PRINTER'S NO. 231
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FARNESE, STACK, ERICKSON, RAFFERTY, HUGHES, TEPLITZ, BREWSTER, BOSCOLA, SOLOBAY, COSTA, WARD AND SMITH, JANUARY 25, 2013
REFERRED TO JUDICIARY, JANUARY 25, 2013
1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, in falsification and intimidation, providing for
4the offenses of failure to comply with animal abuse
5registration requirements and of illegal use of animal abuse
6registry information; and, in sentencing, providing for
7animal abuse registry; and establishing the Animal Abuse
20(2) provide accurate information when registering under
142 Pa.C.S. § 9778.
3(1) Except as set forth in paragraph (2), an individual
4subject to registration under 42 Pa.C.S. § 9778(a) who
5commits a violation of subsection (a)(1) or (2) or a similar
6offense commits a felony of the third degree.
7(2) An individual subject to registration under 42
8Pa.C.S. § 9778(a) who commits a violation of subsection (a)
9(1) or (2) and who has previously been convicted of an
10offense under subsection (a)(1) or (2) or a similar offense
11commits a felony of the second degree.
12§ 7518. Illegal use of animal abuse registry information.
13(a) Offense defined.--Any individual who uses information
14obtained from the local animal abuse registry or the central
15animal abuse registry established under 42 Pa.C.S. § 9778
16(relating to animal abuse registry) to commit an offense under
17this title commits an offense under this section.
24Section 2. Title 42 is amended by adding a section to read:
25§ 9778. Animal abuse registry.
26(a) Registration required.--
30(i) Individuals convicted of any of the following
6(C) 18 Pa.C.S. § 5511(h.1).
16(iii) Individuals currently residing in this
17Commonwealth who have been convicted of offenses similar
18to the crimes cited in subparagraphs (i) and (ii), under
19the laws of the United States or one of its territories
20or possessions, another state, the District of Columbia,
21the Commonwealth of Puerto Rico or a foreign nation.
25(3) (i) An offender or repeat offender, following
26release from incarceration, upon parole from a
27correctional institution or upon commencement of
28immediate punishment or probation that results from a
29conviction for an offense listed under subsection (a)(1)
30(i), and who is located within the boundaries of this
5(ii) An offender or repeat offender who is currently
6registered in the county of the offender's previous
7location within this Commonwealth shall reregister with
8the county sheriff for the county in which the offender
9or repeat offender is now located no later than ten days
10after moving to the new location in this Commonwealth.
11(4) (i) Following the initial registration under this
12section, an offender shall annually renew the
13registration with the county sheriff prior to December 31
14of each subsequent calendar year for a period of ten
16(ii) Following the initial registration under this
17section, a repeat offender shall annually renew the
18registration with the county sheriff prior to December 31
19of each subsequent calendar year.
20(b) Information required.--
25(ii) Date of birth.
26(iii) Social Security number.
27(iv) Current address or location.
28(v) Place of employment.
17(1) In addition to any fines, fees or penalties levied
18or imposed as provided by law, each offender and repeat
19offender shall pay an annual registration fee of $50 when
20registering with the county sheriff.
24(d) Central and local registries.--
25(1) The county sheriff shall establish and maintain a
26local registry of offenders and repeat offenders in the
27sheriff's jurisdiction to be known as the local animal abuse
28registry. The sheriff shall be responsible for the following:
1(ii) Within ten days of receipt of an initial
2registration from an offender or repeat offender for the
3offender's or repeat offender's current place of
4residence, the county sheriff shall contact every
5residence, school, humane society, animal shelter and any
6other business within a half-mile radius of the
7offender's or repeat offender's residence or location and
8provide them with the registration information of the
9offender or repeat offender except for the Social
11(2) The Pennsylvania State Police shall establish and
12maintain a central registry of offenders and repeat offenders
13required to register under this section to be known as the
14central animal abuse registry. Information contained in the
15central animal abuse registry of offender's and repeat
16offenders shall be made available to the public through the
17Internet and telephone, by written access and in person. All
18of the information contained in an offender's or repeat
19offender's registration, with the exception of the Social
20Security number or any other information protected by law,
21shall be made available to the public. Records of each
22registration shall be maintained for the ten-year period that
23an offender is required to be registered. Records of each
24registration shall be maintained during the period that a
25repeat offender is required to be registered.
26(3) (i) It is hereby declared to be the finding of the
27General Assembly that the health and safety of animals
28that are at risk of abuse will be enhanced by making
29information about offenders and repeat offenders
30available to the public through the Internet and
1telephone, by written access and in person. Knowledge of
2whether a certain person is an offender or repeat
3offender can be a significant factor in protecting pets
4and animals from recidivist acts by offenders and repeat
5offenders. The technology afforded by the Internet would
6make this information readily accessible to the public
7enabling them to undertake appropriate remedial
8precautions. Public access to information about offenders
9and repeat offenders is intended solely as a means of
10protection for the pets and animals of the public that
11are at risk of abuse and shall not be construed as
1calendar year or terminates employment; or
5(3) Specifically inform the offender or repeat offender
6of the duty to register with a new law enforcement agency if
7the offender or repeat offender moves to another state no
8later than ten days after establishing residence in another
9state and if the state requires such registration.
10(4) Specifically inform the offender or repeat offender
11of the duty to register with the appropriate authorities in
12any state in which the offender or repeat offender is
13employed, carries on a vocation or is a student if the state
14requires such registration.
15(5) Require the offender or repeat offender to read and
16sign a form stating that the duty to register under this
17section has been provided in writing and has been explained.
18Where the offender or repeat offender is incapable of
19reading, the court shall certify the duty to register was
20explained to the offender or repeat offender and the offender
21or repeat offender indicated an understanding of the duty.
22(f) Animal Abuse Registry Fund.--
23(1) The Animal Abuse Registry Fund is established in the
24State Treasury as a restricted account and shall be used
25exclusively for funding the administration of this section by
26county sheriffs and the Pennsylvania State Police.
27(2) Up to 65% of the moneys in the fund shall be payable
28to a county to fund the county sheriff's establishment and
29administration of the local animal abuse registry pursuant to
1(3) Up to 35% of the moneys in the fund shall be payable
2to the Pennsylvania State Police to fund its establishment
3and administration of the central animal abuse registry
4pursuant to subsection (d)(2).
13(3) District attorneys and their agents and employees.
18(h) Photographs and fingerprinting.--An individual subject
19to subsection (a)(1) or (2) shall submit to photographing and
20fingerprinting as required by this section at locations
21designated by the county sheriff. Fingerprinting as required by
22this section shall, at a minimum, require submission of a full
23set of fingerprints. Photographing as required by this section
24shall, at a minimum, require submission to photographs of the
25face and any tattoos, scars or other distinguishing features on
26the offender's or repeat offender's body that would assist in
27identifying the individual. Fingerprints and photographs
28obtained under this section may be maintained for use under this
29section and for general law enforcement purposes.
30(i) Civil liability for information misuse.--When an
1individual or a group of individuals is engaged in a pattern or
2practice of misuse of information in violation of subsection (d)
3(3) that was obtained from the central animal abuse registry or
4local animal abuse registry, or both, any individual aggrieved
5by the misuse may, in any court of competent jurisdiction,
6obtain appropriate relief, including injunctive relief.
10"Correctional institution." A State correctional institution
11or local correctional facility located in this Commonwealth or
12an equivalent correctional institution owned or operated by the
13United States or one of its territories, another state, the
14Commonwealth of Puerto Rico or a foreign nation.
29Section 3. This act shall take effect in 60 days.