Illinois General Assembly - Full Text of SB3337
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Full Text of SB3337  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/14/2014, by Sen. David Koehler


510 ILCS 70/2.01i new
510 ILCS 70/2.01j new
510 ILCS 70/3  from Ch. 8, par. 703

    Amends the Humane Care for Animals Act. Provides that each owner shall provide for each of his or her animals adequate shelter and adequate space. Defines "adequate shelter" and "adequate space".

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1    AN ACT concerning animals.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Humane Care for Animals Act is amended by
5adding Sections 2.01i and 2.01j and changing Section 3 and as
7    (510 ILCS 70/2.01i new)
8    Sec. 2.01i. Adequate shelter. "Adequate shelter" means a
9shelter that (1) is suitable for the species, age, condition,
10size, and type of each animal, (2) provides adequate space for
11each animal, (3) is safe and protects each animal from injury,
12rain, sleet, snow, hail, direct sunlight, the adverse effects
13of heat or cold, physical suffering, and impairment of health,
14(4) is properly lighted, (5) is properly cleaned, (6) enables
15each animal to be clean and dry, except when detrimental to the
16species, and (7) for dogs and cats, provides a solid surface,
17resting platform, pad, floormat, or similar device that is
18large enough for the animal to lie on in a normal manner and
19can be maintained in a sanitary manner. "Adequate shelter" does
20not include a shelter whose wire, grid, or slat floors (1)
21allow an animal's feet to pass through the openings, (2) sag
22under an animal's weight, or (3) otherwise do not protect an
23animal's feet or toes from injury.



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1    (510 ILCS 70/2.01j new)
2    Sec. 2.01j. Adequate space. "Adequate space" means
3sufficient space to allow each animal to (1) easily stand, sit,
4lie, turn about, and make all other normal body movements in a
5comfortable and normal position for the animal and (2) interact
6safely with other animals in the enclosure.
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
11        (1) a sufficient quantity of good quality, wholesome
12    food and water;
13        (2) adequate shelter, adequate space, and protection
14    from the weather;
15        (3) veterinary care when needed to prevent suffering;
16    and
17        (4) humane care and treatment.
18    (b) To lawfully tether a dog outdoors, an owner must ensure
19that the dog:
20        (1) does not suffer from a condition that is known, by
21    that person, to be exacerbated by tethering;
22        (2) is tethered in a manner that will prevent it from
23    becoming entangled with other tethered dogs;
24        (3) is not tethered with a lead that (i) exceeds



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1    one-eighth of the dog's body weight or (ii) is a tow chain
2    or a log chain;
3        (4) is tethered with a lead that measures, when rounded
4    to the nearest whole foot, at least 10 feet in length;
5        (5) is tethered with a properly fitting harness or
6    collar other than the lead or a pinch, prong, or choke-type
7    collar; and
8        (6) is not tethered in a manner that will allow it to
9    reach within the property of another person, a public
10    walkway, or a road.
11    (c) Subsection (b) of this Section shall not be construed
12to prohibit:
13        (1) a person from walking a dog with a hand-held leash;
14        (2) conduct that is directly related to the cultivating
15    of agricultural products, including shepherding or herding
16    cattle or livestock, if the restraint is reasonably
17    necessary for the safety of the dog;
18        (3) the tethering of a dog while at an organized and
19    lawful animal function, such as hunting, obedience
20    training, performance and conformance events, or law
21    enforcement training, or while in the pursuit of working or
22    competing in those endeavors; or
23        (4) a dog restrained in compliance with the
24    requirements of a camping or recreational area as defined
25    by a federal, State, or local authority or jurisdiction.
26    (d) A person convicted of violating subsection (a) of this



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1Section is guilty of a Class B misdemeanor. A second or
2subsequent violation of subsection (a) of this Section is a
3Class 4 felony with every day that a violation continues
4constituting a separate offense. In addition to any other
5penalty provided by law, upon conviction for violating
6subsection (a) of this Section, the court may order the
7convicted person to undergo a psychological or psychiatric
8evaluation and to undergo any treatment at the convicted
9person's expense that the court determines to be appropriate
10after due consideration of the evaluation. If the convicted
11person is a juvenile or a companion animal hoarder, the court
12must order the convicted person to undergo a psychological or
13psychiatric evaluation and to undergo treatment that the court
14determines to be appropriate after due consideration of the
16    (e) A person convicted of violating subsection (b) of this
17Section is guilty of a Class B misdemeanor.
18    (f) As used in this Section, "tether" means to restrain by
19tying to an object or structure, including, without limitation,
20a house, tree, fence, post, garage, shed, or clothes line at a
21person's residence or business, by any means, including,
22without limitation, a chain, rope, cord, leash, or running
24(Source: P.A. 98-101, eff. 1-1-14.)