H1216B3608A07656 DMS:NLG 06/15/18 #90 A07656
AMENDMENTS TO HOUSE BILL NO. 1216
Sponsor: SENATOR TOMLINSON
Printer's No. 3608
Amend Bill, page 1, line 4, by inserting after "FOR"
definitions, for
Amend Bill, page 1, line 4, by inserting after "ANIMAL"
and for the offense of attack of guide dog; in trade and
commerce, further providing for the offense of discrimination
on account of guide, signal or service dog or other aid
animal
Amend Bill, page 1, lines 10 through 12, by striking out all
of said lines and inserting
Section 1. Section 5531 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 5531. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Service, guide or support dog." A dog that is trained or is
being trained to work or perform tasks for the benefit of an
individual with a disability consistent with Federal and State
law related to service animals.
* * *
Section 2. Sections 5532(a) and 5535 of Title 18, added June
28, 2017 (P.L.215, No.10), are amended to read:
Amend Bill, page 2, line 8, by striking out all of said line
and inserting
§ 5535. Attack of [guide] service, guide or support dog.
(a) Offense defined.--A person commits a misdemeanor of the
third degree if the person is the owner of a dog that kills,
maims or disfigures a [guide dog of an individual who is blind,
a hearing dog of an individual who is deaf or audibly impaired
or a service dog of an individual who is physically limited]
service, guide or support dog of an individual with a disability
without provocation by the [guide, hearing or service] service,
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guide or support dog or the individual.
(b) Culpability.--A person commits an offense under this
section only if the person:
(1) knew or should have known that the dog the person
owns had a propensity to attack human beings or domestic
animals without provocation[, and the owner]; and
(2) knowingly or recklessly failed to restrain the dog
or keep the dog in a contained, secure manner.
(c) Penalty.--A person convicted of violating this section
shall be sentenced to pay a fine of not more than $5,000 and
shall be ordered to make reparations for veterinary costs in
treating the [guide, hearing or service] service, guide or
support dog and, if necessary, the cost of obtaining and
training a replacement [guide, hearing or service] service,
guide or support dog.
(d) Civil penalty and restitution.--
(1) A person who is the owner of a dog that kills, maims
or disfigures a [guide dog of an individual who is blind, a
hearing dog of an individual who is deaf or audibly impaired
or a service dog of an individual who is physically limited]
service, guide or support dog of an individual with a
disability shall be subject to paragraph (2) if both of the
following apply:
(i) The owner knew the dog had a propensity to
attack human beings or domestic animals.
(ii) The owner failed to restrain the dog or keep
the dog in a contained, secure manner.
(2) A court of common pleas may impose any of the
following upon a person who is the owner of a dog under
paragraph (1):
(i) A civil penalty of up to $15,000.
(ii) Reparations for veterinary costs in treating
the [guide, hearing or service] service, guide or support
dog and, if necessary, the cost of retraining the dog or
of obtaining and training a replacement [guide, hearing
or service] service, guide or support dog.
(iii) Loss of income for the time the individual is
unable to work due to the unavailability of the [guide,
hearing or service] service, guide or support dog.
Section 3. Section 7325 of Title 18 is amended to read:
§ 7325. Discrimination on account of [guide, signal or service]
service, guide or support dog or other aid animal.
(a) Offense defined.--A person is guilty of a summary
offense if he, being the proprietor, manager or employee of a
theatre, hotel, restaurant or other place of public
accommodation, entertainment or amusement, refuses, withholds or
denies any person, who is using a [guide, signal or service]
service, guide or support dog or other aid animal [that has been
certified by a recognized authority] to assist [a person,
because of the physical disability, blindness or deafness of the
user,] an individual with a disability or who is training a
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[guide, signal or support] service, guide or support dog or
other aid animal for [or from a recognized authority for such a
user] an individual with a disability, the use of or access to
any accommodation, advantage, facility or privilege of such
theatre, hotel, restaurant or other place of public
entertainment or amusement.
(b) Definition.--As used in this section, the term "service,
guide or support dog" shall have the same meaning given it under
section 5531 (relating to definitions).
Section 4. Title 42 is amended by adding a section to read:
Amend Bill, page 3, line 7, by striking out "3" and inserting
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