PRINTER'S NO. 1800
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1624
Session of
2021
INTRODUCED BY HANBIDGE, MALAGARI, ISAACSON, HOHENSTEIN, SANCHEZ,
SOLOMON, KINKEAD, SCHLOSSBERG AND BURGOS, JUNE 14, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2021
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 animal
mutilation and related offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5542 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 5542. Animal mutilation and related offenses.
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(e.1) Declawing of cats.-- The following apply:
(1) A person commits an offense under section 5533 if
the person performs an onychectomy, a declawing, partial
digital amputation, phalangectomy or tendonectomy procedure
by any means unless the procedure is deemed necessary for a
therapeutic purpose by a licensed doctor of veterinary
medicine. The offense under this subsection shall include any
procedure to alter a cat's toes, claws or paws to prevent the
normal functioning of the cat's toes, claws or paws. The
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offense under this subsection shall not include the trimming
of a nonviable claw husk or placing a nonpermanent nail cap
on a cat.
(2) Notwithstanding the provisions of paragraph (1), if
a licensed veterinarian determines that a phalangectomy
procedure is necessary for a therapeutic purpose, the
licensed veterinarian, on or before 10 business days after
performing the procedure, shall file a written statement with
the animal control agency with jurisdiction over the area in
which the procedure was performed stating the purpose for the
phalangectomy, onychectomy, partial digital amputation or
tendonectomy procedure, including a laboratory pathology
report confirming the pathology, identifying information of
the cat, including its microchip number if applicable, age,
gender, markings and a photo of the face and current address
and telephone number of the owner or keeper of the cat. The
licensed veterinarian shall provide a copy of the written
statement to the owner or keeper of the cat.
(3) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Onychectomy." A procedure in which a portion of the paw
of a cat is amputated or removed or disables a claw,
including procedures commonly referred to as declawing.
"Partial digital amputation." A procedure for the
excision of some or all of one or more of the phalanges of
the paw of a cat.
"Phalangectomy." A procedure for the excision of one or
more of the phalanges of the paw of a cat.
"Tendonectomy." A procedure in which the tendons to the
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limbs, paws or toes of a cat are cut or modified so that the
cat's claws cannot function normally.
"Therapeutic purpose." A purpose necessary to address
the physical medical condition of the cat, such as an
existing or recurring physical illness, infection, disease,
injury or abnormal condition in a claw that compromises the
cat's health. The term does not mean cosmetic or aesthetic
reasons or reasons of convenience in keeping or handling the
cat.
* * *
Section 2. This act shall take effect in 60 days.
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