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PRINTER'S NO. 31
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
13
Session of
2017
INTRODUCED BY BIZZARRO, FLYNN, DRISCOLL, J. HARRIS, NEILSON,
BARRAR, SIMMONS, V. BROWN, GERGELY, MACKENZIE, W. KELLER,
KINSEY, O'BRIEN, MILLARD, BULLOCK, WATSON, SANTORA, D. COSTA,
KAUFFMAN, A. HARRIS, MULLERY, SIMS, FRANKEL, SCHLOSSBERG,
McNEILL, LONGIETTI, DEASY, GOODMAN, ROZZI, STURLA, GILLEN,
DiGIROLAMO, RAVENSTAHL, KORTZ, CARROLL, SNYDER, MASSER,
FARRY, DOWLING, GREINER, GILLESPIE, PHILLIPS-HILL, CHARLTON,
FREEMAN AND DeLUCA, JANUARY 23, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2017
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(a)(2.1), (c), (m) and (q) of Title
18 of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
ยง 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
animals, etc.--
* * *
(2.1) (i) A person commits a misdemeanor of the first
degree if he willfully and maliciously:
(A) Kills, maims, mutilates, tortures or
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disfigures any dog [or], cat or equine animal,
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 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 or equine animal,
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 or equine
animal 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.
(iv) If a person kills, maims, mutilates, tortures
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or disfigures a guide dog 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, 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.
* * *
(c) Cruelty to animals.--
(1) A person commits an offense if he [wantonly or
cruelly] knowingly or recklessly 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] the animal 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,
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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.
(4) Tethering an unattended dog outdoors for more than
nine hours within a 24-hour period or without providing for
the animal's basic needs, as set forth in this paragraph,
shall constitute neglect within the meaning of this section.
The following shall apply:
(i) A tether must be of a type and length commonly
used for the size and breed of dog. A tether must be the
longer of 10 feet, or three times the length of the dog
as measured from the tip of its nose to the base of its
tail. No tow or log chain may be used.
(ii) A tether must be secured by means of a swivel
anchor, swivel latch or any other mechanism designed to
prevent the dog from becoming entangled. A tether must be
connected to a well-fitted collar or body harness. No
choke, pinch, prong or chain collar may be used.
(iii) A tethered dog must have access to potable
water and an area of shade that permits the dog to escape
the direct rays of the sun.
(5) The presence of any of the following conditions
regarding a tethered dog shall create a rebuttable
presumption of neglect:
(i) Excessive waste or excrement in the area where
the dog is tethered.
(ii) The dog has been tethered outdoors for more
than 30 minutes in temperatures above 90 degrees or below
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32 degrees Fahrenheit.
(6) Paragraph (4) shall not be construed to prohibit any
of the following:
(i) Tethering a dog while actively engaged in lawful
hunting, exhibition, performance events or field
training.
(ii) Tethering a hunting, sporting or sledding dog
breed where tethering is integral to the training,
conditioning or purpose of the dog.
(iii) Tethering a dog in compliance with the
requirements of a camping or recreational area.
(iv) Tethering a dog for a period of time, not to
exceed one hour, reasonably necessary for the dog or
person to complete a temporary task.
(c.1) Aggravated cruelty to animals.--
(1) A person commits the offense of aggravated cruelty
to animals if an animal suffers bodily injury, as defined in
section 2301 (relating to definitions), as a result of the
person knowingly or recklessly torturing or abusing an
animal.
(2) (i) Except as provided in subparagraph (ii), a
person convicted of violating paragraph (1) commits a
misdemeanor of the first degree.
(ii) A person convicted of violating paragraph (1)
in a case where the animal suffers serious bodily injury,
as defined in section 2301, or death commits a felony of
the third degree.
(3) This section shall not apply to activity undertaken
in normal agricultural operation or the deliberate wounding
of an animal as a result of the use of a firearm, archery,
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trap or other legal lethal means, if the wounding occurs in
an attempt to take the animal for a legal purpose.
* * *
(m) Forfeiture.--[In]
(1) Except as provided under paragraph (2), 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.
(2) If the conviction under this subsection is for an
offense graded as a misdemeanor of the first or second degree
or as a felony under subsection (a), the authority imposing
sentence shall order 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.
* * *
(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
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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
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.
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"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.
"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.
"Torture." The term includes any of the following, 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; or
(3) causing or allowing, through prolonged deprivation
of food or sustenance, the loss of more than one-third of the
animal's normal body mass without veterinary care.
"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 2. This act shall take effect in 60 days.
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