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                                                      PRINTER'S NO. 4306

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 3012 Session of 1990


        INTRODUCED BY KASUNIC, BURD, D. F. CLARK, MELIO, ANGSTADT,
           HERSHEY, CORRIGAN, VAN HORNE, YANDRISEVITS, MIHALICH, DALEY,
           LAUGHLIN AND DIETTERICK, NOVEMBER 14, 1990

        REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           NOVEMBER 14, 1990

                                     AN ACT

     1  Amending the act of December 7, 1982 (P.L.784, No.225), entitled
     2     "An act relating to dogs, regulating the keeping of dogs;
     3     providing for the licensing of dogs and kennels; providing
     4     for the protection of dogs and the detention and destruction
     5     of dogs in certain cases; regulating the sale and
     6     transportation of dogs; declaring dogs to be personal
     7     property and the subject of theft; providing for the
     8     assessment of damages done to livestock, poultry and domestic
     9     game birds; providing for payment of damages by the
    10     Commonwealth in certain cases and the liability of the owner
    11     or keeper of dogs for such damages; imposing powers and
    12     duties on certain State and local officers and employees;
    13     providing penalties; and creating a Dog Law Restricted
    14     Account," further providing for the destruction of certain
    15     dogs; imposing civil liability and criminal penalties; and
    16     making a repeal.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  The heading of section 501 of the act of December
    20  7, 1982 (P.L.784, No.225), known as the Dog Law, is amended and
    21  the section is amended by adding subsections to read:
    22  Section 501.  Killing dogs; complaints in trespass before
    23                 district justice; vicious dogs; civil and
    24                 criminal liability; fines; bonds.

     1     * * *
     2     (e)  Destruction of dog.--Any dog that has viciously attacked
     3  a human being shall be destroyed immediately. The destruction of
     4  the dog may be performed by any police officer or by an animal
     5  control officer.
     6     (f)  Civil liability.--The owner of any dog that inflicts
     7  severe injury or death to any human being due to a vicious
     8  attack shall be civilly liable for all damages arising out of
     9  such vicious attack.
    10     (g)  Criminal penalties.--The owner of any dog that inflicts
    11  severe injury or death to any human being due to a vicious
    12  attack commits a misdemeanor of the third degree if he was
    13  negligent in his conduct which led to the vicious attack. If the
    14  owner's conduct was grossly negligent, reckless or intentional,
    15  he commits a misdemeanor of the second degree if such conduct
    16  resulted in a vicious attack by his dog upon a human being.
    17     Section 2.  Article V-A of the act is repealed.
    18     Section 3.  This act shall take effect immediately.








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