Illinois General Assembly - Full Text of HB0083
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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
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Humane Care for Animals Act is amended by
6changing 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
10animals, 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
3of 30 minutes, the person in possession or control of the dog
4must 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
23to 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
9Section is guilty of a Class B misdemeanor. A second or
10subsequent violation of subsection (a) of this Section is a
11Class 4 felony with every day that a violation continues
12constituting a separate offense. In addition to any other
13penalty provided by law, upon conviction for violating
14subsection (a) of this Section, the court may order the
15convicted person to undergo a psychological or psychiatric
16evaluation and to undergo any treatment at the convicted
17person's expense that the court determines to be appropriate
18after due consideration of the evaluation. If the convicted
19person is a juvenile or a companion animal hoarder, the court
20must order the convicted person to undergo a psychological or
21psychiatric evaluation and to undergo treatment that the court
22determines to be appropriate after due consideration of the
23evaluation.
24    (e) A person convicted of violating subsection (b) of this
25Section is guilty of a Class B misdemeanor.
26    (f) As used in this Section, "tether" means to restrain by

 

 

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1tying to an object or structure, including, without limitation,
2a house, tree, fence, post, garage, shed, or clothes line at a
3person's residence or business, by any means, including,
4without limitation, a chain, rope, cord, leash, or running
5line.
6(Source: P.A. 92-650, eff. 7-11-02.)".