PRINTER'S NO. 3416
No. 2519 Session of 1998
INTRODUCED BY HESS, GEIST, READSHAW, STABACK, STERN, COY,
E. Z. TAYLOR, TRELLO, FAIRCHILD, SEMMEL, B. SMITH, SURRA,
BUNT, HUTCHINSON AND YOUNGBLOOD, APRIL 21, 1998
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 21, 1998
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing penalties for abuse of fish,
3 game and wildlife, farm animal and research facilities.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3310. Abuse of fish, game and wildlife, farm animal and
9 research facilities.
10 (a) Offense defined.--It shall be unlawful for any person:
11 (1) To obtain unauthorized possession, cause the
12 unauthorized release or cause the loss of or damage to any
13 animal from a fish facility, game and wildlife facility, farm
14 animal facility or research facility with the intent to
15 disrupt or damage the enterprise conducted at the facility.
16 (2) To damage, vandalize or obtain unauthorized
17 possession of any property in or on a fish facility, game and
18 wildlife facility, farm animal facility or research facility
1 with the intent to disrupt or damage the enterprise conducted
2 at the facility.
3 (3) To break and enter any fish facility, game and
4 wildlife facility, farm animal facility or research facility
5 with an intent to destroy, alter, duplicate or obtain the
6 unauthorized possession of records, data, materials,
7 equipment or animals.
8 (4) To receive, conceal or retain any material,
9 equipment or animals of any fish facility, game and wildlife
10 facility, farm animal facility or research facility, knowing
11 them to have been stolen or converted.
12 (5) To enter, obtain access to or remain on a fish
13 facility, game and wildlife facility, farm animal facility or
14 research facility with the intent to commit an act prohibited
15 under this section.
16 (b) Defense.--It shall be a defense under this section that
17 the person engaging in these acts is a Federal, State or local
18 law enforcement official acting within the scope of his
19 authority or the person is acting under the authorization of a
20 law enforcement official and that the action is within the scope
21 of the authority of that law enforcement officer.
22 (c) Grading.--A violation of subsection (a) constitutes a
23 felony of the third degree.
24 (d) Definitions.--As used in this section, the following
25 words and phrases shall have the meanings given to them in this
26 subsection:
27 "Animal." Any warm-blooded or cold-blooded animal used in
28 food or fiber production, agriculture, aquaculture, research,
29 testing or education. The term also includes "fish" as defined
30 in 30 Pa.C.S. § 102 (relating to definitions) and "game" and
19980H2519B3416 - 2 -
1 "wildlife" as defined in 34 Pa.C.S. § 102 (relating to
2 definitions).
3 "Break and enter." To gain entry by force, breaking into,
4 intimidation, subterfuge or unauthorized opening of locks or
5 through an opening not designed for human access.
6 "Farm animal." Any animal used or intended to be used for:
7 (1) food or fiber production;
8 (2) animal nutrition, breeding, management or production
9 or the improvement thereof; or
10 (3) improvement of food or fiber quality.
11 "Farm animal facility." Any vehicle, building, enclosure,
12 separately secured yard, pad, pond, raceway, tank, pasture,
13 feedlot, pen, structure or premises in which:
14 (1) a farm animal is raised, kept, housed, exhibited,
15 bred or offered for sale; or
16 (2) supplies, equipment or materials necessary to or
17 resulting from the raising, keeping, housing, exhibition,
18 breeding or selling of a farm animal are stored.
19 "Fish facility." Any vehicle, building, enclosure, pond,
20 raceway, tank, structure or premises where activities licensed
21 under 30 Pa.C.S. § 3101 (relating to licenses), 3301 (relating
22 to artificial propagation licenses) or 3309 (relating to live
23 bait fish, live fish bait and live fish dealers licenses)
24 involving fish are lawfully conducted.
25 "Game and wildlife facility." Any vehicle, building,
26 structure, enclosure, pasture, pen, separately secured yard,
27 pad, structure or premises where activities permitted under 34
28 Pa.C.S. §§ 2930 (relating to propagating permits), 2962
29 (relating to exotic wildlife dealer permits), 2963 (relating to
30 exotic wildlife possession permits) and 2964 (relating to
19980H2519B3416 - 3 -
1 menagerie permits) involving game and wildlife are lawfully
2 conducted.
3 "Person." Any individual, corporation, association,
4 nonprofit corporation, joint stock company, firm, trust,
5 partnership, two or more persons having a joint or common
6 interest, or other legal entity.
7 "Possession." Actual care, custody, control or management.
8 "Research." Any studious and serious inquiry, examination,
9 investigation or experimentation aimed at the discovery or
10 accumulation of facts, data, theories, technologies or
11 applications for any governmental, scientific, educational or
12 proprietorial purpose.
13 "Research facility." Any vehicle, building, structure,
14 premises, enclosure, separately secured yard, pad, pond,
15 laboratory, pasture or pen, the purpose of which is to conduct
16 research, house research subjects or store supplies, prototypes,
17 equipment or materials necessary to or derived from the research
18 process.
19 Section 2. This act shall take effect in 60 days.
B10L18RZ/19980H2519B3416 - 4 -