State's Attorney Berlin Initiatives Protecting Seniors and Animals Signed into Law by Governor
TWO INITIATIVES PROPOSED IN BERLIN’S OFFICE’S 2026 LEGISLATIVE PACKAGE HAVE BEEN SIGNED INTO LAW. ONE OF THE NEW LAWS STRENGTHENS LAW ENFORCEMENT’S ABILITY TO PROSECUTE THOSE CHARGED WITH ANIMAL CRUELTY WHILE THE OTHER ENHANCES PROTECTIONS FOR THE ELDERLY OR PERSONS WITH A DISABILITY AND CHANGES THE DEFINITION OF “CAREGIVER.”
SPRINGFIELD - DuPage County State’s Attorney Robert Berlin and Representative Marti Deuter announced today that two initiatives proposed in Berlin’s office’s 2026 legislative package have been signed into law. One of the new laws strengthens law enforcement’s ability to prosecute those charged with animal cruelty while the other enhances protections for the elderly or persons with a disability and changes the definition of “caregiver”. The initiatives, now known as Public Act 104-0644 (amended the Humane Care for Animal Act) and Public Act 104-0671 (amended part of the Criminal Code of 2012) both passed the General Assembly in May 2026 and were signed into law by Governor Pritzker. Both laws go into effect on January 1, 2027.
Public Act 104-0644, sponsored by Representative Marti Deuter and co-sponsored by Representatives Barbara Hernandez and Matt Hanson in the House of Representatives and sponsored by Senator Michael Halpin and co-sponsored by Senators Patrick Joyce, Lakesia Collins and Cristina Castro in the Senate, amends the Humane Care for Animals Act to allow a State’s Attorney thirty days, previously fourteen days, after a seizure of a companion animal to file a petition for forfeiture prior to trial, asking for permanent forfeiture of the animals seized. Moreover, it provides that the hearing on the permanent forfeiture of the companion animals seized shall be conducted within fourteen days after the filing of the petition, or as soon thereafter as practicable, but not more than forty-five days after the filing of the petition. These changes help ensure that animals can be protected while criminal cases proceed through the judicial system. The bill also refines procedures governing the forfeiture process to provide greater clarity and consistency.
In furthering the Office’s commitment to protecting the health and well-being of the elderly and persons with a disability, Public Act 104-0671, sponsored by Representative Marti Deuter and co-sponsored by Representatives Janet Yang Rohr, Nicolle Grasse and Dan Ugaste in the House of Representatives and sponsored by Senator Suzy Glowiak Hilton and co-sponsors Senators Jason Plummer, Sally Turner, Robert Martwick, Mary Edly-Allen and Mattie Hunter in the Senate, amends the Statute to include that a caregiver commits criminal abuse or neglect of an elderly person or person with a disability when he or she knowingly performs acts that create the substantial likelihood that the person’s life will be endangered, health will be injured or pre-existing physical or mental condition will deteriorate. Additionally, the Act provides that the caregiver also commits criminal abuse or neglect of an elderly person or person with a disability when he or she fails to perform acts that he or she knows, or reasonably should know, are necessary to maintain or preserve the life or health of the person and failing to do so creates a substantial likelihood that the person’s life will be endangered, health will be injured or pre-existing physical or mental condition will deteriorate. The Act also defines “caregiver” as a person who would have reason to believe, as a result of the actions, statements, or behavior of the elderly person or person with a disability, that he or she is being relied upon for providing primary and substantial assistance for physical care. Additionally, the Act defines “caregiver” as a person who has voluntarily assumed the responsibility for the care of an elderly person or person with a disability by knowingly providing ongoing primary and substantial assistance for the care of an elderly person or person with a disability if the person's conduct would lead a reasonable person to believe that failure to provide such care would adversely affect the physical health of the elderly person or person with a disability.
“These new laws send a crystal-clear message that protecting our most vulnerable is the responsibility of each and every one of us,” Berlin said. “Our seniors and persons with a disability have the right to live a dignified, secure life, free from the worry of abuse or exploitation just as our companion animals deserve protection from those who would do them harm. I am very pleased that with support from the General Assembly and Governor Pritzker’s signature, we are now able to provide more support and protection to society’s most vulnerable.”
“When families entrust caregivers to look after their loved ones, they expect that they will operate with compassion and with their full attention,” Deuter said. “When that trust is broken, families deserve a means to achieve accountability, and this legislation will help our state’s attorneys provide that. Our pets also deserve to be safe and protected. This updated legislation will maintain animal welfare without burdening animal shelters and animal control.”
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