HLS 18RS-655 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 121
BY REPRESENTATIVE COUSSAN
ANIMALS: Provides relative to the crime of unlawful restraint of a dog
1 AN ACT
2To amend and reenact R.S. 14:102.26(B), relative to the crime of unlawful restraint of a dog;
3 to provide relative to the elements of the criminal offense; to provide specific
4 prohibitions relative to the tying, tethering, or restraining of a dog under certain
5 conditions; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:102.26(B) is hereby amended and reenacted to read as follows:
8 ยง102.26. Unlawful restraint of a dog; definitions; penalties
9 * * *
10 B. It shall be unlawful to tie, tether, or restrain any animal in a manner that
11 is inhumane, cruel, or detrimental to its welfare including but not limited to using a
12 restraint less than ten feet in length, or less than five times the length of the dog's
13 body from tip of nose to base of tail, whichever is greater; using a restraint that
14 causes injury or pain to the dog because of the material of which it is made or
15 because of the size or weight of the restraint; or using a restraint that weighs more
16 than one-eighth of the dog's body weight.
17 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-655 REENGROSSED
HB NO. 121
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 121 Reengrossed 2018 Regular Session Coussan
Abstract: Amends the crime of unlawful restraint of a dog to provide the conditions under
which the tying, tethering, or restraining of the dog is considered inhumane, cruel,
or detrimental to its welfare.
Present law prohibits the tying, tethering, or restraining of any animal in a manner that is
inhumane, cruel, or detrimental to its welfare and provides that whoever violates these
provisions shall be fined not more than $300.
Present law further provides for certain exceptions to the offense including the following:
(1)Accepted veterinary practices.
(2)Activities carried on for scientific or medical research governed by accepted
standards.
(3)A dog restrained to a running line, pulley, or trolley system and is not restrained to
the running line, pulley, or trolley system by means of a pinch-type, prong-type,
choke-type, or improperly fitted collar.
(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.
(5)A dog restrained while the owner is engaged in, or actively training for, an activity
that is conducted pursuant to a valid license issued by this state if the activity for
which the license is issued is associated with the use or presence of a dog.
(6)A dog restrained while the owner is engaged in conduct directly related to the
business of shepherding or herding cattle or livestock.
(7)A dog restrained while the owner is engaged in conduct directly related to the
business of cultivating agricultural products if the restraint is reasonably necessary
for the safety of the dog.
(8)A dog being restrained and walked with a hand-held leash regardless of the type of
collar being used.
Proposed law retains present law and adds specific conditions under which the tying,
tethering, or restraining of an animal is considered to be inhumane, cruel, or detrimental to
its welfare. Such conditions include using a restraint less than ten feet in length, or less than
five times the length of the dog's body from tip of nose to base of tail, whichever is greater;
using a restraint that causes injury or pain to the dog because of the material of which it is
made or because of the size or weight of the restraint; or using a restraint that weighs more
than one-eighth of the dog's body weight.
(Amends R.S. 14:102.26(B))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-655 REENGROSSED
HB NO. 121
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove the following as specific conditions under which the tying, tethering, or
restraining of the dog is considered to be inhumane, cruel, or detrimental to its
health:
(a)Tying, tethering, or restraining the dog in any area where there is an
accumulation of feces or other waste, insect infestation, rodent
infestation, foul odor, or another unsanitary or dangerous condition
within the radius of the restraint.
(b)Tying, tethering, or restraining the dog in a way that restricts the dog
from easily standing, sitting, lying down, turning about, and making all
other normal body movements in a comfortable, normal position for the
dog.
(c)Tying, tethering, or restraining the dog in an area likely to cause injury
or pain to the dog because of entanglement or because of surrounding
structures.
(d)Tying, tethering, or restraining the dog in an area that allows the dog to
cross the property line of the property on which it is tethered.
(e)Tying, tethering, or restraining the dog in a manner that exposes the dog
to extreme weather conditions.
The House Floor Amendments to the engrossed bill:
1. Restore present law which prohibits the tying, tethering, or restraining of any
animal in a manner that is inhumane, cruel, or detrimental to its welfare, and
specify that the provisions of proposed law apply specifically to the tying,
tethering, or restraining of a dog.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.