or, if the address of the owner is different from the
17 address of the person from whom the companion animal or
18 companion animals were seized, delivered by registered mail to
19 his or her last known address.
20 (c) In addition to any other penalty provided by law, upon
21 conviction of or being placed on supervision for violating
22 Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6,
23 7.1, or 7.15 of this Act or Section 26-5 or 48-1 of the
24 Criminal Code of 1961 or the Criminal Code of 2012, the court
25 may order the person convicted or placed on supervision to
26 forfeit to an animal control or animal shelter the animal or
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1 animals that are the basis of the conviction or order for
2 supervision. Upon an order of forfeiture, the person convicted
3 or placed on supervision is deemed to have permanently
4 relinquished all rights to the animal or animals that are the
5 basis of the conviction or order for supervision, if not
6 already. The forfeited animal or animals shall be adopted or
7 humanely euthanized. In no event may the person convicted or
8 placed on supervision, or anyone residing in his or her
9 household be permitted to adopt or otherwise possess the
10 forfeited animal or animals. The court, additionally, may
11 order that the person convicted or placed on supervision, and
12 persons dwelling in the same household as the person convicted
13 or placed on supervision who conspired, aided, or abetted in
14 the unlawful act that was the basis of the conviction or order
15 for supervision, or who knew or should have known of the
16 unlawful act, may not own, possess, harbor, or have custody or
17 control of any other animals for a period of time that the
18 court deems reasonable, up to and including permanent
19 relinquishment.
20 (d) In addition to any other penalty, the court may order
21 that a person and persons dwelling in the same household may
22 not own, harbor, or have custody or control of any other animal
23 if the person has been convicted of 2 or more of the following
24 offenses:
25 (1) a violation of Section 3.02 of this Act;
26 (2) a violation of Section 4.01 of this Act; or
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