PRINTER'S NO. 1307
No. 1029 Session of 2007
INTRODUCED BY LOGAN, FONTANA, FERLO, TARTAGLIONE, COSTA,
KASUNIC, ORIE, KITCHEN AND WASHINGTON, JULY 14, 2007
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JULY 14, 2007
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225),
2 entitled, as amended, "An act relating to dogs, regulating
3 the keeping of dogs; providing for the licensing of dogs and
4 kennels; providing for the protection of dogs and the
5 detention and destruction of dogs in certain cases;
6 regulating the sale and transportation of dogs; declaring
7 dogs to be personal property and the subject of theft;
8 providing for the abandonment of animals; providing for the
9 assessment of damages done to animals; providing for payment
10 of damages by the Commonwealth in certain cases and the
11 liability of the owner or keeper of dogs for such damages;
12 imposing powers and duties on certain State and local
13 officers and employees; providing penalties; and creating a
14 Dog Law Restricted Account," further providing for
15 registration of dangerous dogs; and prescribing penalties.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 502-A(d) of the act of December 7, 1982
19 (P.L.784, No.225), known as the Dog Law, amended December 11,
20 1996 (P.L.943, No.151), is amended to read:
21 Section 502-A. Registration.
22 * * *
23 (d) Disposition of dog during court proceedings.--
24 (1) (i) An owner or keeper of any dog who has been
1 charged with harboring a dangerous dog shall keep such
2 dog or dogs confined in a proper enclosure or, when off
3 the property of the owner or keeper for purposes of
4 veterinary care, muzzled and on a substantial chain or
5 leash and under physical restraint of a responsible
6 person until such time a report is made under subsection
7 (b).
8 (ii) The muzzle shall be made in a manner that will
9 not cause injury to the dog or interfere with its vision
10 or respiration, but shall prevent it from biting any
11 person or animal or from destroying property with its
12 teeth.
13 (2) If an appeal of a decision under subsection (b) is
14 filed, such dog or dogs shall remain so confined and
15 restrained in accordance with paragraph (1) until such
16 proceedings are completed.
17 (3) (i) It shall be unlawful for an owner or keeper of
18 a dog who has been charged with harboring a dangerous dog
19 to dispense the dog in any manner except to be humanely
20 killed.
21 (ii) A violation of this [subsection] paragraph
22 shall constitute a summary offense accompanied by a fine
23 of not less than [$200] $800.
24 (4) Notwithstanding any provision of law to the
25 contrary:
26 (i) (A) A first violation of paragraph (1) or (2)
27 shall constitute a misdemeanor of the third degree.
28 (B) A second violation or subsequent violation
29 of paragraph (1) or (2) shall constitute a
30 misdemeanor of the second degree.
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1 (ii) A violation of paragraph (1) or (2) that
2 results in an attack of a person, or the attack, injury
3 or death of a domestic animal, by the dog or dogs that
4 are the subject of the charge through the intentional,
5 reckless or negligent conduct of the owner or keeper of
6 the dog or dogs, shall constitute a misdemeanor of the
7 second degree. In addition, the dog or dogs shall be
8 immediately confiscated and placed in quarantine pending
9 the determination of the charge and any appeal. Following
10 the determination of the charge and any subsequent
11 appeal, the humane destruction of the dog or dogs may be
12 ordered with the costs of the quarantine and destruction
13 to be borne by the owner of the dog or dogs.
14 (iii) A violation of paragraph (1) or (2) that
15 results in an aggressive attack by the dog or dogs that
16 are the subject of a charge of harboring a dangerous dog
17 and the death or severe injury of a person or persons by
18 the dog or dogs through the intentional, reckless or
19 negligent conduct of the owner or keeper of the dog or
20 dogs shall constitute a misdemeanor of the first degree.
21 In addition, the dog or dogs shall be immediately
22 confiscated and placed in quarantine pending the
23 determination of the charge and any appeal. Following the
24 determination of the charge and any subsequent appeal,
25 the humane destruction of the dog or dogs may be ordered
26 with the costs of the quarantine and destruction to be
27 borne by the owner of the dog or dogs.
28 (iv) Where the owner of a dog or dogs that are the
29 subject of a charge of harboring a dangerous dog is a
30 minor, the parent or guardian of the minor shall be
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1 liable for injuries, and property damages caused by an
2 unprovoked attack by the dog or dogs under 23 Pa.C.S. Ch.
3 55 (relating to liability for tortious acts of children).
4 Section 2. This act shall take effect in 60 days.
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