Illinois General Assembly - Full Text of Public Act 098-0101
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Public Act 098-0101


 

Public Act 0101 98TH GENERAL ASSEMBLY

  
  
  

 


 
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.)

Effective Date: 1/1/2014