PRINTER'S NO. 3971
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2383
Session of
2015
INTRODUCED BY STEPHENS, SANTARSIERO, W. KELLER, GREINER, ROZZI,
DEAN, FREEMAN, SCHLOSSBERG, WATSON, READSHAW, KAUFFMAN,
O'BRIEN, GERGELY, JAMES, BURNS, FARRY, A. HARRIS, MILLARD,
SAINATO, STAATS, GIBBONS, DEASY, MURT, D. COSTA, ELLIS,
GROVE, SCHWEYER, DeLUCA AND MILNE, OCTOBER 3, 2016
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 3, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, further providing for the offense of
cruelty to animals and for live animals as prizes prohibited;
and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 55 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter heading
to read:
SUBCHAPTER A
DEFINITION OF OFFENSES GENERALLY
Section 2. Section 5511 of Title 18 is repealed:
[§ 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
animals, etc.--
(1) A person commits a misdemeanor of the second degree
if he willfully and maliciously:
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(i) Kills, maims or disfigures any domestic animal
of another person or any domestic fowl of another person.
(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any domestic animal of another person or domestic fowl of
another person.
(iii) Harasses, annoys, injures, attempts to injure,
molests or interferes with a dog guide for an individual
who is blind, a hearing dog for an individual who is deaf
or audibly impaired or a service dog for an individual
who is physically limited.
Any person convicted of violating the provisions of this
paragraph shall be sentenced to pay a fine of not less than
$500.
(2) A person commits a felony of the third degree if he
willfully and maliciously:
(i) Kills, maims or disfigures any zoo animal in
captivity.
(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any zoo animal in captivity.
(2.1) (i) A person commits a misdemeanor of the first
degree if he willfully and maliciously:
(A) Kills, maims, mutilates, tortures or
disfigures any dog or cat, whether belonging to
himself or otherwise. If a person kills, maims,
mutilates, tortures or disfigures a dog guide for an
individual who is blind, a hearing dog for an
individual who is deaf or audibly impaired or a
service dog for an individual who is physically
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limited, whether belonging to the individual or
otherwise, that person, in addition to any other
applicable penalty, shall be required to make
reparations for veterinary costs in treating the dog
and, if necessary, the cost of obtaining and training
a replacement dog.
(B) Administers poison to or exposes any
poisonous substance with the intent to administer
such poison to any dog or cat, whether belonging to
himself or otherwise.
(ii) Any person convicted of violating the
provisions of this paragraph shall be sentenced to pay a
fine of not less than $1,000 or to imprisonment for not
more than two years, or both. The court may also order a
presentence mental evaluation. A subsequent conviction
under this paragraph shall be a felony of the third
degree. This paragraph shall apply to dogs and cats only.
(iii) The killing of a dog or cat by the owner of
that animal is not malicious if it is accomplished in
accordance with the act of December 22, 1983 (P.L.303,
No.83), referred to as the Animal Destruction Method
Authorization Law.
(3) This subsection shall not apply to:
(i) the killing of any animal taken or found in the
act of actually destroying any domestic animal or
domestic fowl;
(ii) the killing of any animal or fowl pursuant to
the act of June 3, 1937 (P.L.1225, No.316), known as The
Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
dogs public nuisances) and 2385 (relating to destruction
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of dogs declared public nuisances), or the regulations
promulgated thereunder; or
(iii) such reasonable activity as may be undertaken
in connection with vermin control or pest control.
(a.1) Guide dogs.--
(1) A person commits a misdemeanor of the third degree
if he is the owner or co-owner of a dog that kills, maims or
disfigures a guide dog of an individual who is blind, a
hearing dog of an individual who is deaf or audibly impaired
or a service dog of an individual who is physically limited
without provocation by the guide, hearing or service dog or
the individual.
(2) A person commits an offense under this subsection
only if the person knew or should have known that the dog he
owns or co-owns had a propensity to attack human beings or
domestic animals without provocation and the owner or co-
owner knowingly or recklessly failed to restrain the dog or
keep the dog in a contained, secure manner.
(3) Any person convicted of violating the provisions of
this subsection shall be sentenced to pay a fine of not more
than $5,000 and shall be ordered to make reparations for
veterinary costs in treating the guide, hearing or service
dog and, if necessary, the cost of obtaining and training a
replacement guide, hearing or service dog.
(a.2) Civil penalty and restitution.--
(1) A person who is the owner or co-owner of a dog that
kills, maims or disfigures a guide dog of an individual who
is blind, a hearing dog of an individual who is deaf or
audibly impaired or a service dog of an individual who is
physically limited shall be subject to paragraph (2) if all
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of the following apply:
(i) The owner or co-owner knew the dog had a
propensity to attack human beings or domestic animals.
(ii) The owner or co-owner failed to restrain the
dog or keep the dog in a contained, secure manner.
(2) A court of common pleas may impose any of the
following upon any person who is the owner or co-owner of a
dog under paragraph (1):
(i) A civil penalty of up to $15,000.
(ii) Reparations for veterinary costs in treating
the guide, hearing or service dog and, if necessary, the
cost of retraining the dog or of obtaining and training a
replacement guide, hearing or service dog.
(iii) Loss of income for the time the individual is
unable to work due to the unavailability of the guide,
hearing or service dog.
(b) Regulating certain actions concerning fowl or rabbits.--
A person commits a summary offense if he sells, offers for sale,
barters, or gives away baby chickens, ducklings, or other fowl,
under one month of age, or rabbits under two months of age, as
pets, toys, premiums or novelties or if he colors, dyes, stains
or otherwise changes the natural color of baby chickens,
ducklings or other fowl, or rabbits or if he brings or
transports the same into this Commonwealth. This section shall
not be construed to prohibit the sale or display of such baby
chickens, ducklings, or other fowl, or such rabbits, in proper
facilities by persons engaged in the business of selling them
for purposes of commercial breeding and raising.
