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Illinois General Assembly· HB 4540Governor Approved

POSSESSION DISPUTES-PETS, the official text

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HB4540 Enrolled                     LRB104 17489 JRC 30915 b

1   AN ACT concerning companion animals.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 1. This Act may be referred to as the Companion

5 Animal Custody Equity Act.

6   Section 5. Findings; purpose. The General Assembly finds

7 that:

8        (1) Companion animals often occupy a unique role

9   within households that is not fully reflected in existing

10  statutory frameworks governing possession disputes.

11       (2) Current Illinois law permits courts to consider

12  the well-being of a companion animal primarily within

13  dissolution of marriage proceedings.

14       (3) In disputes involving unmarried parties, courts

15  may lack explicit statutory guidance to evaluate

16  caregiving history or animal welfare.

17       (4) Providing courts with limited discretion to

18  consider such factors promotes consistency, clarity, and

19  fairness in judicial decision-making.

20       (5) The purpose of this Act is to provide courts with

21  guidance when resolving possession disputes involving

22  companion animals while preserving existing property law

23  principles.
    HB4540 Enrolled        -2-    LRB104 17489 JRC 30915 b

1   Section 10. The Code of Civil Procedure is amended by

2 changing Section 19-101 and by adding Sections 19-106.5 and

3 19-130 as follows:

4   (735 ILCS 5/19-101) (from Ch. 110, par. 19-101)

5   Sec. 19-101. When brought.

6   (a) Whenever any goods or chattels have been wrongfully

7 distrained, or otherwise wrongfully taken or are wrongfully

8 detained, an action of replevin may be brought for the

9 recovery of such goods or chattels, by the owner or person

10 entitled to their possession.

11  (b) When the property at issue is a companion animal,

12 "companion animal" means an animal that is commonly considered

13 to be, or is considered by the owner to be, a pet. "Companion

14 animal" includes, but is not limited to, canines, felines, and

15 equines.

16  (c) "Parties" in an action in replevin concerning

17 companion animals includes domestic partners, former partners,

18 cohabitants, fiances, or roommates if shared responsibility

19 for the care of the companion animal can be demonstrated.

20 (Source: P.A. 82-280.)

21  (735 ILCS 5/19-106.5 new)

22  Sec. 19-106.5. Temporary possession. When a companion

23 animal is the subject of an action of replevin, at the
    HB4540 Enrolled          -3-     LRB104 17489 JRC 30915 b

1 initiation and pendency of a dispute, a court, exercising
2 discretion set forth in Section 19-130, may issue temporary
3 possession or caregiving orders, including limited visitation,
4 if necessary to reduce stress or disruption to the companion
5 animal. Section 19-106 applies in matters concerning companion
6 animals if the court finds as a matter of record and supported
7 by evidence that summary seizure of the property is justified
8 by reason of necessity as set forth in paragraphs (1) through
9 (5) of Section 19-106.

10  (735 ILCS 5/19-130 new)

11  Sec. 19-130. Companion animals.

12  (a) Judicial determinations. In a possession dispute

13 involving a companion animal, a court may consider the

14 well-being of the companion animal regardless of the legal

15 status of the parties. In exercising discretion, the court may

16 evaluate relevant evidence, including, but not limited to, the

17 following:

18  (1) History of daily caregiving responsibilities.

19  (2) Feeding, grooming, veterinary, and training

20  involvement.

21  (3) Financial contributions related to the animal's

22  care.

23  (4) Emotional bonds between the animal and each party.

24  (5) Stability and continuity of the animal's living

25  environment.
    HB4540 Enrolled              -4-  LRB104 17489 JRC 30915 b

1   (6) Safety considerations and past conduct affecting

2   the animal.

3   (7) Credible witness testimony.

4   (8) Age and physical or behavioral vulnerability of

5   the animal.

6   (9) Continuity of routine and care.

7   (10) Ownership documentation, but this may not be

8   determinative on its own.

9   (11) For companion animals 10 years of age or older,

10  courts may give additional consideration to factors,

11  including continuity of environment, emotional stability,

12  stress minimization, and maintenance of established

13  routines.

14  (b) Mediation. A court may, if appropriate, order

15 mediation between the parties to resolve issues related to

16 companion animal possession.
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