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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FOLMER, ALLOWAY, WOZNIAK, WAUGH, COSTA, BOSCOLA AND BRUBAKER, JUNE 5, 2009 |
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| REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JUNE 5, 2009 |
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| AN ACT |
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1 | Amending Titles 3 (Agriculture) and 18 (Crimes and Offenses) of |
2 | the Pennsylvania Consolidated Statutes, providing for the |
3 | definitions of "agricultural biosecurity area" and for |
4 | "posted notice"; and further providing for keeping and |
5 | handling of domestic animals, for ecoterrorism and for |
6 | criminal trespass. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 2303 of Title 3 of the Pennsylvania |
10 | Consolidated Statutes is amended by adding definitions to read: |
11 | § 2303. Definitions. |
12 | The following words and phrases when used in this chapter |
13 | shall have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | * * * |
16 | "Agricultural biosecurity area." Any of the following areas |
17 | which has been identified by posted notice as a biosecurity area |
18 | and for which the owner or other authorized person has |
19 | established procedures to inhibit the transference of |
20 | transmissible disease: |
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1 | (1) Agricultural or other open lands as defined under 18 |
2 | Pa.C.S. § 3503(b.2)(3)(relating to criminal trespass). |
3 | (2) A building or animal or plant containment area |
4 | fenced or enclosed in a manner manifestly designed to exclude |
5 | trespassers or to confine domestic animals or plants used in |
6 | research or agricultural activity or farming as defined in 18 |
7 | Pa.C.S. § 3309 (relating to agricultural vandalism). |
8 | * * * |
9 | "Posted notice." Notice posted in a manner which is |
10 | reasonably likely to come to the attention of a person. |
11 | * * * |
12 | Section 2. Section 2305 of Title 3 is amended to read: |
13 | § 2305. Keeping and handling of domestic animals. |
14 | The department shall have authority to regulate the keeping |
15 | and handling of domestic animals to exclude or contain dangerous |
16 | transmissible diseases and hazardous substances and to protect |
17 | the environment, including the authority to require the |
18 | establishment of an agricultural biosecurity area. Nothing in |
19 | this section shall be construed to authorize the department to |
20 | require vaccination of any animal to prevent or control rabies |
21 | whenever that animal is exempt from vaccination under the act of |
22 | December 15, 1986 (P.L.1610, No.181), known as the Rabies |
23 | Prevention and Control in Domestic Animals and Wildlife Act. |
24 | Section 3. The definition of "specified offense against |
25 | property" in section 3311(d) of Title 18 is amended to read: |
26 | § 3311. Ecoterrorism. |
27 | * * * |
28 | (d) Definitions.--As used in this section, the following |
29 | words and phrases shall have the meanings given to them in this |
30 | subsection: |
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1 | * * * |
2 | "Specified offense against property." Any of the following |
3 | offenses: |
4 | Section 3301(a), (c), (d), (d.1) and (f) (relating to arson |
5 | and related offenses). |
6 | Section 3302 (relating to causing or risking catastrophe). |
7 | Section 3304 (relating to criminal mischief). |
8 | Section 3307 (relating to institutional vandalism). |
9 | Section 3309 (relating to agricultural vandalism). |
10 | Section 3310 (relating to agricultural crop destruction). |
11 | Section 3502 (relating to burglary) but only if the actor |
12 | commits the crime for the purpose of committing one of the other |
13 | offenses listed in this definition. |
14 | Section 3503 (relating to criminal trespass) but only if the |
15 | actor commits the crime for the purpose of releasing a dangerous |
16 | transmissible disease or hazardous substance, as those terms are |
17 | defined under 3 Pa.C.S. § 2303 (relating to definitions), |
18 | threatening or terrorizing the owner or occupant of the |
19 | premises, starting or causing to be started any fire upon the |
20 | premises or defacing or damaging the premises. |
21 | Section 3921 (relating to theft by unlawful taking or |
22 | disposition). |
23 | Section 3922 (relating to theft by deception). |
24 | Section 4101 (relating to forgery). |
25 | Section 4120 (relating to identity theft). |
26 | Section 4. Section 3503 of Title 18 is amended by adding a |
27 | subsection to read: |
28 | § 3503. Criminal trespass. |
29 | * * * |
30 | (b.3) Agricultural biosecurity area trespasser.-- |
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1 | (1) A person commits an offense if the person does any |
2 | of the following: |
3 | (i) Enters an agricultural biosecurity area unless |
4 | the owner or other authorized person expressly authorizes |
5 | entry or entry is authorized by law. |
6 | (ii) Knowing that he or she is not licensed or |
7 | privileged to do so, enters an agricultural biosecurity |
8 | area without performing the measures for biosecurity that |
9 | by posted notice are directed to be performed for entry |
10 | to the area. |
11 | (iii) Knowingly or recklessly enters an agricultural |
12 | biosecurity area without performing the measures for |
13 | biosecurity that by posted notice are directed to be |
14 | performed for entry to the area. |
15 | (2) An offense under this subsection shall constitute a |
16 | misdemeanor of the first degree. |
17 | (3) For the purposes of this subsection, the phrases |
18 | "agricultural biosecurity area" and "posted notice" shall |
19 | have the meanings given to them in 3 Pa.C.S. § 2303 (relating |
20 | to definitions). |
21 | * * * |
22 | Section 5. This act shall take effect immediately. |
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