(c) Cruelty to animals.--
(1) A person commits an offense if he wantonly or
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cruelly illtreats, overloads, beats, otherwise abuses any
animal, or neglects any animal as to which he has a duty of
care, whether belonging to himself or otherwise, or abandons
any animal, or deprives any animal of necessary sustenance,
drink, shelter or veterinary care, or access to clean and
sanitary shelter which will protect the animal against
inclement weather and preserve the animal's body heat and
keep it dry.
(2) (i) Except as provided in subparagraph (ii), a
person convicted of violating paragraph (1) commits a
summary offense.
(ii) A person convicted for a second or subsequent
time of violating paragraph (1) commits a misdemeanor of
the third degree if all of the following occurred:
(A) The action or omission for which the person
was convicted for a subsequent time was performed on
a dog or cat.
(B) The dog or cat was seriously injured,
suffered severe physical distress or was placed at
imminent risk of serious physical harm as the result
of the person's action or omission.
(3) This subsection shall not apply to activity
undertaken in normal agricultural operation.
(d) Selling or using disabled horse.--A person commits a
summary offense if he offers for sale or sells any horse, which
by reason of debility, disease or lameness, or for other cause,
could not be worked or used without violating the laws against
cruelty to animals, or leads, rides, drives or transports any
such horse for any purpose, except that of conveying the horse
to the nearest available appropriate facility for its humane
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keeping or destruction or for medical or surgical treatment.
(e) Transporting animals in cruel manner.--A person commits
a summary offense if he carries, or causes, or allows to be
carried in or upon any cart, or other vehicle whatsoever, any
animal in a cruel or inhumane manner. The person taking him into
custody may take charge of the animal and of any such vehicle
and its contents, and deposit the same in some safe place of
custody, and any necessary expenses which may be incurred for
taking charge of and keeping the same, and sustaining any such
animal, shall be a lien thereon, to be paid before the same can
lawfully be recovered, or the said expenses or any part thereof
remaining unpaid may be recovered by the person incurring the
same from the owner of said creature in any action therefor.
For the purposes of this section, it shall not be deemed
cruel or inhumane to transport live poultry in crates so long as
not more than 15 pounds of live poultry are allocated to each
cubic foot of space in the crate.
(e.1) Transporting equine animals in cruel manner.--
Notwithstanding any other provision of law, a person commits a
summary offense for each equine animal if the person carries, or
causes or allows to be carried, any equine animal in or upon any
conveyance or other vehicle whatsoever with two or more levels
stacked on top of one another. A person who violates this
subsection on a second or subsequent occasion commits a
misdemeanor of the third degree for each equine animal
transported.
(f) Hours of labor of animals.--A person commits a summary
offense if he leads, drives, rides or works or causes or permits
any other person to lead, drive, ride or work any horse, mare,
mule, ox, or any other animal, whether belonging to himself or
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in his possession or control, for more than 15 hours in any 24
hour period, or more than 90 hours in any one week.
Nothing in this subsection contained shall be construed to
warrant any persons leading, driving, riding or walking any
animal a less period than 15 hours, when so doing shall in any
way violate the laws against cruelty to animals.
(g) Cruelty to cow to enhance appearance of udder.--A person
commits a summary offense if he kneads or beats or pads the
udder of any cow, or willfully allows it to go unmilked for a
period of 24 hours or more, for the purpose of enhancing the
appearance or size of the udder of said cow, or by a muzzle or
any other device prevents its calf, if less than six weeks old,
from obtaining nourishment, and thereby relieving the udder of
said cow, for a period of 24 hours.
(h) Specific violations; prima facie evidence of
violation.--
(1) (i) A person commits a summary offense if the
person crops, trims or cuts off, or causes or procures to
be cropped, trimmed or cut off, the whole or part of the
ear or ears of a dog.
(ii) The provisions of this paragraph shall not
prevent a veterinarian from cropping, trimming or cutting
off the whole or part of the ear or ears of a dog when
the dog is anesthetized and shall not prevent any person
from causing or procuring the cropping, trimming or
cutting off of a dog's ear or ears by a veterinarian.
(iii) The possession by any person of a dog with an
ear or ears cropped, trimmed or cut off and with the
wound or incision site resulting therefrom unhealed, or
any such dog being found in the charge or custody of any
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person or confined upon the premises owned by or under
the control of any person, shall be prima facie evidence
of a violation of this subsection by the person except as
provided for in this subsection.
(iv) A person who procures the cropping, trimming or
cutting off of the whole or part of an ear or ears of a
dog shall record the procedure. The record shall include
the name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during
that period of time.
(2) (i) A person commits a summary offense if the
person debarks a dog by cutting, causing or procuring the
cutting of its vocal cords or by altering, causing or
procuring the alteration of any part of its resonance
chamber.
(ii) The provisions of this paragraph shall not
prevent a veterinarian from cutting the vocal cords or
otherwise altering the resonance chamber of a dog when
the dog is anesthetized and shall not prevent a person
from causing or procuring a debarking procedure by a
veterinarian.
(iii) The possession by any person of a dog with the
vocal cords cut or the resonance chamber otherwise
altered and with the wound or incision site resulting
therefrom unhealed, or any such dog being found in the
charge or custody of any person or confined upon the
premises owned by or under the control of any person,
shall be prima facie evidence of a violation of this
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paragraph by the person, except as provided in this
paragraph.
(iv) A person who procures the cutting of vocal
cords or the alteration of the resonance chamber of a dog
shall record the procedure. The record shall include the
name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during
that period of time.
(3) (i) A person commits a summary offense if the
person docks, cuts off, causes or procures the docking or
cutting off of the tail of a dog over five days old.
(ii) The provisions of this paragraph shall not
prevent a veterinarian from docking, cutting off or
cropping the whole or part of the tail of a dog when the
dog is at least 12 weeks of age and the procedure is
performed using general anesthesia and shall not prevent
a person from causing or procuring the cutting off or
docking of a tail of a dog by a veterinarian as provided
in this paragraph.
(iii) The provisions of this section shall not
prevent a veterinarian from surgically removing, docking,
cutting off or cropping the tail of a dog between five
days and 12 weeks of age if, in the veterinarian's
professional judgment, the procedure is medically
necessary for the health and welfare of the dog. If the
procedure is performed, it shall be done in accordance
with generally accepted standards of veterinary practice.
