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                                                       PRINTER'S NO. 829

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 779 Session of 1999


        INTRODUCED BY PHILLIPS, BELFANTI, HESS, GEIST, BUXTON, DALEY,
           BELARDI, HENNESSEY, NAILOR, FLEAGLE, BARRAR, WILLIAMS, HASAY,
           BAKER, ZIMMERMAN, LYNCH, CLARK, TRUE, E. Z. TAYLOR, READSHAW,
           RUBLEY, FORCIER, STABACK, ROSS, S. MILLER, SOLOBAY, BARD,
           HARHAI, STERN, ROONEY, KENNEY, L. I. COHEN AND GLADECK,
           MARCH 9, 1999

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 9, 1999

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for police animals; and
     3     providing penalties.

     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  § 5511.2.  Police animals.
     9     (a)  Illegal to taunt police animals.--It shall be unlawful
    10  for any person to willfully or maliciously taunt, torment,
    11  tease, beat, kick or strike a police animal. Any person who
    12  violates any of the provisions of this subsection commits a
    13  misdemeanor of the first degree.
    14     (b)  Illegal to torture police animals.--It shall be unlawful
    15  for any person to willfully or maliciously torture, mutilate,
    16  injure, disable, poison or kill a police animal. Any person who


     1  violates any of the provisions of this subsection commits a
     2  misdemeanor of the first degree.
     3     (c)  Restitution.--In any case in which a defendant is
     4  convicted of a violation of subsection (a) or (b), the defendant
     5  shall be ordered to make restitution to the agency or individual
     6  owning the animal for any veterinary bills, for replacement
     7  costs of the animal if it is disabled or killed and for the
     8  salary of the animal's handler for the period of time the
     9  handler's services are lost to the agency.
    10     (d)  Definitions.--As used in this section, the following
    11  words and phrases shall have the meanings given to them in this
    12  subsection:
    13     "Accelerant detection dog."  A dog which is trained for
    14  accelerant detection, commonly referred to as arson canines.
    15     "Bomb detection dog."  A dog which is trained to locate a
    16  bomb or explosives by scent.
    17     "Narcotic detection dog."  A dog which is trained to locate
    18  narcotics by scent.
    19     "Police animal."  An animal, including, but not limited to,
    20  dogs and horses, used by the Pennsylvania State Police, the
    21  Department of Corrections, a county correctional facility or by
    22  a municipal police department, fire department, search and
    23  rescue unit or agency or handler under the supervision of such
    24  department, search and rescue unit or agency in the performance
    25  of the functions or duties of such department, search and rescue
    26  unit or agency, whether the animal is on duty or not on duty.
    27  The term shall include, but not be limited to, an accelerant
    28  detection dog, bomb detection dog, narcotic detection dog,
    29  search and rescue dog and tracking animal.
    30     "Search and rescue dog."  A dog which is trained to locate
    19990H0779B0829                  - 2 -

     1  lost or missing persons, victims of natural or manmade disasters
     2  and human bodies.
     3     "Tracking animal."  An animal which is trained to track or
     4  used to pursue a missing person, escaped inmate or fleeing
     5  felon.
     6     Section 2.  This act shall take effect in 60 days.
















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