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))
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.