(iv) The possession by any person of a dog with a
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tail cut off or docked and with the wound or incision
site resulting therefrom unhealed, or any such dog being
found in the charge or custody of any person or confined
upon the premises owned by or under the control of any
person, shall be prima facie evidence of a violation of
this paragraph by the person, except as provided in this
paragraph.
(v) A person who procures the cutting off or docking
of a tail of a dog shall record the procedure. The record
shall include the name of the attending veterinarian and
the date and location at which the procedure was
performed. The record shall be kept as long as the wound
or incision site is unhealed and shall be transferred
with the dog during that period of time.
(4) (i) A person commits a summary offense if the
person surgically births or causes or procures a surgical
birth.
(ii) The provisions of this section shall not
prevent a veterinarian from surgically birthing a dog
when the dog is anesthetized and shall not prevent any
person from causing or procuring a surgical birthing by a
veterinarian.
(iii) The possession by any person of a dog with a
wound or incision site resulting from a surgical birth
unhealed, or any such dog being found in the charge or
custody of any person or confined upon the premises owned
by or under the control of any person, shall be prima
facie evidence of a violation of this paragraph by the
person, except as provided in this paragraph.
(iv) A person who procures the surgical birth of a
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dog shall record the procedure. The record shall include
the name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during
that period of time.
(v) This paragraph shall not apply to personnel
required to comply with standards to minimize pain to an
animal set forth in section 2143(a)(3) of the Animal
Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.),
trained in accordance with section 2143(d) of the Animal
Welfare Act, who work in a federally registered research
facility required to comply with the Animal Welfare Act
under the guidance or oversight of a veterinarian.
(5) (i) A person commits a summary offense if the
person cuts off or causes or procures the cutting off of
the dewclaw of a dog over five days old.
(ii) The provisions of this paragraph shall not
prevent a veterinarian from cutting the dewclaw and shall
not prevent a person from causing or procuring the
procedure by a veterinarian.
(iii) The possession by any person of a dog with the
dewclaw cut off and with the wound or incision site
resulting therefrom unhealed, or any such dog being found
in the charge or custody of any person or confined upon
the premises owned by or under the control of any person,
shall be prima facie evidence of a violation of this
paragraph by the person, except as provided in this
paragraph.
(iv) A person who procures the cutting off of the
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dewclaw of a dog shall record the procedure. The record
shall include the name of the attending veterinarian and
the date and location at which the procedure was
performed. The record shall be kept as long as the wound
or incision site is unhealed and shall be transferred
with the dog during that period of time.
(h.1) Animal fighting.--A person commits a felony of the
third degree if he:
(1) for amusement or gain, causes, allows or permits any
animal to engage in animal fighting;
(2) receives compensation for the admission of another
person to any place kept or used for animal fighting;
(3) owns, possesses, keeps, trains, promotes, purchases,
steals or acquires in any manner or knowingly sells any
animal for animal fighting;
(4) in any way knowingly encourages, aids or assists
therein;
(5) wagers on the outcome of an animal fight;
(6) pays for admission to an animal fight or attends an
animal fight as a spectator; or
(7) knowingly permits any place under his control or
possession to be kept or used for animal fighting.
This subsection shall not apply to activity undertaken in a
normal agricultural operation.
(h.2) Possession of animal fighting paraphernalia.--In
addition to any other penalty provided by law, a person commits
a misdemeanor of the third degree if he knowingly owns or
possesses animal fighting paraphernalia.
(i) Power to initiate criminal proceedings.--An agent of any
society or association for the prevention of cruelty to animals,
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incorporated under the laws of the Commonwealth, shall have the
same powers to initiate criminal proceedings provided for police
officers by the Pennsylvania Rules of Criminal Procedure. An
agent of any society or association for the prevention of
cruelty to animals, incorporated under the laws of this
Commonwealth, shall have standing to request any court of
competent jurisdiction to enjoin any violation of this section.
(j) Seizure of animals kept or used for animal fighting.--
Any police officer or agent of a society or association for the
prevention of cruelty to animals incorporated under the laws of
this Commonwealth, shall have power to seize any animal kept,
used, or intended to be used for animal fighting. When the
seizure is made, the animal or animals so seized shall not be
deemed absolutely forfeited, but shall be held by the officer or
agent seizing the same until a conviction of some person is
first obtained for a violation of subsection (h.1) or forfeiture
is obtained under the act of July 9, 2013 (P.L.263, No.50),
known as the Costs of Care of Seized Animals Act. The officer or
agent making such seizure shall make due return to the issuing
authority, of the number and kind of animals or creatures so
seized by him. Where an animal is thus seized, the police
officer or agent is authorized to provide such care as is
reasonably necessary, and where any animal thus seized is found
to be disabled, injured or diseased beyond reasonable hope of
recovery, the police officer or agent is authorized to provide
for the humane destruction of the animal. In addition to any
other penalty provided by law, the authority imposing sentence
upon a conviction for any violation of subsection (h.1) shall
order the forfeiture or surrender of any abused, neglected or
deprived animal of the defendant to any society or association
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for the prevention of cruelty to animals duly incorporated under
the laws of this Commonwealth and shall require that the owner
pay the cost of the keeping, care and destruction of the animal.
(k) Killing homing pigeons.--A person commits a summary
offense if he shoots, maims or kills any antwerp or homing
pigeon, either while on flight or at rest, or detains or entraps
any such pigeon which carries the name of its owner.
