Bill Amendment: IL HB4380 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DOG OR CAT-EXTREME WEATHER

Status: 2019-01-08 - Session Sine Die [HB4380 Detail]

Download: Illinois-2017-HB4380-House_Amendment_001.html

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Rep. Allen Skillicorn

Filed: 4/4/2018

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AMENDMENT TO HOUSE BILL 4380
AMENDMENT NO. ______. Amend House Bill 4380 by replacing
everything after the enacting clause with the following:
"Section 5. The Humane Care for Animals Act is amended by
changing Sections 3 and 3.01 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 sufficient quantity of good quality, wholesome
food and water;
(2) adequate shelter and protection from the weather
allowing the animal to maintain safe body temperature;
(3) veterinary care when needed to prevent suffering;
and
(4) humane care and treatment.

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(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

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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,

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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. 98-101, eff. 1-1-14.)
(510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
Sec. 3.01. Cruel treatment.
(a) No person or owner may beat, cruelly treat, torment,
starve, overwork or otherwise abuse any animal.
(b) No owner may abandon any animal where it may become a
public charge or may suffer injury, hunger or exposure.
(c) No owner of a dog or cat that is a companion animal may
expose the dog or cat in a manner that, on belief of a
reasonable person authorized to enforce this Act, including law
enforcement, places the dog or cat in a life-threatening
situation for a prolonged period of time in extreme heat or
cold conditions that may:
(1) result results in injury to or death of the animal;
or
(2) result results in hypothermia, hyperthermia,
frostbite, or similar condition as diagnosed by a doctor of
veterinary medicine.
(c-5) Nothing in this Section shall prohibit an animal from
being impounded in an emergency situation under subsection (b)
of Section 12 of this Act.

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(d) A person convicted of violating this Section is guilty
of a Class A misdemeanor. A second or subsequent conviction for
a violation of this Section is a Class 4 felony. In addition to
any other penalty provided by law, a person who is convicted of
violating subsection (a) upon a companion animal in the
presence of a child, as defined in Section 12-0.1 of the
Criminal Code of 2012, shall be subject to a fine of $250 and
ordered to perform community service for not less than 100
hours. 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 evidence. 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. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; 99-642,
eff. 7-28-16; 99-782, eff. 8-12-16.)".