THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, SCAVELLO, SOLOBAY, YOUNGBLOOD, ADOLPH, BELFANTI, BEYER, BRENNAN, BUXTON, D. COSTA, FRANKEL, FREEMAN, GOODMAN, GRUCELA, HORNAMAN, KILLION, KORTZ, MANDERINO, MANN, M. O'BRIEN, O'NEILL, PASHINSKI, PAYNE, READSHAW, SAMUELSON, SANTONI, SIPTROTH, STURLA, SWANGER, VULAKOVICH, WATSON, WHITE, WALKO AND FABRIZIO, JANUARY 26, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for cruelty to

animals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5511(h) and (h.1) of Title 18 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding a subsection to read:

§ 5511.  Cruelty to animals.

* * *

(h)  [Cropping ears of dog] Specific violations; prima facie

evidence of violation.--

(1)  (i)  A person commits a summary offense if he crops

or cuts off, or causes or procures to be cropped or cut

off, the whole[,] or part of the ear or ears of a dog or

shows or exhibits or procures the showing or exhibition

of any dog whose ear is or ears are cropped or cut off,

in whole or in part, unless the person showing [such] the 

dog has in his possession either a certificate of

veterinarian stating that [such] the cropping was done by

the veterinarian or a certificate of registration from a

county treasurer[,] showing that [such] the dog was cut

or cropped before this section became effective.

(ii)  The provisions of this section shall not

prevent a veterinarian from cutting or cropping the whole

or part of the ear or ears of a dog when [such] the dog

is anesthetized[,] and shall not prevent any person from

causing or procuring [such] the cutting or cropping of a

dog's ear or ears by a veterinarian.

(iii)  The possession by any person of a dog with an

ear or ears cut off or cropped and with the wound

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 [such] the person except as provided

for in this subsection.

[The owner of any dog whose ear or ears have been cut off or

cropped before this section became effective may, if a resident

of this Commonwealth, register such dog with the treasurer of

the county where he resides, and if a nonresident of this

Commonwealth, with the treasurer of any county of this

Commonwealth, by certifying, under oath, that the ear or ears of

such dog were cut or cropped before this section became

effective, and the payment of a fee of $1 into the county

treasury. The said treasurer shall thereupon issue to such

person a certificate showing such dog to be a lawfully cropped

dog.]

(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 a person of a dog with the

vocal cords cut or the resonance chamber otherwise

altered and with the wound resulting therefrom unhealed

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 of vocal

cords or the alteration of the resonance chamber of a dog

shall record the procedure.

(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 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 or docking of a

tail of a dog by a veterinarian as provided in this

paragraph.

(iii)  The possession by a person of a dog with a

tail cut off or docked and with the wound resulting

therefrom unhealed 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 or

docking of a tail of a dog shall record the procedure and

keep the record.

(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 the birthing by a

veterinarian.

(iii)  The possession by a person of a dog with a

wound resulting from a surgical birth unhealed 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

dog shall record the procedure and keep the record.

(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 a person of a dog with the

dewclaw cut off and with the wound resulting therefrom

unhealed shall be prima facie evidence of a violation of

this paragraph by the person, except as provided in this

paragraph and keep the record.

(iv)  A person who procures the cutting off of the

dewclaw of a dog shall record the procedure and keep the

record.

(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.

* * *

(o.2)  Limited authority to enforce summary offenses in

certain counties.--

(1)  A State dog warden who has authority under section

901(a) of the act of December 7, 1982 (P.L.784, No.225),

known as the Dog Law, shall have authority to enforce this

section in a county in which there is no humane society

police officer appointed under 22 Pa.C.S. Ch. 37 (relating to

humane society police officers). Authority provided under

this subsection may only be exercised in the enforcement of

summary offenses particular to acts or omissions on dogs in

the operation of an establishment licensed or required to be

licensed as a kennel under the Dog Law.

(2)  A State dog warden shall have no enforcement

authority under this subsection unless the warden has

successfully completed all of the minimum requirements for

initial training and additional training under 22 Pa.C.S. §§

3712 (relating to training program) and 3713 (relating to

continuing education program).

(3)  A State dog warden shall have no authority under

this subsection to seize any dog except pursuant to the

search of a kennel premises for which a search warrant has

been issued in accordance with the applicable provisions of

the Pennsylvania Rules of Criminal Procedure. A State dog

warden shall not file, obtain or execute any search warrant

unless the warden has complied with the requirements for

prior approval under 22 Pa.C.S. § 3710 (relating to search

warrants). The authority of a dog warden to obtain or execute

search warrants or to seize dogs under this section shall not

exceed the authority under subsection (l).

(4)  This subsection shall not be construed as modifying,

rescinding or superseding any authority of State dog wardens

under the Dog Law.

* * *

Section 2.  This act shall take effect as follows:

(1)  The amendment of 18 Pa.C.S. § 5511(h.1) shall take

effect in 60 days.

(2)  The remainder of this act shall take effect

immediately.