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PRINTER'S NO. 1465
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1238
Session of
2017
INTRODUCED BY STEPHENS, BIZZARRO, GREINER, FARRY, D. COSTA,
SAINATO, READSHAW, O'BRIEN, W. KELLER, STAATS, JAMES, DEAN,
KAUFFMAN, WHEELAND, DRISCOLL, BOBACK, SCHLOSSBERG, CHARLTON,
MURT, WATSON, SCHWEYER, FREEMAN, MILLARD, A. HARRIS, MILNE,
DeLUCA, DEASY, KORTZ, DONATUCCI, GILLEN AND CONKLIN,
APRIL 17, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 17, 2017
AN ACT
Amending Titles 3 (Agriculture), 18 (Crimes and Offenses), 22
(Detectives and Private Police), 34 (Game) and 42 (Judiciary
and Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in race horse industry reform, further providing
for licenses for horse race meetings and for occupational
licenses for individuals; in riot, disorderly conduct and
related offenses, repealing provisions relating to offense of
cruelty to animals, live animals as prizes prohibited, police
animals and assault with a biological agent on animal, fowl
or honey bees and providing for offenses relating to cruelty
to animals; in humane society police officers, further
providing for definitions, for appointment by nonprofit
corporations, for qualifications for appointment, for
suspension, revocation, limitation and restriction of
appointment and restoration of appointment, for powers and
authority and jurisdiction, for search warrants and for
costs; in hunting and furtaking, further providing for
destruction of dogs declared public nuisances; in budget and
finance, further providing for municipal corporation portion
of fines, etc; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 9318(e)(1)(iv) and 9323(g.1)(3) of Title
3 of the Pennsylvania Consolidated Statutes, added October 28,
2016 (P.L.913, No.114), are amended to read:
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§ 9318. Licenses for horse race meetings.
* * *
(e) Action on licenses.--The following shall apply:
(1) The commission shall be prohibited from issuing a
license to conduct a horse race meeting at which pari-mutuel
wagering is permitted to an individual or applicant or an
owner, officer, director or manager of the applicant who has
been convicted of:
* * *
(iv) An offense under 18 Pa.C.S. [§ 5511] Ch. 55
Subch. B (relating to cruelty to animals).
* * *
§ 9323. Occupational licenses for individuals.
* * *
(g.1) Denial.--The commission may deny an application for a
license or suspend, revoke or refuse to renew a license issued
under this section if it determines that the applicant or
licensee meets any of the following:
* * *
(3) Has been convicted of an offense under 18 Pa.C.S. [§
5511] Ch. 55 Subch. B (relating to cruelty to animals).
* * *
Section 2. Chapter 55 of Title 18 is amended by adding a
subchapter heading to read:
SUBCHAPTER A
DEFINITION OF OFFENSES GENERALLY
Section 3. Sections 5511, 5511.1, 5511.2 and 5511.3 of Title
18 are repealed:
[§ 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
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animals, etc.--
(1) A person commits a misdemeanor of the second degree
if he willfully and maliciously:
(i) Kills, maims or disfigures any domestic animal
of another person or any domestic fowl of another person.
(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any domestic animal of another person or domestic fowl of
another person.
(iii) Harasses, annoys, injures, attempts to injure,
molests or interferes with 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.
Any person convicted of violating the provisions of this
paragraph shall be sentenced to pay a fine of not less than
$500.
(2) A person commits a felony of the third degree if he
willfully and maliciously:
(i) Kills, maims or disfigures any zoo animal in
captivity.
(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any zoo animal in captivity.
(2.1) (i) A person commits a misdemeanor of the first
degree if he willfully and maliciously:
(A) Kills, maims, mutilates, tortures or
disfigures any dog or cat, whether belonging to
himself or otherwise. If a person kills, maims,
mutilates, tortures or disfigures a dog guide for an
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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, 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 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.
(3) This subsection shall not apply to:
(i) the killing of any animal taken or found in the
act of actually destroying any domestic animal or
domestic fowl;
(ii) the killing of any animal or fowl pursuant to
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the act of June 3, 1937 (P.L.1225, No.316), known as The
Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
dogs public nuisances) and 2385 (relating to destruction
of dogs declared public nuisances), or the regulations
promulgated thereunder; or
(iii) such reasonable activity as may be undertaken
in connection with vermin control or pest control.
