SB3337 98TH GENERAL ASSEMBLY

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98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3337

Introduced 2/14/2014, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

510 ILCS 70/2.01i new
510 ILCS 70/2.01j new
510 ILCS 70/3	from Ch. 8, par. 703

Amends the Humane Care for Animals Act. Provides that each owner shall provide for each of his or her animals adequate shelter and adequate space. Defines "adequate shelter" and "adequate space".

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 adding Sections 2.01i and 2.01j and changing Section 3 and as follows:

(510 ILCS 70/2.01i new)

Sec. 2.01i. Adequate shelter. "Adequate shelter" means a shelter that (1) is suitable for the species, age, condition, size, and type of each animal, (2) provides adequate space for each animal, (3) is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health, (4) is properly lighted, (5) is properly cleaned, (6) enables each animal to be clean and dry, except when detrimental to the species, and (7) for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. "Adequate shelter" does not include a shelter whose wire, grid, or slat floors (1) allow an animal's feet to pass through the openings, (2) sag under an animal's weight, or (3) otherwise do not protect an animal's feet or toes from injury.

(510 ILCS 70/2.01j new)

Sec. 2.01j. Adequate space. "Adequate space" means sufficient space to allow each animal to (1) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable and normal position for the animal and (2) interact safely with other animals in the enclosure.

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

(2) adequate shelter, adequate space, and protection from the weather;

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

(4) 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;

(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; and

(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.

(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;

(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; or

(4) a dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, State, or local authority or jurisdiction.

(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. 98-101, eff. 1-1-14.)