Bill Text: IL SB2203 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: 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".

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-04-08 - Rule 3-9(a) / Re-referred to Assignments [SB2203 Detail]

Download: Illinois-2015-SB2203-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2203 Introduced 12/4/2015, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
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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A BILL FOR
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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
adding Sections 2.01i and 2.01j and changing Section 3 and as
follows:
(510 ILCS 70/2.01i new)
Sec. 2.01i. Adequate shelter. "Adequate shelter" means a
shelter that (1) is suitable for the species, age, condition,
size, and type of each animal, (2) provides adequate space for
each animal, (3) is safe and protects each animal from injury,
rain, sleet, snow, hail, direct sunlight, the adverse effects
of heat or cold, physical suffering, and impairment of health,
(4) is properly lighted, (5) is properly cleaned, (6) enables
each animal to be clean and dry, except when detrimental to the
species, and (7) for dogs and cats, provides a solid surface,
resting platform, pad, floor mat, or similar device that is
large enough for the animal to lie on in a normal manner and
can be maintained in a sanitary manner. "Adequate shelter" does
not include a shelter whose wire, grid, or slat floors (1)
allow an animal's feet to pass through the openings, (2) sag
under an animal's weight, or (3) otherwise do not protect an
animal's feet or toes from injury.

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(510 ILCS 70/2.01j new)
Sec. 2.01j. Adequate space. "Adequate space" means
sufficient space to allow each animal to (1) easily stand, sit,
lie, turn about, and make all other normal body movements in a
comfortable and normal position for the animal and (2) interact
safely with other animals in the enclosure.
(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, adequate space, and protection
from the weather;
(3) veterinary care when needed to prevent suffering;
and
(4) 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

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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

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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. 98-101, eff. 1-1-14.)