PRINTER'S NO. 2002
No. 1724 Session of 1993
INTRODUCED BY KASUNIC, DeLUCA, DALEY, PETRONE, TRELLO, BARLEY,
STABACK, PISTELLA, MIHALICH, BELFANTI, COY, CIVERA AND
HERSHEY, JUNE 7, 1993
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JUNE 7, 1993
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 making a repeal.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The heading of section 501 of the act of December
19 7, 1982 (P.L.784, No.225), known as the Dog Law, is amended and
20 the section is amended by adding a subsection to read:
21 Section 501. Killing dogs; complaints in trespass before
22 district justice; vicious dogs; civil liability;
23 fines; bonds.
1 * * *
2 (e) Civil liability.--The owner of any dangerous dog as
3 previously determined pursuant to Article V-A, that inflicts
4 severe injury, as defined in section 501-A, or death to any
5 human being due to an attack, as defined in section 501-A, shall
6 be civilly liable for all damages arising out of such attack.
7 Section 2. Sections 502-A(a) and 505-A(b) of the act, added
8 May 31, 1990 (P.L.213, No.46), are amended to read:
9 Section 502-A. Registration.
10 (a) Determination.--Any person who has been attacked by a
11 dog, or anyone on behalf of such person, a person whose domestic
12 animal has been killed or injured without provocation, the State
13 dog warden or the local police officer may make a complaint
14 before a district justice, charging the owner or keeper of such
15 a dog with harboring a dangerous dog. The district justice may
16 impose penalties set forth under section 505-A(a) through (d). A
17 penalty under section 505-A(b), however, may not be imposed
18 unless the dog has been determined in a previous case to be a
19 dangerous dog. The determination of a dog as a dangerous dog
20 shall be made by the district justice upon evidence of a dog's
21 history or propensity to attack without provocation based upon
22 an incident in which the dog has done one or more of the
23 following:
24 (1) Inflicted severe injury on a human being without
25 provocation on public or private property.
26 (2) Killed or inflicted severe injury on a domestic
27 animal without provocation while off the owner's property.
28 (3) Attacked a human being without provocation.
29 (4) Been used in the commission of a crime.
30 * * *
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1 Section 505-A. Public safety and penalties.
2 * * *
3 (b) Attacks [upon persons or animals] by dangerous dog.--If
4 a dangerous dog, through the intentional, reckless or negligent
5 conduct of the dog's owner, attacks a person or another domestic
6 animal, the dog's owner is guilty of a misdemeanor of the second
7 degree. In addition, the dangerous dog shall be immediately
8 confiscated, placed in quarantine for the proper length of time
9 and thereafter destroyed in an expeditious and humane manner,
10 with costs of quarantine and destruction to be borne by the
11 dog's owner.
12 * * *
13 Section 3. This act shall take effect immediately.
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