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HB 3222

To require doctors that grant medical cannabis cards have a physical location withing the state of WV

2025 Regular Session Introduced by Jeff Eldridge and 4 co-sponsors

HB 3222 amends the Humane Care for Animals Act to extend pretrial animal-forfeiture petitions from 14 to 30 days after seizure, affecting owners, shelters, and courts.

To House Judiciary
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Bill Summary · HB 3222

Summary — HB 3222 (2025)

Relating to academic assessments administered to students by school districts — actually amends the Humane Care for Animals Act (510 ILCS 70/3.04)

Note: Although the bill caption references academic assessments, the text of HB 3222 amends the Humane Care for Animals Act (Sec. 3.04).

Main purpose

Modify procedures and timing for seizure and pretrial forfeiture of companion animals when an owner is arrested for animal-related offenses, and clarify custody/impoundment authorities and notice requirements.

Key provisions / changes

  • Authorizes a law enforcement officer who arrests a person for specified animal-related violations (listed in the Act and certain Criminal Code sections) to lawfully take possession of some or all companion animals in the arrestee’s possession.
  • Requires the arresting officer to file an affidavit and deliver an inventory to the court describing the animals, condition, time/place of seizure, and ownership/claimant information.
  • Animals taken must be placed in custody of an animal control agency or animal shelter. If no agency/shelter can house animals or removal is medically/safety-wise infeasible, the animals may be impounded on-site by court order (if the charged person owns the property). Shelter/law enforcement personnel are permitted site access to provide care and treatment.
  • Extends the time the State’s Attorney may file a “petition for forfeiture prior to trial” from 14 days to 30 days after seizure.
    • The petition is filed in the court with criminal jurisdiction, with copies served to the impounding agency, owner, and anyone claiming an interest.
    • For a pretrial forfeiture, the prosecution bears the burden to prove by a preponderance of the evidence that the defendant committed the alleged violations.
  • Retains existing provisions: written notice to owner of removal and remedies; court powers on forfeiture upon conviction or supervision; courts may bar convicted persons (and certain household members) from future animal ownership; contempt/criminal penalties for violating court orders; disposition options (adoption or humane euthanasia) for forfeited animals.

Who is affected

  • Companion animal owners charged with enumerated offenses
  • Law enforcement officers executing arrests and seizures
  • State’s Attorneys/prosecutors (additional time to pursue pretrial forfeiture)
  • Animal control agencies and shelters (custody, capacity, care costs)
  • Courts adjudicating criminal charges and pretrial forfeiture petitions
  • Persons claiming ownership or interest in seized animals

Procedural/timeline notes & status

  • Statutory citation amended: 510 ILCS 70/3.04.
  • Key procedural change: State’s Attorney filing window increased from 14 to 30 days post-seizure.
  • Legislative history highlights:
    • Introduced (first reading) Feb 18, 2025; filed Feb 24, 2025
    • Referred to various committees (Rules; Judiciary — Criminal; Public Education)
    • As of 2025-06-28: In committee upon adjournment

Potential impacts

  • Gives prosecutors more time to decide and prepare pretrial forfeiture petitions, possibly increasing pretrial forfeitures.
  • May increase operational and financial burdens on shelters/animal control due to longer holding periods and potential on-site impoundments.
  • Preserves owner notice and due process safeguards (court filing, service, preponderance standard) but shifts timing in favor of prosecution.

If you want, I can produce a one-page explainer highlighting differences between current law and the bill (side-by-side), or draft suggested amendments to address shelter capacity/costs or additional procedural safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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