(l) Search warrants.--Where a violation of this section is
alleged, any issuing authority may, in compliance with the
applicable provisions of the Pennsylvania Rules of Criminal
Procedure, issue to any police officer or any agent of any
society or association for the prevention of cruelty to animals
duly incorporated under the laws of this Commonwealth a search
warrant authorizing the search of any building or any enclosure
in which any violation of this section is occurring or has
occurred, and authorizing the seizure of evidence of the
violation including, but not limited to, the animals which were
the subject of the violation. Where an animal thus seized is
found to be neglected or starving, the police officer or agent
is authorized to provide such care as is reasonably necessary,
and where any animal thus seized is found to be disabled,
injured or diseased beyond reasonable hope of recovery, the
police officer or agent is authorized to provide for the humane
destruction of the animal. The cost of the keeping, care and
destruction of the animal shall be paid by the owner thereof and
claims for the costs shall constitute a lien upon the animal. In
addition to any other penalty provided by law, the authority
imposing sentence upon a conviction for any violation of this
section may require that the owner pay the cost of the keeping,
care and destruction of the animal. No search warrant shall be
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issued based upon an alleged violation of this section which
authorizes any police officer or agent or other person to enter
upon or search premises where scientific research work is being
conducted by, or under the supervision of, graduates of duly
accredited scientific schools or where biological products are
being produced for the care or prevention of disease.
(m) Forfeiture.--In addition to any other penalty provided
by law, the authority imposing sentence upon a conviction for
any violation of this section may order the forfeiture or
surrender of any abused, neglected or deprived animal of the
defendant to any society or association for the prevention of
cruelty to animals duly incorporated under the laws of this
Commonwealth.
(m.1) Fine for summary offense.--In addition to any other
penalty provided by law, a person convicted of a summary offense
under this section shall pay a fine of not less than $50 nor
more than $750 or to imprisonment for not more than 90 days, or
both.
(m.2) Prohibition of ownership.--Notwithstanding any
provision of law and in addition to any other penalty provided
by law, the authority imposing sentence upon a conviction for
any violation of this section may order the prohibition or
limitation of the defendant's ownership, possession, control or
custody of animals or employment with the care of animals for a
period of time not to exceed the statutory maximum term of
imprisonment applicable to the offense for which sentence is
being imposed.
(n) Skinning of and selling or buying pelts of dogs and
cats.--A person commits a summary offense if he skins a dog or
cat or offers for sale or exchange or offers to buy or exchange
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the pelt or pelts of any dog or cat.
(o) Representation of humane society by attorney.--Upon
prior authorization and approval by the district attorney of the
county in which the proceeding is held, an association or agent
may be represented in any proceeding under this section by any
attorney admitted to practice before the Supreme Court of
Pennsylvania and in good standing. Attorney's fees shall be
borne by the humane society or association which is represented.
(o.1) Construction of section.--The provisions of this
section shall not supersede the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law.
(p) Applicability of section.--This section shall not apply
to, interfere with or hinder any activity which is authorized or
permitted pursuant to the act of June 3, 1937 (P.L.1225,
No.316), known as The Game Law or Title 34 (relating to game).
(q) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Animal fighting." Fighting or baiting any bull, bear, dog,
cock or other creature.
"Animal fighting paraphernalia." Any device, implement,
object or drug used or intended to be used for animal fighting,
to train an animal for animal fighting or in furtherance of
animal fighting. In determining whether an object is animal
fighting paraphernalia, a court or other authority should
consider statements by an owner or by anyone in control of the
object concerning its use, any prior convictions under Federal
or State law relating to animal fighting, the proximity of the
object in time and space to the direct violation of this
section, direct or circumstantial evidence of the intent of the
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accused to deliver the object to persons whom he or she knows or
should reasonably know intends to use the object to facilitate a
violation of this section, oral or written instructions provided
with or in the vicinity of the object concerning its use,
descriptive materials accompanying the object which explain or
depict its use and all other logically relevant factors.
"Audibly impaired." The inability to hear air conduction
thresholds at an average of 40 decibels or greater in the better
ear.
"Blind." Having a visual acuity of 20/200 or less in the
better eye with correction or having a limitation of the field
of vision such that the widest diameter of the visual field
subtends an angular distance not greater than 20 degrees.
"Conveyance." A truck, tractor, trailer or semitrailer, or
any combination of these, propelled or drawn by mechanical
power.
"Deaf." Totally impaired hearing or hearing with or without
amplification which is so seriously impaired that the primary
means of receiving spoken language is through other sensory
input, including, but not limited to, lip reading, sign
language, finger spelling or reading.
"Domestic animal." Any dog, cat, equine animal, bovine
animal, sheep, goat or porcine animal.
"Domestic fowl." Any avis raised for food, hobby or sport.
"Equine animal." Any member of the Equidae family, which
includes horses, asses, mules, ponies and zebras.
"Normal agricultural operation." Normal activities,
practices and procedures that farmers adopt, use or engage in
year after year in the production and preparation for market of
poultry, livestock and their products in the production and
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harvesting of agricultural, agronomic, horticultural,
silvicultural and aquicultural crops and commodities.
"Physically limited." Having limited ambulation, including,
but not limited to, a temporary or permanent impairment or
condition that causes an individual to use a wheelchair or walk
with difficulty or insecurity, affects sight or hearing to the
extent that an individual is insecure or exposed to danger,
causes faulty coordination or reduces mobility, flexibility,
coordination or perceptiveness.
"Zoo animal." Any member of the class of mammalia, aves,
amphibia or reptilia which is kept in a confined area by a
public body or private individual for purposes of observation by
the general public.]
Section 3. Section 5511.1 of Title 18 is amended by adding a
subsection to read:
§ 5511.1. Live animals as prizes prohibited.
* * *
(a.1) Regulating certain actions concerning fowl or
rabbits.--No person shall sell, offer for sale, barter or give
away baby chickens, ducklings or other fowl under one month of
age or rabbits under two months of age as pets, toys, premiums
or novelties or color, dye, stain or otherwise change the
natural color of baby chickens, ducklings or other fowl or
rabbits or bring or transport the same into this Commonwealth.
This subsection shall not be construed to prohibit the sale or
display of baby chickens, ducklings or other fowl or rabbits in
proper facilities by persons engaged in the business of selling
them for purposes of commercial breeding and raising.
* * *
Section 4. Chapter 55 of Title 18 is amended by adding a
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subchapter to read:
SUBCHAPTER B
CRUELTY TO ANIMALS
Sec.
