HB4033 97TH GENERAL ASSEMBLY

LRB097 16039 CEL 61192 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4033

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

510 ILCS 70/3

from Ch. 8, par. 703

Amends the Humane Care for Animals Act. Provides that certain requirements must be met in order for an owner to lawfully tether a dog outdoors. Creates certain exemptions from that requirement. Provides penalties for violations. Defines "tether".

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Humane Care for Animals Act is amended by changing Section 3 as follows:

(510 ILCS 70/3) (from Ch. 8, par. 703)

Sec. 3. Owner's duties.

(a) Each owner shall provide for each of his or her animals:

(1) a (a) sufficient quantity of good quality, wholesome food and water;

(2) (b) adequate shelter and protection from the weather;

(3) (c) veterinary care when needed to prevent suffering; and

(4) (d) humane care and treatment.

(b) To lawfully tether a dog outdoors, an owner must ensure that the dog:

(1) does not suffer from a condition that is known, by that person, to be exacerbated by tethering;

(2) is tethered in a manner that will prevent it from becoming entangled with other tethered dogs;

(3) is not tethered with a lead that (i) exceeds one-eighth of the dog's body weight or (ii) is a tow chain or a log chain, either of which is any chain that is more than one-fourth of an inch in width;

(4) is tethered with a lead that measures, when rounded to the nearest whole foot, at least 10 feet in length;

(5) is tethered with a properly fitting harness or collar other than the lead or a pinch, prong, or choke-type collar;

(6) is not tethered in a manner that will allow it to reach within the property of another person, a public walkway, or a road; and

(7) when tethered between 10 p.m. and 6 a.m., is tethered for no more than 15 minutes or has access to adequate shelter and protection from the weather as required under subsection (a) of this Section.

(c) Subsection (b) of this Section shall not be construed to prohibit:

(1) a person from walking a dog with a hand-held leash;

(2) conduct that is directly related to the cultivating of agricultural products, including shepherding or herding cattle or livestock, if the restraint is reasonably necessary for the safety of the dog; or

(3) the tethering of a dog while at an organized and lawful animal function, such as hunting, obedience training, performance and conformance events, or law enforcement training, or while in the pursuit of working or competing in those endeavors.

(d) A person convicted of violating subsection (a) of this Section is guilty of a Class B misdemeanor. A second or subsequent violation of subsection (a) of this Section is a Class 4 felony with every day that a violation continues constituting a separate offense. In addition to any other penalty provided by law, upon conviction for violating subsection (a) of this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

(e) A person convicted of violating subsection (b) of this Section is guilty of a Class B misdemeanor.

(f) As used in this Section, "tether" means to restrain by tying to an object or structure, including, without limitation, a house, tree, fence, post, garage, shed, or clothes line at a person's residence or business, by any means, including, without limitation, a chain, rope, cord, leash, or running line.

(Source: P.A. 92-650, eff. 7-11-02.)