Illinois 2025-2026 Regular Session

Illinois House Bill HB3222 Compare Versions

Only one version of the bill is available at this time.

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1	1	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
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3222 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED:
3	3	510 ILCS 70/3.04 510 ILCS 70/3.04
4	4	510 ILCS 70/3.04
5	5	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.
6	6	LRB104 08616 BDA 18668 b LRB104 08616 BDA 18668 b
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8	8	A BILL FOR
9	9	HB3222LRB104 08616 BDA 18668 b HB3222 LRB104 08616 BDA 18668 b
10	10	HB3222 LRB104 08616 BDA 18668 b
11	11	1 AN ACT concerning animals.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Humane Care for Animals Act is amended by
15	15	5 changing Section 3.04 as follows:
16	16	6 (510 ILCS 70/3.04)
17	17	7 Sec. 3.04. Arrests and seizures; penalties.
18	18	8 (a) Any law enforcement officer making an arrest for an
19	19	9 offense involving one or more companion animals under Section
20	20	10 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6, 7.1, or 7.15
21	21	11 of this Act may lawfully take possession of some or all of the
22	22	12 companion animals in the possession of the person arrested.
23	23	13 The officer, after taking possession of the companion animals,
24	24	14 must file with the court before whom the complaint is made
25	25	15 against any person so arrested an affidavit stating the name
26	26	16 of the person charged in the complaint, a description of the
27	27	17 condition of the companion animal or companion animals taken,
28	28	18 and the time and place the companion animal or companion
29	29	19 animals were taken, together with the name of the person from
30	30	20 whom the companion animal or companion animals were taken and
31	31	21 name of the person who claims to own the companion animal or
32	32	22 companion animals if different from the person from whom the
33	33	23 companion animal or companion animals were seized. He or she
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3222 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED:
38	38	510 ILCS 70/3.04 510 ILCS 70/3.04
39	39	510 ILCS 70/3.04
40	40	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.
41	41	LRB104 08616 BDA 18668 b LRB104 08616 BDA 18668 b
42	42	LRB104 08616 BDA 18668 b
43	43	A BILL FOR
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49	49	510 ILCS 70/3.04
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68	68	1 must at the same time deliver an inventory of the companion
69	69	2 animal or companion animals taken to the court of competent
70	70	3 jurisdiction. The officer must place the companion animal or
71	71	4 companion animals in the custody of an animal control or
72	72	5 animal shelter and the agency must retain custody of the
73	73	6 companion animal or companion animals subject to an order of
74	74	7 the court adjudicating the charges on the merits and before
75	75	8 which the person complained against is required to appear for
76	76	9 trial. If the animal control or animal shelter owns no
77	77	10 facility capable of housing the companion animals, has no
78	78	11 space to house the companion animals, or is otherwise unable
79	79	12 to house the companion animals or the health or condition of
80	80	13 the animals prevents their removal, the animals shall be
81	81	14 impounded at the site of the violation pursuant to a court
82	82	15 order authorizing the impoundment, provided that the person
83	83	16 charged is an owner of the property. Employees or agents of the
84	84	17 animal control or animal shelter or law enforcement shall have
85	85	18 the authority to access the on-site impoundment property for
86	86	19 the limited purpose of providing care and veterinary treatment
87	87	20 for the impounded animals and ensuring their well-being and
88	88	21 safety. Upon impoundment, a petition for posting of security
89	89	22 may be filed under Section 3.05 of this Act. Disposition of the
90	90	23 animals shall be controlled by Section 3.06 of this Act. The
91	91	24 State's Attorney may, within 30 14 days after the seizure,
92	92	25 file a "petition for forfeiture prior to trial" before the
93	93	26 court having criminal jurisdiction over the alleged charges,
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104	104	1 asking for permanent forfeiture of the companion animals
105	105	2 seized. The petition shall be filed with the court, with
106	106	3 copies served on the impounding agency, the owner, and anyone
107	107	4 claiming an interest in the animals. In a "petition for
108	108	5 forfeiture prior to trial", the burden is on the prosecution
109	109	6 to prove by a preponderance of the evidence that the person
110	110	7 arrested violated Section 3, 3.01, 3.02, 3.03, 3.03-1, 4.01,
111	111	8 4.03, 4.04, 6, 7.1, or 7.15 of this Act or Section 26-5 or 48-1
112	112	9 of the Criminal Code of 1961 or the Criminal Code of 2012.
113	113	10 (b) An owner whose companion animal or companion animals
114	114	11 are removed by a law enforcement officer under this Section
115	115	12 must be given written notice of the circumstances of the
116	116	13 removal and of any legal remedies available to him or her. The
117	117	14 notice must be delivered in person, posted at the place of
118	118	15 seizure, or delivered to a person residing at the place of
119	119	16 seizure or, if the address of the owner is different from the
120	120	17 address of the person from whom the companion animal or
121	121	18 companion animals were seized, delivered by registered mail to
122	122	19 his or her last known address.
123	123	20 (c) In addition to any other penalty provided by law, upon
124	124	21 conviction of or being placed on supervision for violating
125	125	22 Sections 3, 3.01, 3.02, 3.03, 3.03-1, 4.01, 4.03, 4.04, 6,
126	126	23 7.1, or 7.15 of this Act or Section 26-5 or 48-1 of the
127	127	24 Criminal Code of 1961 or the Criminal Code of 2012, the court
128	128	25 may order the person convicted or placed on supervision to
129	129	26 forfeit to an animal control or animal shelter the animal or
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140	140	1 animals that are the basis of the conviction or order for
141	141	2 supervision. Upon an order of forfeiture, the person convicted
142	142	3 or placed on supervision is deemed to have permanently
143	143	4 relinquished all rights to the animal or animals that are the
144	144	5 basis of the conviction or order for supervision, if not
145	145	6 already. The forfeited animal or animals shall be adopted or
146	146	7 humanely euthanized. In no event may the person convicted or
147	147	8 placed on supervision, or anyone residing in his or her
148	148	9 household be permitted to adopt or otherwise possess the
149	149	10 forfeited animal or animals. The court, additionally, may
150	150	11 order that the person convicted or placed on supervision, and
151	151	12 persons dwelling in the same household as the person convicted
152	152	13 or placed on supervision who conspired, aided, or abetted in
153	153	14 the unlawful act that was the basis of the conviction or order
154	154	15 for supervision, or who knew or should have known of the
155	155	16 unlawful act, may not own, possess, harbor, or have custody or
156	156	17 control of any other animals for a period of time that the
157	157	18 court deems reasonable, up to and including permanent
158	158	19 relinquishment.
159	159	20 (d) In addition to any other penalty, the court may order
160	160	21 that a person and persons dwelling in the same household may
161	161	22 not own, harbor, or have custody or control of any other animal
162	162	23 if the person has been convicted of 2 or more of the following
163	163	24 offenses:
164	164	25 (1) a violation of Section 3.02 of this Act;
165	165	26 (2) a violation of Section 4.01 of this Act; or
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