5531. Definitions.
5532. Neglect of animal.
5533. Cruel treatment of animal.
5534. Aggravated cruelty to animals.
5535. Attack of guide dog.
5536. Selling or using disabled horse.
5537. Transporting animals in cruel manner.
5538. Transporting equine animals in cruel manner.
5539. Hours of labor of animals.
5540. Cruelty to cow to enhance appearance of udder.
5541. Animal mutilation and related offenses.
5542. Animal fighting.
5543. Possession of animal fighting paraphernalia.
5544. Killing homing pigeons.
5545. Skinning of and selling or buying pelts of dogs and cats.
5546. Fine and term of imprisonment for summary offense.
5547. Power to initiate criminal proceedings.
5548. Seizure of animals kept or used for animal fighting.
5549. Search warrants.
5550. Forfeiture.
5551. Prohibition of ownership.
5552. Representation of humane society by attorney.
5553. Construction of subchapter.
5554. Nonapplicability of subchapter.
§ 5531. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Animal." Every living creature, domestic or wild, but does
not include man.
"Animal fighting." Fighting or baiting any bull, bear, dog,
cock or other creature.
"Animal fighting paraphernalia." Any device, implement,
object or drug used or intended to be used for animal fighting,
to train an animal for animal fighting or in furtherance of
animal fighting. In determining whether an object is animal
fighting paraphernalia, a court or other authority should
consider the following:
(1) Statements by an owner or by anyone in control of
the object concerning its use.
(2) Any prior convictions under Federal or State law
relating to animal fighting.
(3) The proximity of the object in time and space to the
direct violation of this subchapter.
(4) Direct or circumstantial evidence of the intent of
the accused to deliver the object to persons whom he or she
knows or should reasonably know intends to use the object to
facilitate a violation of this subchapter.
(5) Oral or written instructions provided with or in the
vicinity of the object concerning its use.
(6) Descriptive materials accompanying the object which
explain or depict its use.
(7) All other logically relevant factors.
"Audibly impaired." The inability to hear air conduction
thresholds at an average of 40 decibels or greater in the better
ear.
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"Blind." Having a visual acuity of 20/200 or less in the
better eye with correction or having a limitation of the field
of vision such that the widest diameter of the visual field
subtends an angular distance not greater than 20 degrees.
"Bodily injury." Impairment of physical condition or
substantial pain.
"Conveyance." A truck, tractor, trailer or semitrailer, or
any combination of these, propelled or drawn by mechanical
power.
"Deaf." Totally impaired hearing or hearing with or without
amplification which is so seriously impaired that the primary
means of receiving spoken language is through other sensory
input, including, but not limited to, lip reading, sign
language, finger spelling or reading.
"Domestic animal." Any dog, cat, equine animal, bovine
animal, sheep, goat or porcine animal.
"Domestic fowl." Any avis raised for food, hobby or sport.
"Equine animal." Any member of the Equidae family, which
includes horses, asses, mules, ponies and zebras.
"Normal agricultural operation." Normal activities,
practices and procedures that farmers adopt, use or engage in
year after year in the production and preparation for market of
poultry, livestock and their products in the production and
harvesting of agricultural, agronomic, horticultural,
silvicultural and aquicultural crops and commodities.
"Owner." A person who:
(1) has a right of property in an animal;
(2) keeps or harbors an animal;
(3) has an animal in his care; or
(4) acts as custodian of an animal.
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"Person." An individual, including a minor, firm,
corporation, partnership, other business unit, society,
association or other legal entity, any public or private
institution, the Commonwealth or any municipal corporation or
political subdivision of the Commonwealth.
"Physically limited." Having limited ambulation, including,
but not limited to, a temporary or permanent impairment or
condition that causes an individual to use a wheelchair or walk
with difficulty or insecurity, affects sight or hearing to the
extent that an individual is insecure or exposed to danger,
causes faulty coordination or reduces mobility, flexibility,
coordination or perceptiveness.
"Serious bodily injury." Bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.
"Torture." Any of the following acts directed toward or
against an animal unless directed to be performed by a licensed
veterinarian:
(1) Breaking, severing or severely impairing limbs.
(2) Inflicting severe and prolonged pain from burning,
crushing or wounding.
(3) Causing or allowing, through prolonged deprivation
of food or sustenance, the loss of more than one-third of an
animal's normal body mass without veterinary care.
§ 5532. Neglect of animal.
(a) Duties of owner.--An owner commits an offense if the
owner fails to provide any of the following for each animal of
the owner:
(1) A sufficient quantity of any commercially available
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food prepared for the species or other good quality,
wholesome food and potable water.
(2) Adequate shelter and protection from the weather.
The shelter must be sufficient in size and material to permit
the animal to retain its body heat and keep the animal dry.
(3) Veterinary care when needed to prevent suffering.
(b) Penalty.--
(1) Except as set forth in paragraph (2), a person who
violates this section commits a summary offense.
(2) If the violation causes bodily injury to the animal:
(i) For a first offense, a person commits a
misdemeanor of the second degree.
(ii) For a second or subsequent offense, a person
commits a misdemeanor of the first degree.
§ 5533. Cruel treatment of animal.
(a) Offense defined.--A person commits an offense if he
wantonly or cruelly illtreats, overloads, beats, abandons or
abuses an animal, and such treatment results in bodily harm to
the animal.
(b) Penalties.--A person convicted of violating this section
commits a misdemeanor of the second degree for a first offense.
A second or subsequent offense under this section is a
misdemeanor of the first degree.
§ 5534. Aggravated cruelty to animals.
(a) Offense defined.--A person commits the crime of
aggravated cruelty to animals if the person intentionally does
any of the following:
(1) Tortures an animal.
(2) Violates section 5532 (relating to neglect of
animal) or 5533 (relating to cruel treatment of animal)
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resulting in serious bodily injury to the animal or the death
of the animal.
(b) Grading.--A violation of this section is a felony of the
third degree.
§ 5535. Attack of guide dog.
