Full Text of HB4033 097th General Assembly
HB4033 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4033 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 510 ILCS 70/3 | from Ch. 8, par. 703 |
|
Amends the Humane Care for Animals Act. Provides that certain requirements must be met in order for an owner to lawfully tether a dog outdoors. Creates certain exemptions from that requirement. Provides penalties for violations. Defines "tether".
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB4033 | | LRB097 16039 CEL 61192 b |
|
| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Humane Care for Animals Act is amended by | 5 | | changing Section 3 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 (a) sufficient quantity of good quality, | 11 | | wholesome food and water;
| 12 | | (2) (b) adequate shelter and protection from the | 13 | | weather;
| 14 | | (3) (c) veterinary care when needed to prevent | 15 | | suffering; and
| 16 | | (4) (d) humane care and treatment.
| 17 | | (b) To lawfully tether a dog outdoors, an owner must ensure | 18 | | that the dog: | 19 | | (1) does not suffer from a condition that is known, by | 20 | | that person, to be exacerbated by tethering; | 21 | | (2) is tethered in a manner that will prevent it from | 22 | | becoming entangled with other tethered dogs; | 23 | | (3) is not tethered with a lead that (i) exceeds |
| | | HB4033 | - 2 - | LRB097 16039 CEL 61192 b |
|
| 1 | | one-eighth of the dog's body weight or (ii) is a tow chain | 2 | | or a log chain, either of which is any chain that is more | 3 | | than one-fourth of an inch in width; | 4 | | (4) is tethered with a lead that measures, when rounded | 5 | | to the nearest whole foot, at least 10 feet in length; | 6 | | (5) is tethered with a properly fitting harness or | 7 | | collar other than the lead or a pinch, prong, or choke-type | 8 | | collar; | 9 | | (6) is not tethered in a manner that will allow it to | 10 | | reach within the property of another person, a public | 11 | | walkway, or a road; and | 12 | | (7) when tethered between 10 p.m. and 6 a.m., is | 13 | | tethered for no more than 15 minutes or has access to | 14 | | adequate shelter and protection from the weather as | 15 | | required under subsection (a) of this Section. | 16 | | (c) Subsection (b) of this Section shall not be construed | 17 | | to prohibit: | 18 | | (1) a person from walking a dog with a hand-held leash; | 19 | | (2) conduct that is directly related to the cultivating | 20 | | of agricultural products, including shepherding or herding | 21 | | cattle or livestock, if the restraint is reasonably | 22 | | necessary for the safety of the dog; or | 23 | | (3) the tethering of a dog while at an organized and | 24 | | lawful animal function, such as hunting, obedience | 25 | | training, performance and conformance events, or law | 26 | | enforcement training, or while in the pursuit of working or |
| | | HB4033 | - 3 - | LRB097 16039 CEL 61192 b |
|
| 1 | | competing in those endeavors. | 2 | | (d) A person convicted of violating subsection (a) of this | 3 | | Section is guilty of a Class B
misdemeanor. A second or | 4 | | subsequent violation of subsection (a) of this Section is a | 5 | | Class 4 felony with every
day that a violation continues | 6 | | constituting a separate offense. In addition to
any other | 7 | | penalty provided by law, upon conviction for violating | 8 | | subsection (a) of this Section,
the court may order the | 9 | | convicted person to undergo a psychological or
psychiatric | 10 | | evaluation and to undergo any treatment at the convicted | 11 | | person's
expense that the court determines to be appropriate | 12 | | after due consideration of
the evaluation. If the convicted | 13 | | person is a juvenile or a companion animal
hoarder, the court | 14 | | must order the convicted person to undergo a psychological
or | 15 | | psychiatric evaluation and to undergo treatment that the court | 16 | | determines to
be appropriate after due consideration of the | 17 | | evaluation.
| 18 | | (e) A person convicted of violating subsection (b) of this | 19 | | Section is guilty of a Class B misdemeanor. | 20 | | (f) As used in this Section, "tether" means to restrain by | 21 | | tying to an object or structure, including, without limitation, | 22 | | a house, tree, fence, post, garage, shed, or clothes line at a | 23 | | person's residence or business, by any means, including, | 24 | | without limitation, a chain, rope, cord, leash, or running | 25 | | line. | 26 | | (Source: P.A. 92-650, eff. 7-11-02.)
|
|