DuPage County State’s Attorney Robert Berlin got some welcome news recently. Three initiatives proposed in his office’s 2023 legislative package have now been signed into law by Governor JB Pritzker.
The initiatives, which were passed by the legislature in May, involve animal welfare and enhanced protection for personnel and residents at long-term health facilities. All three were signed by Pritzker in early August.
The animal welfare initiative, now know as Public Act 103-0490, amends the Humane Care for Animals Act by mandating that upon a violation of certain sections of the Act, rather than a conviction, the court may order the person in violation to forfeit the companion animal. The bill also allows a court to prohibit the person or persons in the offender’s household from owning, possessing, harboring or taking custody or control of any other animals for a specified period of time up to permanent relinquishment (lifetime ban). If an individual is found to have violated these conditions, they will be subject to immediate forfeiture of any animal and imprisonment for not more than ninety days, a fine of not more than $2,500 or both. Additionally, the amendment added offenses under which law enforcement may take possession of a companion animal as well as adds offenses under which a court may order the forfeiture of an animal.
“Recent cases of animal cruelty in DuPage County did not go far enough to protect the animals during the pendency of the case,” Berlin said. “I am very pleased that with support from the General Assembly and Governor Pritzker’s signature, we are now able to remove these defenseless animals from their alleged abusers and provide them food, water, medical attention as needed and ultimately find them caring, loving homes.”
An initiative relating to seniors and those in long-term care facilities, Public Act 103-0428, provides that prior to employment, a health care employer or long-term care facility will now be provided with not only a potential employee’s Illinois criminal history, but also an applicant’s Federal criminal history as well as their criminal history in other jurisdictions nationwide. A related Act, Public Act 103-0293, expands the definition of those protected by law to include all residents of long-term care facilities without regard to the resident’s age or physical or mental condition. It further provides that anyone who violates the financial exploitation of an elderly person or a person with a disability statute is guilty of a Class 1 felony if the victim is 70 years of age or older instead of the previous language of “over 70 years of age”, and the value of the property is $15,000 or more.
“Seniors and residents of long-term care facilities are among our most vulnerable,” Berlin continued. “They rely on others for their personal safety and day-to-day needs and my office is one hundred percent committed to safeguarding their well-being. This new legislation provides an extra layer of security for our seniors and for their families as well. I thank the members of the Illinois General Assembly for their support of this legislation as well as Governor Pritzker for his support of these important initiatives.”
The animal welfare law went into effect immediately upon the Governor’s signature, while both laws pertaining to seniors and long-term care facilities will go into effect on January 1, 2024.
