Elmhurst Independent: State’s Attorney Berlin’s Initiatives Protecting Seniors and Animals Signed Into Law

ONE OF THE NEW LAW’S STRENGTHS LAW ENFORCEMENT’S ABILITY TO REMOVE COMPANION ANIMALS FROM THOSE CHARGED WITH ANIMAL CRUELTY WHILE THE OTHER TWO PROTECT PERSONNEL AND RESIDENTS AT LONG-TERM HEALTH CARE FACILITIES.  

WHEATON - As reported in the Elmhurst Independent on September 28, 2023:

DuPage County State’s Attorney Bob Berlin has announced that three initiatives proposed in his office’s 2023 legislative package have been signed into law.

One of the new laws strengthens law enforcement’s ability to remove companion animals from those charged with animal cruelty while the other two protect personnel and residents at long-term health care facilities.  

The initiatives now known as Public Act 103-0490 (amended the Humane Care for Animal Act), Public Act 103-0428 (amended the Health Care Worker Background Check Act) and Public Act 103-0293 (amended the part of the Criminal Code of 2012 providing further protection for seniors and long-term care facility residents) passed the General Assembly in May and were signed into law by Gov. JB Pritzker.

Public Act 103-0490 went into effect immediately upon the governor’s signature (Aug. 4) while Public Acts 103-0428 and 103-0293 will go into effect on Jan. 1, 2023.

Public Act 103-0490, sponsored in the Senate by Sen. Karina Villa and in the state House of Representatives by Reps. Maura Hirschauer, Anna Stava-Murray and Terra Costa Howard, amends the Humane Care of 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 90 days, a fine of not more than $2,500.00 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 animals during the pendency of the case,” Berlin said.

“I am very pleased that with support form the General Assembly and Governor Priztker’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.”

In furthering the office’s commitment to protecting the health and well-being of seniors and those in long-term care facilities, Public Act 103-0428, sponsored in the House by Terra Costa Howard, Tom Weber and Camille Lilly and in the Senate by Sens. Suzy Glowiak-Hilton, Julie Morrison and John Curran, provides that prior to employment, a health care-employer or long-term care facility will now be provided with not only a possible employee’s Illinois criminal history, but also an applicant’s federal criminal history as well as their criminal history in other jurisdictions nationwide.

Public Act 103-0293, sponsored in the state House by Representatives Costa Howard, Jenn Ladisch Douglass, Sue Scherer, Michelle Mossman, Lawrence “Larry” Walsh, Jr., Lance Yednock, Gregg Johnson, Nabeela Syed, Laura Faver Dias, Kevin John Olickal, Harry Benton, Theresa Mah, Joyce Mason, Stephanie Kifowit, Hoan Huynh, Michel Kelly, Kevin Schmidt, Fred Crespo, Kelly Burke, and Barbara Hernandez and in the Senate by Senators Meg Loughran Cappel, Jason Plummer, Sally Turner, and Laura Murphy expands the definition of those protected under the act to include all residents of long-term care facilities without regard to the resident’s age or physical or mental condition.

The amendment further provides that anyone who violates the financial exploitation of an elderly person or 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 $15,000.00 or more.

“Seniors and residents of long-term care facilities are among our most vulnerable,” Berlin continued. “They rely on others for the 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 Priztker for his support of these important initiatives.”

Click here to read more from the Elmhurst Independent.

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