§ 100-10 — Search and seizure

Illinois § 100-10

• Jurisdiction: Illinois
• Topic: AGRICULTURE AND CONSERVATION
• Ch. 510: ANIMALS
• Act 510 ILCS 68/: Herptiles-Herps Act
• Art.: Article 100 - Seizure and Forfeiture

Text

Whenever any authorized employee of the Department, sheriff, deputy sheriff, or other peace officer of the State has reason to believe that any person, owner, possessor, commercial institution, pet store, or reptile show vendor or attendee possesses any herptile or any part or parts of a herptile contrary to the provisions of this Act, including administrative rules, he or she may file, or cause to be filed, a sworn complaint to that effect before the circuit court and procure and execute a search warrant. Upon execution of the search warrant, the officer executing the search warrant shall make due return of the search warrant to the court issuing the search warrant, together with an inventory of all the herptiles or any part or parts of a herptile taken under the search warrant. The court shall then issue process against the party owning, controlling, or transporting the herptile or any part of a herptile seized, and upon its return shall proceed to determine whether or not the herptile or any part or parts of a herptile were held, possessed, or transported in violation of this Act, including administrative rules. In case of a finding that a herptile was illegally held, possessed, transported, or sold, a judgment shall be entered against the owner or party found in possession of the herptile or any part or parts of a herptile for the costs of the proceeding and providing for the disposition of the property seized, as provided for by this Act.

Legislative History

(Source: P.A. 102-315, eff. 1-1-22; 103-154, eff. 6-30-23.)