Full Text of HB4380 100th General Assembly
HB4380ham001 100TH GENERAL ASSEMBLY | Rep. Allen Skillicorn Filed: 4/4/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4380
| 2 | | AMENDMENT NO. ______. Amend House Bill 4380 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Humane Care for Animals Act is amended by | 5 | | changing Sections 3 and 3.01 as follows:
| 6 | | (510 ILCS 70/3) (from Ch. 8, par. 703)
| 7 | | Sec. 3. Owner's duties. | 8 | | (a) Each owner shall provide for each of his or her | 9 | | animals:
| 10 | | (1) a sufficient quantity of good quality, wholesome | 11 | | food and water;
| 12 | | (2) adequate shelter and protection from the weather | 13 | | allowing the animal to maintain safe body temperature ;
| 14 | | (3) veterinary care when needed to prevent suffering; | 15 | | and
| 16 | | (4) humane care and treatment.
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| 1 | | (b) To lawfully tether a dog outdoors, an owner must ensure | 2 | | that the dog: | 3 | | (1) does not suffer from a condition that is known, by | 4 | | that person, to be exacerbated by tethering; | 5 | | (2) is tethered in a manner that will prevent it from | 6 | | becoming entangled with other tethered dogs; | 7 | | (3) is not tethered with a lead that (i) exceeds | 8 | | one-eighth of the dog's body weight or (ii) is a tow chain | 9 | | or a log chain; | 10 | | (4) is tethered with a lead that measures, when rounded | 11 | | to the nearest whole foot, at least 10 feet in length; | 12 | | (5) is tethered with a properly fitting harness or | 13 | | collar other than the lead or a pinch, prong, or choke-type | 14 | | collar; and | 15 | | (6) is not tethered in a manner that will allow it to | 16 | | reach within the property of another person, a public | 17 | | walkway, or a road. | 18 | | (c) Subsection (b) of this Section shall not be construed | 19 | | to prohibit: | 20 | | (1) a person from walking a dog with a hand-held leash; | 21 | | (2) conduct that is directly related to the cultivating | 22 | | of agricultural products, including shepherding or herding | 23 | | cattle or livestock, if the restraint is reasonably | 24 | | necessary for the safety of the dog; | 25 | | (3) the tethering of a dog while at an organized and | 26 | | lawful animal function, such as hunting, obedience |
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| 1 | | training, performance and conformance events, or law | 2 | | enforcement training, or while in the pursuit of working or | 3 | | competing in those endeavors; or | 4 | | (4) a dog restrained in compliance with the | 5 | | requirements of
a camping or recreational area as defined | 6 | | by a federal, State, or
local authority or jurisdiction. | 7 | | (d) A person convicted of violating subsection (a) of this | 8 | | Section is guilty of a Class B
misdemeanor. A second or | 9 | | subsequent violation of subsection (a) of this Section is a | 10 | | Class 4 felony with every
day that a violation continues | 11 | | constituting a separate offense. In addition to
any other | 12 | | penalty provided by law, upon conviction for violating | 13 | | subsection (a) of this Section,
the court may order the | 14 | | convicted person to undergo a psychological or
psychiatric | 15 | | evaluation and to undergo any treatment at the convicted | 16 | | person's
expense that the court determines to be appropriate | 17 | | after due consideration of
the evaluation. If the convicted | 18 | | person is a juvenile or a companion animal
hoarder, the court | 19 | | must order the convicted person to undergo a psychological
or | 20 | | psychiatric evaluation and to undergo treatment that the court | 21 | | determines to
be appropriate after due consideration of the | 22 | | evaluation.
| 23 | | (e) A person convicted of violating subsection (b) of this | 24 | | Section is guilty of a Class B misdemeanor. | 25 | | (f) As used in this Section, "tether" means to restrain by | 26 | | tying to an object or structure, including, without limitation, |
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| 1 | | a house, tree, fence, post, garage, shed, or clothes line at a | 2 | | person's residence or business, by any means, including, | 3 | | without limitation, a chain, rope, cord, leash, or running | 4 | | line. | 5 | | (Source: P.A. 98-101, eff. 1-1-14.)
| 6 | | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
| 7 | | Sec. 3.01. Cruel treatment. | 8 | | (a) No person or owner may beat, cruelly treat,
torment, | 9 | | starve, overwork or otherwise abuse any animal.
| 10 | | (b) No owner may abandon any animal where it may become a | 11 | | public charge or
may suffer injury, hunger or exposure.
| 12 | | (c) No owner of a dog or cat that is a companion animal may | 13 | | expose the dog or cat in a manner that , on belief of a | 14 | | reasonable person authorized to enforce this Act, including law | 15 | | enforcement, places the dog or cat in a life-threatening | 16 | | situation for a prolonged period of time in extreme heat or | 17 | | cold conditions that may : | 18 | | (1) result results in injury to or death of the animal; | 19 | | or | 20 | | (2) result results in hypothermia, hyperthermia, | 21 | | frostbite, or similar condition as diagnosed by a doctor of | 22 | | veterinary medicine. | 23 | | (c-5) Nothing in this Section shall prohibit an animal from | 24 | | being impounded in an emergency situation under subsection (b) | 25 | | of Section 12 of this Act. |
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| 1 | | (d) A person convicted of violating this Section is guilty | 2 | | of a Class A
misdemeanor. A second or subsequent conviction for | 3 | | a violation of this Section
is a Class 4 felony. In addition to | 4 | | any other penalty provided by law, a person who is convicted of | 5 | | violating subsection (a) upon a companion animal in the | 6 | | presence of a child, as defined in Section 12-0.1 of the | 7 | | Criminal Code of 2012, shall be subject to a fine of $250 and | 8 | | ordered to perform community service for not less than 100 | 9 | | hours. In addition to any other penalty provided by law, upon
| 10 | | conviction for violating this Section, the court may order the | 11 | | convicted person
to undergo a psychological or psychiatric | 12 | | evaluation and to undergo any
treatment at the convicted | 13 | | person's expense that the court determines to be
appropriate | 14 | | after due consideration of the evidence. If the convicted | 15 | | person
is a juvenile or a companion animal hoarder, the court | 16 | | must order the convicted
person to undergo a psychological or | 17 | | psychiatric evaluation and to undergo
treatment that the court | 18 | | determines to be appropriate after due consideration
of the | 19 | | evaluation.
| 20 | | (Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642, | 21 | | eff. 7-28-16; 99-782, eff. 8-12-16.)".
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