(a) Offense defined.--A person commits a misdemeanor of the
third degree if he is the owner or co-owner of a dog that kills,
maims or disfigures a guide dog of an individual who is blind, a
hearing dog of an individual who is deaf or audibly impaired or
a service dog of an individual who is physically limited without
provocation by the guide, hearing or service dog or the
individual.
(b) Culpability.--A person commits an offense under this
section only if the person knew or should have known that the
dog he owns or co-owns had a propensity to attack human beings
or domestic animals without provocation and the owner or co-
owner knowingly or recklessly failed to restrain the dog or keep
the dog in a contained, secure manner.
(c) Penalty.--Any person convicted of violating this section
shall be sentenced to pay a fine of not more than $5,000 and
shall be ordered to make reparations for veterinary costs in
treating the guide, hearing or service dog and, if necessary,
the cost of obtaining and training a replacement guide, hearing
or service dog.
(d) Civil penalty and restitution.--
(1) A person who is the owner or co-owner of a dog that
kills, maims or disfigures a guide dog of an individual who
is blind, a hearing dog of an individual who is deaf or
audibly impaired or a service dog of an individual who is
physically limited shall be subject to paragraph (2) if both
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of the following apply:
(i) The owner or co-owner knew the dog had a
propensity to attack human beings or domestic animals.
(ii) The owner or co-owner failed to restrain the
dog or keep the dog in a contained, secure manner.
(2) A court of common pleas may impose any of the
following upon any person who is the owner or co-owner of a
dog under paragraph (1):
(i) A civil penalty of up to $15,000.
(ii) Reparations for veterinary costs in treating
the guide, hearing or service dog and, if necessary, the
cost of retraining the dog or of obtaining and training a
replacement guide, hearing or service dog.
(iii) Loss of income for the time the individual is
unable to work due to the unavailability of the guide,
hearing or service dog.
§ 5536. Selling or using disabled horse.
A person commits a summary offense if he offers for sale or
sells any horse, which by reason of debility, disease or
lameness, or for other cause, could not be worked or used
without violating the laws against cruelty to animals, or leads,
rides, drives or transports any such horse for any purpose,
except that of conveying the horse to the nearest available
appropriate facility for its humane keeping or destruction or
for medical or surgical treatment.
§ 5537. Transporting animals in cruel manner.
(a) Offense defined.--A person commits a summary offense if
he carries, or causes or allows to be carried, in or upon any
cart or other vehicle whatsoever any animal in a cruel or
inhumane manner. The person taking him into custody may take
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charge of the animal and of any such vehicle and its contents,
and deposit the same in some safe place of custody, and any
necessary expenses which may be incurred for taking charge of
and keeping the same, and sustaining any such animal, shall be a
lien thereon, to be paid before the same can lawfully be
recovered, or the expenses or any part thereof remaining unpaid
may be recovered by the person incurring the same from the owner
of the creature in any action therefor.
(b) Exception.--For the purposes of this section, it shall
not be deemed cruel or inhumane to transport live poultry in
crates so long as not more than 15 pounds of live poultry are
allocated to each cubic foot of space in the crate.
§ 5538. Transporting equine animals in cruel manner.
Notwithstanding any other provision of law, a person commits
a summary offense for each equine animal if the person carries,
or causes or allows to be carried, any equine animal in or upon
any conveyance or other vehicle whatsoever with two or more
levels stacked on top of one another. A person who violates this
section on a second or subsequent occasion commits a misdemeanor
of the third degree for each equine animal transported.
§ 5539. Hours of labor of animals.
(a) Offense defined.--A person commits a summary offense if
he leads, drives, rides or works or causes or permits any other
person to lead, drive, ride or work any horse, mare, mule, ox or
any other animal, whether belonging to himself or in his
possession or control, for more than 15 hours in any 24-hour
period or more than 90 hours in any one week.
(b) Construction.--Nothing in this section contained shall
be construed to warrant any persons leading, driving, riding or
walking any animal a period less than 15 hours, when doing so
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shall in any way violate the laws against cruelty to animals.
§ 5540. Cruelty to cow to enhance appearance of udder.
A person commits a summary offense if he kneads or beats or
pads the udder of any cow, or willfully allows it to go unmilked
for a period of 24 hours or more, for the purpose of enhancing
the appearance or size of the udder of the cow, or by a muzzle
or any other device prevents its calf, if less than six weeks
old, from obtaining nourishment, and thereby relieving the udder
of the cow, for a period of 24 hours.
§ 5541. Animal mutilation and related offenses.
(a) Cropping of ear.--The following apply:
(1) A person commits a summary offense if the person
crops, trims or cuts off, or causes or procures to be
cropped, trimmed or cut off, the whole or part of the ear or
ears of a dog.
(2) The provisions of this subsection shall not prevent
a veterinarian from cropping, trimming or cutting off the
whole or part of the ear or ears of a dog when the dog is
anesthetized and shall not prevent any person from causing or
procuring the cropping, trimming or cutting off of a dog's
ear or ears by a veterinarian.
(3) The possession by any person of a dog with an ear or
ears cropped, trimmed or cut off and with the wound or
incision site resulting therefrom unhealed, or any such dog
being found in the charge or custody of any person or
confined upon the premises owned by or under the control of
any person, shall be prima facie evidence of a violation of
this subsection by the person except as provided for in this
subsection.
(4) A person who procures the cropping, trimming or
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cutting off of the whole or part of an ear or ears of a dog
shall record the procedure. The record shall include the name
of the attending veterinarian and the date and location at
which the procedure was performed. The record shall be kept
as long as the wound or incision site is unhealed and shall
be transferred with the dog during that period of time.
(b) Debarking.--The following apply:
(1) A person commits a summary offense if the person
debarks a dog by cutting, causing or procuring the cutting of
its vocal cords or by altering, causing or procuring the
alteration of any part of its resonance chamber.
(2) The provisions of this subsection shall not prevent
a veterinarian from cutting the vocal cords or otherwise
altering the resonance chamber of a dog when the dog is
anesthetized and shall not prevent a person from causing or
procuring a debarking procedure by a veterinarian.
