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        PRIOR PRINTER'S NOS. 836, 995                 PRINTER'S NO. 1653

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 709 Session of 2003


        INTRODUCED BY DiGIROLAMO, ALLEN, BARD, BEBKO-JONES, BELARDI,
           BROWNE, BUXTON, CASORIO, CAUSER, CAWLEY, CIVERA, CORNELL,
           CORRIGAN, CRAHALLA, DALLY, DeLUCA, DONATUCCI, J. EVANS,
           FREEMAN, GEIST, GOODMAN, HARHAI, HARRIS, HASAY, HORSEY,
           KELLER, KENNEY, KOTIK, LaGROTTA, LEACH, MARKOSEK, McNAUGHTON,
           NAILOR, O'NEILL, PAYNE, PHILLIPS, RAYMOND, READSHAW, ROONEY,
           RUBLEY, RUFFING, SAINATO, SATHER, SCAVELLO, SCHRODER,
           STABACK, TANGRETTI, TRUE, WATSON, WEBER, WILT, J. TAYLOR,
           REICHLEY, E. Z. TAYLOR, HARHART, WALKO, COSTA, HANNA, REED
           AND CRUZ, MARCH 6, 2003

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MAY 5, 2003

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for cruelty to
     3     animals.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 5511(a)(2.1)(ii) of Title 18 of the
     7  Pennsylvania Consolidated Statutes, amended December 9, 2002
     8  (P.L.1439, No.183), is amended and the section is amended by
     9  adding subsections to read:
    10  § 5511.  Cruelty to animals.
    11     (a)  Killing, maiming or poisoning domestic animals or zoo
    12  animals, etc.--
    13         * * *
    14         (2.1)  * * *

     1             (ii)  Any person convicted of violating the
     2         provisions of this paragraph shall be sentenced to pay a
     3         fine of not less than $1,000 or to imprisonment for not
     4         more than [two] five years, or both. The court may also
     5         order a presentence mental evaluation. A subsequent
     6         conviction under this paragraph shall be a felony of the
     7         third degree. This paragraph shall apply to dogs and cats
     8         only.
     9             * * *
    10     (m.2)  Certain offenses.--In addition to any other penalty
    11  provided by law, a person convicted of a second or subsequent
    12  offense of cruelty to animals involving a dog or cat under
    13  subsection (c) shall be charged with a misdemeanor of the third
    14  degree.
    15     (m.3)  Prohibition of ownership.--Notwithstanding any
    16  provision of law and in addition to any other penalty provided
    17  by law, the authority imposing sentence upon a conviction for
    18  any violation of this section may order the prohibition or
    19  limitation of the defendant's ownership, possession, control or
    20  custody of animals OR EMPLOYMENT WITH THE CARE OF ANIMALS for a   <--
    21  period of time not to exceed the statutory maximum term of
    22  imprisonment applicable to the offense for which sentence is
    23  being imposed.
    24     * * *
    25     Section 2.  This act shall take effect immediately.




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