96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1835


 
Introduced 2/20/2009, by Sen. Gary G. Dahl
 
SYNOPSIS AS INTRODUCED:
 		















510 ILCS 70/2.11 new






510 ILCS 70/2.12 new





510 ILCS 70/3
  from Ch. 8, par. 703







    Amends the Humane Care for Animals Act. Specifies the types of shelter that must be available to dogs and equines. Sets forth requirements that must be complied with if a dog is to be tethered.
















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A BILL FOR









 











SB1835

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    AN ACT concerning animals.

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


 
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    Section 5. The Humane Care for Animals Act is amended  by 
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changing Section 3 and  by adding Sections 2.11 and 2.12 as 
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follows:
 
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    (510 ILCS 70/2.11  new)
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    Sec. 2.11. Equine. "Equine" means a member of the family 
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Equidae.
 
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    (510 ILCS 70/2.12  new)
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    Sec. 2.12. Tethering. "Tethering" means the securing of an 
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animal to an anchor point with a restraint in order to confine 
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the animal to a desired area.
 



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



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    Sec. 3. Owner's duties.  
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    (a) Each owner shall provide proper attention to and care 
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for each of his animals, including, but not limited to, 
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providing the following:


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        (1) (a) A sufficient daily quantity of good quality, 
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    wholesome food and water provided in an appropriate 
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    container, such as a food bowl or dish. During extreme 
 


 






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    weather conditions, each owner must take adequate and, if 
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    necessary, additional care to ensure that each of his 
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    animals has full access to good quality, wholesome food and 
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    to water that is plentiful and not frozen. ;


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        (2) (b) Adequate adequate shelter and protection from 
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    the weather. For purposes of this subdivision (2): ;

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             (A) A dog's shelter is adequate if it is 
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        structurally sound, waterproof, windproof, and 
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        includes clean bedding and a floor raised off of the 
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        ground. A dog's shelter is not adequate if it has a 
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        dirt floor. 
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            (B) An equine's shelter is adequate if it (i) is 
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        structurally sound, (ii) has 3 sides and a waterproof 
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        roof sufficient to protect the animal from the weather, 
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        and (iii) provides, at a minimum, a sheltered area of 
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        at least 10 feet by 15 feet for each equine. 

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


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        (4) (d) Humane humane care and treatment.

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    (b) If a dog is tethered in any manner, the following 
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minimum care is required: 
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        (1) The restraint shall be a minimum of 15 feet in 
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    length and attached to an appropriately fitted collar or 
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    harness. 
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        (2) The dog shall not be tethered adjacent to a fence 
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    or any obstruction that places it in danger of injury or 
 


 






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    death. 
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        (3) If the dog is tethered more than 3 consecutive 
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    hours, its restraint must allow unrestricted access to 
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    adequate shelter and good quality, wholesome food and 
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    water. 
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        (4) If the dog is less than 4 months old, it shall not 
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    be tethered. 
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        (5) If a female dog is in season, she shall not be 
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    tethered in a manner that allows male dogs to have access 
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    to her. 
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        (6) If a female dog is pregnant and nearing the end of 
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    her gestational term, she shall not be tethered. 
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    (c) A person convicted of violating this Section is guilty 
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of a Class B
misdemeanor.  A second or subsequent violation is a 
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Class 4 felony with every
day that a violation continues 
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constituting a separate offense.  In addition to
any other 
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penalty provided by law, upon conviction for violating this 
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Section,
the court may order the convicted person to undergo a 
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psychological or
psychiatric evaluation and to undergo any 
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treatment at the convicted person's
expense that the court 
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determines to be appropriate after due consideration of
the 
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evaluation.  If the convicted person is a juvenile or a 
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companion animal
hoarder, the court must order the convicted 
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person to undergo a psychological
or psychiatric evaluation and 
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to undergo treatment that the court determines to
be 
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appropriate after due consideration of the evaluation.

 


 






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