Illinois General Assembly - Full Text of HB4380
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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
3everything after the enacting clause with the following:
 
4    "Section 5. The Humane Care for Animals Act is amended by
5changing 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
9animals:
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
2that 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
19to 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
8Section is guilty of a Class B misdemeanor. A second or
9subsequent violation of subsection (a) of this Section is a
10Class 4 felony with every day that a violation continues
11constituting a separate offense. In addition to any other
12penalty provided by law, upon conviction for violating
13subsection (a) of this Section, the court may order the
14convicted person to undergo a psychological or psychiatric
15evaluation and to undergo any treatment at the convicted
16person's expense that the court determines to be appropriate
17after due consideration of the evaluation. If the convicted
18person is a juvenile or a companion animal hoarder, the court
19must order the convicted person to undergo a psychological or
20psychiatric evaluation and to undergo treatment that the court
21determines to be appropriate after due consideration of the
22evaluation.
23    (e) A person convicted of violating subsection (b) of this
24Section is guilty of a Class B misdemeanor.
25    (f) As used in this Section, "tether" means to restrain by
26tying to an object or structure, including, without limitation,

 

 

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1a house, tree, fence, post, garage, shed, or clothes line at a
2person's residence or business, by any means, including,
3without limitation, a chain, rope, cord, leash, or running
4line.
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,
9starve, overwork or otherwise abuse any animal.
10    (b) No owner may abandon any animal where it may become a
11public charge or may suffer injury, hunger or exposure.
12    (c) No owner of a dog or cat that is a companion animal may
13expose the dog or cat in a manner that, on belief of a
14reasonable person authorized to enforce this Act, including law
15enforcement, places the dog or cat in a life-threatening
16situation for a prolonged period of time in extreme heat or
17cold 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
24being impounded in an emergency situation under subsection (b)
25of Section 12 of this Act.

 

 

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1    (d) A person convicted of violating this Section is guilty
2of a Class A misdemeanor. A second or subsequent conviction for
3a violation of this Section is a Class 4 felony. In addition to
4any other penalty provided by law, a person who is convicted of
5violating subsection (a) upon a companion animal in the
6presence of a child, as defined in Section 12-0.1 of the
7Criminal Code of 2012, shall be subject to a fine of $250 and
8ordered to perform community service for not less than 100
9hours. In addition to any other penalty provided by law, upon
10conviction for violating this Section, the court may order the
11convicted person to undergo a psychological or psychiatric
12evaluation and to undergo any treatment at the convicted
13person's expense that the court determines to be appropriate
14after due consideration of the evidence. If the convicted
15person is a juvenile or a companion animal hoarder, the court
16must order the convicted person to undergo a psychological or
17psychiatric evaluation and to undergo treatment that the court
18determines to be appropriate after due consideration of the
19evaluation.
20(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642,
21eff. 7-28-16; 99-782, eff. 8-12-16.)".