SB1835 96TH GENERAL ASSEMBLY

LRB096 08459 JDS 18578 b

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.

A BILL FOR

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 and by adding Sections 2.11 and 2.12 as follows:

(510 ILCS 70/2.11 new)

Sec. 2.11. Equine. "Equine" means a member of the family Equidae.

(510 ILCS 70/2.12 new)

Sec. 2.12. Tethering. "Tethering" means the securing of an animal to an anchor point with a restraint in order to confine the animal to a desired area.

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

Sec. 3. Owner's duties.

(a) Each owner shall provide proper attention to and care for each of his animals, including, but not limited to, providing the following:

(1) (a) A sufficient daily quantity of good quality, wholesome food and water provided in an appropriate container, such as a food bowl or dish. During extreme weather conditions, each owner must take adequate and, if necessary, additional care to ensure that each of his animals has full access to good quality, wholesome food and to water that is plentiful and not frozen. ;

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

(A) A dog's shelter is adequate if it is structurally sound, waterproof, windproof, and includes clean bedding and a floor raised off of the ground. A dog's shelter is not adequate if it has a dirt floor.

(B) An equine's shelter is adequate if it (i) is structurally sound, (ii) has 3 sides and a waterproof roof sufficient to protect the animal from the weather, and (iii) provides, at a minimum, a sheltered area of at least 10 feet by 15 feet for each equine.

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

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

(b) If a dog is tethered in any manner, the following minimum care is required:

(1) The restraint shall be a minimum of 15 feet in length and attached to an appropriately fitted collar or harness.

(2) The dog shall not be tethered adjacent to a fence or any obstruction that places it in danger of injury or death.

(3) If the dog is tethered more than 3 consecutive hours, its restraint must allow unrestricted access to adequate shelter and good quality, wholesome food and water.

(4) If the dog is less than 4 months old, it shall not be tethered.

(5) If a female dog is in season, she shall not be tethered in a manner that allows male dogs to have access to her.

(6) If a female dog is pregnant and nearing the end of her gestational term, she shall not be tethered.

(c) A person convicted of violating this Section is guilty of a Class B misdemeanor. A second or subsequent violation 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 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.

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