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| PRIOR PRINTER'S NO. 1092 | PRINTER'S NO. 2121 |
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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, BRUBAKER, STACK AND FARNESE, JUNE 5, 2009 |
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| SENATOR BRUBAKER, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, JUNE 30, 2010 |
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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 an agricultural | <-- |
18 | biosecurity area and for which the owner or other authorized |
19 | person has established procedures to inhibit the transference of |
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1 | transmissible disease or hazardous substance: | <-- |
2 | (1) Agricultural or other open lands as defined under 18 |
3 | Pa.C.S. § 3503(b.2)(3)(relating to criminal trespass). |
4 | (2) A building or animal or plant containment area |
5 | fenced or enclosed in a manner manifestly designed and | <-- |
6 | constructed to exclude trespassers or to confine domestic |
7 | animals or plants used in research or agricultural activity |
8 | or farming as defined in 18 Pa.C.S. § 3309 (relating to |
9 | agricultural vandalism). |
10 | * * * |
11 | "Posted notice." Notice posted in a manner which is |
12 | reasonably likely to come to the attention of a person. |
13 | * * * |
14 | Section 2. Section 2305 of Title 3 is amended to read: |
15 | § 2305. Keeping and handling of domestic animals. |
16 | The department shall have authority to regulate the keeping |
17 | and handling of domestic animals to exclude or contain dangerous |
18 | transmissible diseases and hazardous substances and to protect |
19 | the environment, including the authority to require the |
20 | establishment of an agricultural biosecurity area and that all | <-- |
21 | such agricultural biosecurity areas so established be clearly |
22 | and conspicuously posted. The department may develop a |
23 | regulation to govern the form and content of posted notice to |
24 | identify an agricultural biosecurity area. Nothing in this |
25 | section shall be construed to authorize the department to |
26 | require vaccination of any animal to prevent or control rabies |
27 | whenever that animal is exempt from vaccination under the act of |
28 | December 15, 1986 (P.L.1610, No.181), known as the Rabies |
29 | Prevention and Control in Domestic Animals and Wildlife Act. |
30 | Section 3. The definition of "specified offense against |
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1 | property" in section 3311(d) of Title 18 is amended to read: |
2 | § 3311. Ecoterrorism. |
3 | * * * |
4 | (d) Definitions.--As used in this section, the following |
5 | words and phrases shall have the meanings given to them in this |
6 | subsection: |
7 | * * * |
8 | "Specified offense against property." Any of the following |
9 | offenses: |
10 | Section 3301(a), (c), (d), (d.1) and (f) (relating to arson |
11 | and related offenses). |
12 | Section 3302 (relating to causing or risking catastrophe). |
13 | Section 3304 (relating to criminal mischief). |
14 | Section 3307 (relating to institutional vandalism). |
15 | Section 3309 (relating to agricultural vandalism). |
16 | Section 3310 (relating to agricultural crop destruction). |
17 | Section 3502 (relating to burglary) but only if the actor |
18 | commits the crime for the purpose of committing one of the other |
19 | offenses listed in this definition. |
20 | Section 3503 (relating to criminal trespass) but only if the |
21 | actor commits the crime for the purpose of releasing a dangerous |
22 | transmissible disease or hazardous substance, as those terms are |
23 | defined under 3 Pa.C.S. § 2303 (relating to definitions), |
24 | threatening or terrorizing the owner or occupant of the |
25 | premises, starting or causing to be started any fire upon the |
26 | premises or defacing or damaging the premises. |
27 | Section 3921 (relating to theft by unlawful taking or |
28 | disposition). |
29 | Section 3922 (relating to theft by deception). |
30 | Section 4101 (relating to forgery). |
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1 | Section 4120 (relating to identity theft). |
2 | Section 4. Section 3503 of Title 18 is amended by adding a |
3 | subsection to read: |
4 | § 3503. Criminal trespass. |
5 | * * * |
6 | (b.3) Agricultural biosecurity area trespasser.-- |
7 | (1) A person commits an offense if the person does any |
8 | of the following: |
9 | (i) Enters an agricultural biosecurity area unless | <-- |
10 | the owner or other authorized person expressly authorizes |
11 | entry or entry is authorized by law. |
12 | (ii) Knowing that he or she is not licensed or |
13 | privileged to do so, enters an agricultural biosecurity |
14 | area without performing the measures for biosecurity that |
15 | by posted notice are directed to be performed for entry |
16 | to the area. |
17 | (iii) Knowingly or recklessly enters an agricultural |
18 | biosecurity area without performing the measures for |
19 | biosecurity that by posted notice are directed to be |
20 | performed for entry to the area. |
21 | (2) An offense under this subsection shall constitute a |
22 | misdemeanor of the first degree. |
23 | (3) For the purposes of this subsection, the phrases |
24 | "agricultural biosecurity area" and "posted notice" shall |
25 | have the meanings given to them in 3 Pa.C.S. § 2303 (relating |
26 | to definitions). |
27 | (i) Enters an agricultural biosecurity area, knowing | <-- |
28 | that the person is not licensed or privileged to do so. |
29 | (ii) Knowingly or recklessly fails to perform |
30 | reasonable measures for biosecurity that by posted notice |
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1 | are required to be performed for entry to the |
2 | agricultural biosecurity area. |
3 | (2) It is a defense to prosecution under paragraph (1) |
4 | (ii) that: |
5 | (i) no reasonable means or method was available to |
6 | perform the measures that the posted notice required to |
7 | be performed for entry to the agricultural biosecurity |
8 | area; |
9 | (ii) entry is made in response to a condition within |
10 | the agricultural biosecurity area that the person |
11 | reasonably believes to be a serious threat to human or |
12 | animal health as necessitating immediate entry to the |
13 | agricultural biosecurity area; or |
14 | (iii) entry is made under exigent circumstances by a |
15 | law enforcement officer to: |
16 | (A) pursue and apprehend a suspect of criminal |
17 | conduct reasonably believed by the officer to be |
18 | present within the agricultural biosecurity area; or |
19 | (B) prevent the destruction of evidence of |
20 | criminal conduct reasonably believed by the officer |
21 | to be located within the agricultural biosecurity |
22 | area. |
23 | (3) (i) Except as set forth in subparagraph (iii), an |
24 | offense under paragraph (1)(i) constitutes a misdemeanor |
25 | of the third degree. |
26 | (ii) Except as set forth in subparagraph (iii), an |
27 | offense under paragraph (1)(ii) constitutes a summary |
28 | offense. |
29 | (iii) If an offense under paragraph (1) causes |
30 | damage to or death of an animal or plant within an |
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1 | agricultural biosecurity area, the offense constitutes a |
2 | misdemeanor of the first degree. |
3 | (4) For purposes of this subsection, the terms |
4 | "agricultural biosecurity area" and "posted notice" shall |
5 | have the meanings given to them in 3 Pa.C.S. § 2303 (relating |
6 | to definitions). |
7 | * * * |
8 | Section 5. This act shall take effect immediately. |
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