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        PRIOR PRINTER'S NO. 443                       PRINTER'S NO. 3058

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 379 Session of 2007


        INTRODUCED BY CUTLER, STERN, BAKER, BELFANTI, CALTAGIRONE,
           CAPPELLI, CLYMER, DENLINGER, FAIRCHILD, GEIST, GINGRICH,
           GODSHALL, GRUCELA, HENNESSEY, HERSHEY, HESS, M. KELLER,
           KOTIK, SAYLOR, TANGRETTI, COX, BOYD, DALEY, THOMAS, KULA,
           PYLE, GIBBONS AND HICKERNELL, FEBRUARY 13, 2007

        AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 14, 2008

                                     AN ACT

     1  Amending Titles 3 (Agriculture) and 18 (Crimes and Offenses) of
     2     the Pennsylvania Consolidated Statutes, providing for the
     3     definitions of "agricultural biosecurity areas" and for
     4     "posted notice"; and further providing for keeping and
     5     handling of domestic animals, for criminal trespass and for
     6     ecoterrorism.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 2303 of Title 3 of the Pennsylvania
    10  Consolidated Statutes is amended by adding a definition           <--
    11  DEFINITIONS to read:                                              <--
    12  § 2303.  Definitions.
    13     The following words and phrases when used in this chapter
    14  shall have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     * * *
    17     "Agricultural biosecurity area."  Any of the following areas
    18  which has been identified by posted notice as a biosecurity

     1  area: AREA AND FOR WHICH THE OWNER OR OTHER AUTHORIZED PERSON     <--
     2  HAS ESTABLISHED PROCEDURES TO INHIBIT THE TRANSFERENCE OF
     3  TRANSMISSIBLE DISEASE:
     4         (1)  Agricultural or other open lands as defined under 18
     5     Pa.C.S. § 3503-b.2)(3)(relating to criminal trespass).
     6         (2)  A building or animal OR PLANT containment area        <--
     7     fenced or enclosed in a manner manifestly designed to exclude
     8     trespassers or to confine domestic animals OR PLANTS used in   <--
     9     RESEARCH OR agricultural activity or farming as defined in 18  <--
    10     Pa.C.S. § 3309 (relating to agricultural vandalism). for       <--
    11     which the owner or other authorized person has established
    12     procedures to inhibit the transference of transmissible
    13     disease.
    14     * * *
    15     "Posted notice."  Notice posted in a manner prescribed by the  <--
    16  department or which is reasonably likely to come to the
    17  attention of a person.
    18     * * *
    19     Section 2.  Section 2305 of Title 3 is amended to read:
    20  § 2305.  Keeping and handling of domestic animals.
    21     The department shall have authority to regulate the keeping
    22  and handling of domestic animals to exclude or contain dangerous
    23  transmissible diseases and hazardous substances and to protect
    24  the environment, including the authority to require the
    25  establishment of an agricultural biosecurity area. Nothing in
    26  this section shall be construed to authorize the department to
    27  require vaccination of any animal to prevent or control rabies
    28  whenever that animal is exempt from vaccination under the act of
    29  December 15, 1986 (P.L.1610, No.181), known as the Rabies
    30  Prevention and Control in Domestic Animals and Wildlife Act.
    20070H0379B3058                  - 2 -     

     1     Section 3.  The definition of "specified offense against
     2  property" in section 3311(d) of Title 18 is amended to read:
     3  § 3311.  Ecoterrorism.
     4     * * *
     5     (d)  Definitions.--As used in this section, the following
     6  words and phrases shall have the meanings given to them in this
     7  subsection:
     8     * * *
     9     "Specified offense against property."  Any of the following
    10  offenses:
    11         Section 3301(a), (c), (d), (d.1) and (f) (relating to
    12     arson and related offenses).
    13         Section 3302 (relating to causing or risking
    14     catastrophe).
    15         Section 3304 (relating to criminal mischief).
    16         Section 3307 (relating to institutional vandalism).
    17         Section 3309 (relating to agricultural vandalism).
    18         Section 3310 (relating to agricultural crop destruction).
    19         Section 3502 (relating to burglary) but only if the actor
    20     commits the crime for the purpose of committing one of the
    21     other offenses listed in this definition.
    22         Section 3503 (relating to criminal trespass) but only if
    23     the actor commits the crime for the purpose of releasing a
    24     dangerous transmissible disease or hazardous substance, as
    25     those terms are defined under 3 Pa.C.S. § 2303 (relating to
    26     definitions), threatening or terrorizing the owner or
    27     occupant of the premises, starting or causing to be started
    28     any fire upon the premises or defacing or damaging the
    29     premises.
    30         Section 3921 (relating to theft by unlawful taking or
    20070H0379B3058                  - 3 -     

     1     disposition).
     2         Section 3922 (relating to theft by deception).
     3         Section 4101 (relating to forgery).
     4         Section 4120 (relating to identity theft).
     5     Section 4.  Section 3503 of Title 18 is amended by adding a
     6  subsection to read:
     7  § 3503.  Criminal trespass.
     8     * * *
     9     (b.3)  Agricultural biosecurity area trespasser.--
    10         (1)  A person commits an offense if the person knowingly   <--
    11     or recklessly does any of the following:
    12             (i)  Enters an agricultural biosecurity area unless
    13         the owner or other authorized person expressly authorizes
    14         entry OR ENTRY IS AUTHORIZED BY LAW.                       <--
    15             (ii)  Enters KNOWING THAT HE OR SHE IS NOT LICENSED    <--
    16         OR PRIVILEGED TO DO SO, ENTERS an agricultural
    17         biosecurity area without performing the measures for
    18         biosecurity that by posted notice are directed to be
    19         performed for entry to the area.
    20             (III)  KNOWINGLY OR RECKLESSLY ENTERS AN AGRICULTURAL  <--
    21         BIOSECURITY AREA WITHOUT PERFORMING THE MEASURES FOR
    22         BIOSECURITY THAT BY POSTED NOTICE ARE DIRECTED TO BE
    23         PERFORMED FOR ENTRY TO THE AREA.
    24         (2)  An offense under this subsection shall constitute a
    25     misdemeanor of the first degree.
    26         (3)  For the purposes of this subsection, the phrases
    27     "agricultural biosecurity area" and "posted notice" shall
    28     have the meanings given to them in 3 Pa.C.S. § 2303 (relating
    29     to definitions).
    30     Section 5.  This act shall take effect immediately.
    A26L03MSP/20070H0379B3058        - 4 -