PRINTER'S NO. 3772

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2532 Session of 2008


        INTRODUCED BY CALTAGIRONE, SHIMKUS, SANTONI, ADOLPH, BELFANTI,
           BENNINGTON, BEYER, BRENNAN, BUXTON, CAPPELLI, CARROLL,
           CASORIO, CIVERA, CRUZ, DALEY, J. EVANS, FABRIZIO, FRANKEL,
           GALLOWAY, GIBBONS, GOODMAN, GRUCELA, HARPER, JAMES,
           W. KELLER, KILLION, KOTIK, KULA, LENTZ, MAHER, MANDERINO,
           MARSHALL, MELIO, MOYER, MUSTIO, D. O'BRIEN, M. O'BRIEN,
           O'NEILL, PAYNE, PAYTON, PRESTON, RAYMOND, READSHAW, ROCK,
           RUBLEY, SCAVELLO, SIPTROTH, K. SMITH, M. SMITH, SOLOBAY,
           STURLA, SWANGER, J. TAYLOR, TRUE, WALKO, WATSON, J. WHITE,
           MICOZZIE, MAHONEY, YOUNGBLOOD AND COHEN, MAY 14, 2008

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 14, 2008

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for cruelty to
     3     animals.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 5511(h) of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended and the section is amended by
     8  adding a subsection to read:
     9  § 5511.  Cruelty to animals.
    10     * * *
    11     (h)  Cropping ears of dog; tail docking; debarking; surgical
    12  birth; prima facie evidence of violation.--
    13         (1)  (i)  A person commits a summary offense if he crops
    14         or cuts off, or causes or procures to be cropped or cut


     1         off, the whole[,] or part of the ear or ears of a dog or
     2         shows or exhibits or procures the showing or exhibition
     3         of any dog whose ear is or ears are cropped or cut off,
     4         in whole or in part, unless the person showing [such] the
     5         dog has in his possession either a certificate of
     6         veterinarian stating that [such] the cropping was done by
     7         the veterinarian or a certificate of registration from a
     8         county treasurer[,] showing that [such] the dog was cut
     9         or cropped before this section became effective.
    10             (ii)  The provisions of this section shall not
    11         prevent a veterinarian from cutting or cropping the whole
    12         or part of the ear or ears of a dog when [such] the dog
    13         is anesthetized[,] and shall not prevent any person from
    14         causing or procuring [such] the cutting or cropping of a
    15         dog's ear or ears by a veterinarian.
    16             (iii)  The possession by any person of a dog with an
    17         ear or ears cut off or cropped and with the wound
    18         resulting therefrom unhealed, or any [such] dog being
    19         found in the charge or custody of any person or confined
    20         upon the premises owned by or under the control of any
    21         person, shall be prima facie evidence of a violation of
    22         this subsection by [such] the person except as provided
    23         for in this subsection.
    24             (iv)  The owner of any dog whose ear or ears have
    25         been cut off or cropped before this section became
    26         effective may, if a resident of this Commonwealth,
    27         register [such] the dog with the treasurer of the county
    28         where he resides, and if a nonresident of this
    29         Commonwealth[,] with the treasurer of any county of this
    30         Commonwealth, by certifying, under oath, that the ear or
    20080H2532B3772                  - 2 -     

     1         ears of [such] the dog were cut or cropped before this
     2         section became effective, and the payment of a fee of $1
     3         into the county treasury. The said treasurer shall
     4         thereupon issue to [such] the person a certificate
     5         showing [such] the dog to be a lawfully cropped dog.
     6         (2)  (i)  A person commits a summary offense if the
     7         person debarks a dog by cutting, causing or procuring the
     8         cutting of its vocal cords or by altering, causing or
     9         procuring the alteration of any part of its resonance
    10         chamber.
    11             (ii)  The provisions of this paragraph shall not
    12         prevent a veterinarian from cutting the vocal cords or
    13         otherwise altering the resonance chamber of a dog when
    14         the dog is anesthetized and shall not prevent a person
    15         from causing or procuring a procedure by a veterinarian.
    16             (iii)  The possession by a person of a dog with the
    17         vocal cords cut or the resonance chamber otherwise
    18         altered and with the wound resulting therefrom unhealed
    19         shall be prima facie evidence of a violation of this
    20         paragraph by the person, except as provided in this
    21         subsection.
    22             (iv)  The owner of any dog who procured the
    23         alteration of the resonance chamber of the dog shall
    24         record and keep the record of the procedure.
    25         (3)  (i)  A person commits a summary offense if the
    26         person docks, cuts off, causes or procures the docking or
    27         cutting off of the tail of a dog over three days old.
    28             (ii)  The provisions of this paragraph shall not
    29         prevent a veterinarian from cutting or cropping the whole
    30         or part of the tail of a dog when the dog is anesthetized
    20080H2532B3772                  - 3 -     

     1         and shall not prevent a person from causing or procuring
     2         the cutting or docking of a tail of a dog by a
     3         veterinarian.
     4             (iii)  The possession by a person of a dog with a
     5         tail cut off or docked and with the wound resulting
     6         therefrom unhealed shall be prima facie evidence of a
     7         violation of this paragraph by the person, except as
     8         provided in this paragraph.
     9             (iv)  The owner of any dog who procured the cutting
    10         off or docking of a tail of the owner's dog shall record
    11         the procedure and keep the record.
    12         (4)  (i)  A person commits a summary offense if the
    13         person surgically births or causes or procures a surgical
    14         birth.
    15             (ii)  The provisions of this section shall not
    16         prevent a veterinarian from surgically birthing a dog
    17         when the dog is anesthetized and shall not prevent any
    18         person from causing or procuring the birthing by a
    19         veterinarian.
    20             (iii)  The possession by a person of a dog nursing
    21         puppies and with the wound resulting from a surgical
    22         birth unhealed shall be prima facie evidence of a
    23         violation of this paragraph by the person, except as
    24         provided in this paragraph.
    25     * * *
    26     (o.2)  Enforcement.--Entities and people who enforce the
    27  provisions of the Dog Law shall have concurrent authority to
    28  enforce this section as it relates to dogs in the course and
    29  scope of their duties in a jurisdiction in which there is no
    30  officer appointed under 22 Pa.C.S. Ch. 37 (relating to humane
    20080H2532B3772                  - 4 -     

     1  society police officers).
     2     * * *
     3     Section 2.  This act shall take effect immediately.


















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