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Bill > HB4540


IL HB4540

IL HB4540
POSSESSION DISPUTES-PETS


summary

Introduced
01/22/2026
In Committee
05/06/2026
Crossed Over
04/14/2026
Passed
07/24/2026
Dead
Signed/Enacted/Adopted
07/24/2026

Introduced Session

104th General Assembly

Bill Summary

Provides that the Act may be referred to as the Companion Animal Custody Equity Act. Amends the Replevin Article of the Code of Civil Procedure. Makes "companion animals" subject to the Replevin Article. Defines a "companion animal" to mean an animal that is commonly considered to be, or is considered by the owner to be, a pet. Provides that "companion animal" includes, but is not limited to, canines, felines, and equines. Provides that if a companion animal is the subject of an action of replevin, at the initiation and pendency of a dispute, a court, exercising discretion set forth in the new provisions, may issue temporary possession or caregiving orders, including limited visitation, if necessary to reduce stress or disruption to the companion animal. References current replevin law regarding exceptions to the requirement of notice. Provides criteria for judicial determinations in a possession dispute involving a companion animal.

AI Summary

This bill, known as the Companion Animal Custody Equity Act, amends existing law to allow courts to consider the well-being of "companion animals" in possession disputes, which are defined as animals commonly considered pets, including dogs, cats, and horses. Previously, such considerations were primarily limited to divorce proceedings, leaving unmarried parties without clear guidance. Under this new law, when a pet is involved in a legal dispute over its possession, a court can issue temporary orders for possession or care, and even allow limited visitation, if it's deemed necessary to reduce stress on the animal. The bill also outlines specific criteria for judges to consider when making final decisions about pet custody, such as the history of caregiving responsibilities, financial contributions, emotional bonds, and the animal's living environment and routine, emphasizing that ownership documents alone are not decisive. Additionally, courts may order mediation to help parties resolve these disputes outside of a full trial.

Committee Categories

Justice

Sponsors (9)

Last Action

Public Act . . . . . . . . . 104-0613 (on 07/24/2026)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure
  • ‐ Family Issues

bill text


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