Public Act 098-0101
 
HB0083 EnrolledLRB098 02895 MLW 32906 b


  
    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; 
        (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. 92-650, eff. 7-11-02.)