(3) The possession by any person of a dog with the vocal
cords cut or the resonance chamber otherwise altered and with
the wound or incision site resulting therefrom unhealed, or
any such dog being found in the charge or custody of any
person or confined upon the premises owned by or under the
control of any person, shall be prima facie evidence of a
violation of this subsection by the person, except as
provided in this subsection.
(4) A person who procures the cutting of vocal cords or
the alteration of the resonance chamber of a dog shall record
the procedure. The record shall include the name of the
attending veterinarian and the date and location at which the
procedure was performed. The record shall be kept as long as
the wound or incision site is unhealed and shall be
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transferred with the dog during that period of time.
(c) Docking of tail.--The following apply:
(1) A person commits a summary offense if the person
docks, cuts off, causes or procures the docking or cutting
off of the tail of a dog over five days old.
(2) The provisions of this subsection shall not prevent
a veterinarian from docking, cutting off or cropping the
whole or part of the tail of a dog when the dog is at least
12 weeks of age and the procedure is performed using general
anesthesia and shall not prevent a person from causing or
procuring the cutting off or docking of a tail of a dog by a
veterinarian as provided in this subsection.
(3) The provisions of this section shall not prevent a
veterinarian from surgically removing, docking, cutting off
or cropping the tail of a dog between five days and 12 weeks
of age if, in the veterinarian's professional judgment, the
procedure is medically necessary for the health and welfare
of the dog. If the procedure is performed, it shall be done
in accordance with generally accepted standards of veterinary
practice.
(4) The possession by any person of a dog with a tail
cut off or docked and with the wound or incision site
resulting therefrom unhealed, or any such dog being found in
the charge or custody of any person or confined upon the
premises owned by or under the control of any person, shall
be prima facie evidence of a violation of this subsection by
the person, except as provided in this subsection.
(5) A person who procures the cutting off or docking of
a tail of a dog shall record the procedure. The record shall
include the name of the attending veterinarian and the date
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and location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during that
period of time.
(d) Surgical birth.--The following apply:
(1) A person commits a summary offense if the person
surgically births or causes or procures a surgical birth.
(2) The provisions of this subsection shall not prevent
a veterinarian from surgically birthing a dog when the dog is
anesthetized and shall not prevent any person from causing or
procuring a surgical birthing by a veterinarian.
(3) The possession by any person of a dog with a wound
or incision site resulting from a surgical birth unhealed, or
any such dog being found in the charge or custody of any
person or confined upon the premises owned by or under the
control of any person, shall be prima facie evidence of a
violation of this subsection by the person, except as
provided in this subsection.
(4) A person who procures the surgical birth of a dog
shall record the procedure. The record shall include the name
of the attending veterinarian and the date and location at
which the procedure was performed. The record shall be kept
as long as the wound or incision site is unhealed and shall
be transferred with the dog during that period of time.
(5) This subsection shall not apply to personnel
required to comply with standards to minimize pain to an
animal set forth in section 2143(a)(3) of the Animal Welfare
Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.), trained in
accordance with section 2143(d) of the Animal Welfare Act,
who work in a federally registered research facility required
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to comply with the Animal Welfare Act under the guidance or
oversight of a veterinarian.
(e) Declawing.--The following apply:
(1) A person commits a summary offense if the person
cuts off or causes or procures the cutting off of the dewclaw
of a dog over five days old.
(2) The provisions of this subsection shall not prevent
a veterinarian from cutting the dewclaw and shall not prevent
a person from causing or procuring the procedure by a
veterinarian.
(3) The possession by any person of a dog with the
dewclaw cut off and with the wound or incision site resulting
therefrom unhealed, or any such dog being found in the charge
or custody of any person or confined upon the premises owned
by or under the control of any person, shall be prima facie
evidence of a violation of this subsection by the person,
except as provided in this subsection.
(4) A person who procures the cutting off of the dewclaw
of a dog shall record the procedure. The record shall include
the name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during that
period of time.
(f) Additional penalty.-- In addition to any other penalty
provided by law, upon conviction for violating this section, the
court may order the convicted person to undergo a psychological
or psychiatric evaluation and to undergo any treatment at the
convicted person's expense that the court determines to be
appropriate after due consideration of the evaluation.
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§ 5542. Animal fighting.
(a) Offense defined.--A person commits a felony of the third
degree if he:
(1) for amusement or gain, causes, allows or permits any
animal to engage in animal fighting;
(2) receives compensation for the admission of another
person to any place kept or used for animal fighting;
(3) owns, possesses, keeps, trains, promotes, purchases,
steals or acquires in any manner or knowingly sells any
animal for animal fighting;
(4) in any way knowingly encourages, aids or assists
therein;
(5) wagers on the outcome of an animal fight;
(6) pays for admission to an animal fight or attends an
animal fight as a spectator; or
(7) knowingly permits any place under his control or
possession to be kept or used for animal fighting.
(b) Nonapplicability.--This section shall not apply to
activity undertaken in a normal agricultural operation.
§ 5543. Possession of animal fighting paraphernalia.
In addition to any other penalty provided by law, a person
commits a misdemeanor of the third degree if he knowingly owns
or possesses animal fighting paraphernalia.
§ 5544. Killing homing pigeons.
A person commits a summary offense if he shoots, maims or
kills any antwerp or homing pigeon, either while on flight or at
rest, or detains or entraps any such pigeon which carries the
name of its owner.
§ 5545. Skinning of and selling or buying pelts of dogs and
cats.
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A person commits a summary offense if he skins a dog or cat
or offers for sale or exchange or offers to buy or exchange the
pelt or pelts of any dog or cat.
§ 5546. Fine and term of imprisonment for summary offense.
A person convicted of a summary offense under this subchapter
shall, upon conviction, be sentenced to pay a fine of not less
than $100 or to imprisonment for not more than 90 days, or both.
§ 5547. Power to initiate criminal proceedings.
