Full Text of HB0083 98th General Assembly
HB0083ham003 98TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 4/1/2013
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| 1 | | AMENDMENT TO HOUSE BILL 83
| 2 | | AMENDMENT NO. ______. Amend House Bill 83, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Humane Care for Animals Act is amended by | 6 | | changing Section 3 as follows:
| 7 | | (510 ILCS 70/3) (from Ch. 8, par. 703)
| 8 | | Sec. 3. Owner's duties. | 9 | | (a) Each owner shall provide for each of his or her | 10 | | animals , at all times :
| 11 | | (1) a (a) sufficient quantity of good quality, | 12 | | wholesome food and water;
| 13 | | (2) (b) adequate shelter and protection from the | 14 | | weather;
| 15 | | (3) (c) veterinary care when needed to prevent | 16 | | suffering; and
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| 1 | | (4) (d) humane care and treatment.
| 2 | | (b) To lawfully tether an unattended dog outdoors in excess | 3 | | of 30 minutes, the person in possession or control of the dog | 4 | | must ensure that the dog: | 5 | | (1) does not suffer from a condition that is known, or | 6 | | reasonably should have been known based on regular visits | 7 | | to a veterinary professional, by the person in possession | 8 | | or control of the dog, to be exacerbated by tethering; | 9 | | (2) is tethered in a manner that will prevent it from | 10 | | becoming entangled with other tethered dogs; | 11 | | (3) is not tethered with a lead that (i) exceeds | 12 | | one-eighth of the dog's body weight or (ii) is a tow chain | 13 | | or a log chain; | 14 | | (4) is tethered with a lead that measures, when rounded | 15 | | to the nearest whole foot, at least 10 feet in length; | 16 | | (5) is tethered with a properly fitting harness or | 17 | | collar excluding, but not limited to, a lead, pinch, prong, | 18 | | or choke-type collar; and | 19 | | (6) is not tethered in a manner that will allow it to | 20 | | reach within the property of another person, a public | 21 | | walkway, or a road. | 22 | | (c) Subsection (b) of this Section shall not be construed | 23 | | to prohibit: | 24 | | (1) a person from walking a dog with a hand-held leash; | 25 | | (2) conduct that is directly related to the cultivating | 26 | | of agricultural products, including shepherding or herding |
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| 1 | | cattle or livestock, if the restraint is reasonably | 2 | | necessary for the safety of the dog; or | 3 | | (3) the tethering of a dog while at an organized and | 4 | | lawful animal function, such as hunting, obedience | 5 | | training, performance and conformance events, or law | 6 | | enforcement training, or while in the pursuit of working or | 7 | | competing in those endeavors. | 8 | | (d) A person convicted of violating subsection (a) of this | 9 | | Section is guilty of a Class B
misdemeanor. A second or | 10 | | subsequent violation of subsection (a) of this Section is a | 11 | | Class 4 felony with every
day that a violation continues | 12 | | constituting a separate offense. In addition to
any other | 13 | | penalty provided by law, upon conviction for violating | 14 | | subsection (a) of this Section,
the court may order the | 15 | | convicted person to undergo a psychological or
psychiatric | 16 | | evaluation and to undergo any treatment at the convicted | 17 | | person's
expense that the court determines to be appropriate | 18 | | after due consideration of
the evaluation. If the convicted | 19 | | person is a juvenile or a companion animal
hoarder, the court | 20 | | must order the convicted person to undergo a psychological
or | 21 | | psychiatric evaluation and to undergo treatment that the court | 22 | | determines to
be appropriate after due consideration of the | 23 | | evaluation.
| 24 | | (e) A person convicted of violating subsection (b) of this | 25 | | Section is guilty of a Class B misdemeanor. | 26 | | (f) As used in this Section, "tether" means to restrain by |
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| 1 | | tying to an object or structure, including, without limitation, | 2 | | a house, tree, fence, post, garage, shed, or clothes line at a | 3 | | person's residence or business, by any means, including, | 4 | | without limitation, a chain, rope, cord, leash, or running | 5 | | line. | 6 | | (Source: P.A. 92-650, eff. 7-11-02.)".
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