An agent of any society or association for the prevention of
cruelty to animals, incorporated under the laws of this
Commonwealth, shall have the same powers to initiate criminal
proceedings provided for police officers by the Pennsylvania
Rules of Criminal Procedure. An agent of any society or
association for the prevention of cruelty to animals,
incorporated under the laws of this Commonwealth, shall have
standing to request any court of competent jurisdiction to
enjoin any violation of this subchapter.
§ 5548. Seizure of animals kept or used for animal fighting.
Any police officer or agent of a society or association for
the prevention of cruelty to animals incorporated under the laws
of this Commonwealth shall have power to seize any animal kept,
used or intended to be used for animal fighting. When the
seizure is made, the animal or animals so seized shall not be
deemed absolutely forfeited but shall be held by the officer or
agent seizing the same until a conviction of some person is
first obtained for a violation of section 5542 (relating to
animal fighting) or forfeiture is obtained under the act of July
9, 2013 (P.L.263, No.50), known as the Costs of Care of Seized
Animals Act. The officer or agent making such seizure shall make
due return to the issuing authority of the number and kind of
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animals or creatures so seized by him. Where an animal is thus
seized, the police officer or agent is authorized to provide
such care as is reasonably necessary and, where any animal thus
seized is found to be disabled, injured or diseased beyond
reasonable hope of recovery, the police officer or agent is
authorized to provide for the humane destruction of the animal.
In addition to any other penalty provided by law, the authority
imposing sentence upon a conviction for any violation of section
5542 shall order the forfeiture or surrender of any abused,
neglected or deprived animal of the defendant to any society or
association for the prevention of cruelty to animals duly
incorporated under the laws of this Commonwealth and shall
require that the owner pay the cost of the keeping, care and
destruction of the animal.
§ 5549. Search warrants.
Where a violation of this subchapter is alleged, any issuing
authority may, in compliance with the applicable provisions of
the Pennsylvania Rules of Criminal Procedure, issue to any
police officer or any agent of any society or association for
the prevention of cruelty to animals duly incorporated under the
laws of this Commonwealth a search warrant authorizing the
search of any building or any enclosure in which any violation
of this subchapter is occurring or has occurred and authorizing
the seizure of evidence of the violation, including, but not
limited to, the animals which were the subject of the violation.
Where an animal thus seized is found to be neglected or
starving, the police officer or agent is authorized to provide
such care as is reasonably necessary and, where any animal thus
seized is found to be disabled, injured or diseased beyond
reasonable hope of recovery, the police officer or agent is
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authorized to provide for the humane destruction of the animal.
The cost of the keeping, care and destruction of the animal
shall be paid by the owner thereof and claims for the costs
shall constitute a lien upon the animal. In addition to any
other penalty provided by law, the authority imposing sentence
upon a conviction for any violation of this subchapter may
require that the owner pay the cost of the keeping, care and
destruction of the animal. No search warrant shall be issued
based upon an alleged violation of this subchapter which
authorizes any police officer or agent or other person to enter
upon or search premises where scientific research work is being
conducted by or under the supervision of graduates of duly
accredited scientific schools or where biological products are
being produced for the care or prevention of disease.
§ 5550. Forfeiture.
In addition to any other penalty provided by law, the
authority imposing sentence upon a conviction for any violation
of this subchapter may order the forfeiture or surrender of any
abused, neglected or deprived animal of the defendant to any
society or association for the prevention of cruelty to animals
duly incorporated under the laws of this Commonwealth.
§ 5551. Prohibition of ownership.
Notwithstanding any provision of law and in addition to any
other penalty provided by law, the authority imposing sentence
upon a conviction for any violation of this subchapter may order
the prohibition or limitation of the defendant's ownership,
possession, control or custody of animals or employment with the
care of animals for a period of time not to exceed the statutory
maximum term of imprisonment applicable to the offense for which
sentence is being imposed. Any humane society police officer,
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law enforcement officer or Dog Law warden shall have authority
to ensure compliance with this section and may notify the local
district attorney who may petition the court to remove any
animals kept in violation of this section.
§ 5552. Representation of humane society by attorney.
Upon prior authorization and approval by the district
attorney of the county in which the proceeding is held, an
association or agent may be represented in any proceeding under
this subchapter by any attorney admitted to practice before the
Supreme Court of Pennsylvania and in good standing. Attorney
fees shall be borne by the humane society or association which
is represented.
§ 5553. Construction of subchapter.
The provisions of this subchapter shall not supersede the act
of December 7, 1982 (P.L.784, No.225), known as the Dog Law.
§ 5554. Nonapplicability of subchapter.
(a) Game law.--This subchapter shall not apply to, interfere
with or hinder any activity which is authorized or permitted
under 34 Pa.C.S. (relating to game).
(b) Exemptions.--The provisions of this subchapter that
relate to cruelty to animals, cruel treatment of animals and
aggravated cruelty to animals shall not apply to the following:
(1) The killing of a dog or cat by the owner of that
animal if it is accomplished in accordance with the act of
December 22, 1983 (P.L.303, No.83), known as the Animal
Destruction Method Authorization Law.
(2) The killing of any animal found pursuing, wounding
or killing any domestic animal or domestic fowl.
(3) The killing of any animal or fowl under 34 Pa.C.S.
§§ 2384 (relating to declaring dogs public nuisances) and
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2385 (relating to destruction of dogs declared public
nuisances) or regulations promulgated under 34 Pa.C.S.
(4) Such reasonable activity as may be undertaken with
vermin control or pest control.
(5) Activity undertaken in normal agricultural
operation.
(6) Conduct that is lawful under the laws of the United
States or this Commonwealth relating to activities undertaken
by a research facility that is one of the following:
(i) Registered and inspected under the Animal
Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.).
(ii) Subject to the Public Health Service Policy on
Humane Care and Use of Laboratory Animals provided for
under the Public Health Service Act (58 Stat. 682, 42
U.S.C. § 201 et seq.).
(iii) Subject to the provisions of 21 CFR Pt. 58
(relating to good laboratory practice for nonclinical
laboratory studies) under the Federal Food, Drug and
Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) or
the Public Health Service Act.
Section 5. This act shall take effect in 60 days.
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