(a.1) Guide dogs.--
(1) A person commits a misdemeanor of the third degree
if he is the owner or co-owner of a dog that kills, maims or
disfigures a guide dog of an individual who is blind, a
hearing dog of an individual who is deaf or audibly impaired
or a service dog of an individual who is physically limited
without provocation by the guide, hearing or service dog or
the individual.
(2) A person commits an offense under this subsection
only if the person knew or should have known that the dog he
owns or co-owns had a propensity to attack human beings or
domestic animals without provocation and the owner or co-
owner knowingly or recklessly failed to restrain the dog or
keep the dog in a contained, secure manner.
(3) Any person convicted of violating the provisions of
this subsection shall be sentenced to pay a fine of not more
than $5,000 and shall be ordered to make reparations for
veterinary costs in treating the guide, hearing or service
dog and, if necessary, the cost of obtaining and training a
replacement guide, hearing or service dog.
(a.2) Civil penalty and restitution.--
(1) A person who is the owner or co-owner of a dog that
kills, maims or disfigures a guide dog of an individual who
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is blind, a hearing dog of an individual who is deaf or
audibly impaired or a service dog of an individual who is
physically limited shall be subject to paragraph (2) if all
of the following apply:
(i) The owner or co-owner knew the dog had a
propensity to attack human beings or domestic animals.
(ii) The owner or co-owner failed to restrain the
dog or keep the dog in a contained, secure manner.
(2) A court of common pleas may impose any of the
following upon any person who is the owner or co-owner of a
dog under paragraph (1):
(i) A civil penalty of up to $15,000.
(ii) Reparations for veterinary costs in treating
the guide, hearing or service dog and, if necessary, the
cost of retraining the dog or of obtaining and training a
replacement guide, hearing or service dog.
(iii) Loss of income for the time the individual is
unable to work due to the unavailability of the guide,
hearing or service dog.
(b) Regulating certain actions concerning fowl or rabbits.--
A person commits a summary offense if he sells, offers for sale,
barters, or gives away baby chickens, ducklings, or other fowl,
under one month of age, or rabbits under two months of age, as
pets, toys, premiums or novelties or if he colors, dyes, stains
or otherwise changes the natural color of baby chickens,
ducklings or other fowl, or rabbits or if he brings or
transports the same into this Commonwealth. This section shall
not be construed to prohibit the sale or display of such baby
chickens, ducklings, or other fowl, or such rabbits, in proper
facilities by persons engaged in the business of selling them
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for purposes of commercial breeding and raising.
(c) Cruelty to animals.--
(1) A person commits an offense if he wantonly or
cruelly 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 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,
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.
(d) Selling or using disabled horse.--A person commits a
summary offense if he offers for sale or sells any horse, which
by reason of debility, disease or lameness, or for other cause,
could not be worked or used without violating the laws against
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cruelty to animals, or leads, rides, drives or transports any
such horse for any purpose, except that of conveying the horse
to the nearest available appropriate facility for its humane
keeping or destruction or for medical or surgical treatment.
(e) Transporting animals in cruel manner.--A person commits
a summary offense if he carries, or causes, or allows to be
carried in or upon any cart, or other vehicle whatsoever, any
animal in a cruel or inhumane manner. The person taking him into
custody may take charge of the animal and of any such vehicle
and its contents, and deposit the same in some safe place of
custody, and any necessary expenses which may be incurred for
taking charge of and keeping the same, and sustaining any such
animal, shall be a lien thereon, to be paid before the same can
lawfully be recovered, or the said expenses or any part thereof
remaining unpaid may be recovered by the person incurring the
same from the owner of said creature in any action therefor.
For the purposes of this section, it shall not be deemed
cruel or inhumane to transport live poultry in crates so long as
not more than 15 pounds of live poultry are allocated to each
cubic foot of space in the crate.
(e.1) Transporting equine animals in cruel manner.--
Notwithstanding any other provision of law, a person commits a
summary offense for each equine animal if the person carries, or
causes or allows to be carried, any equine animal in or upon any
conveyance or other vehicle whatsoever with two or more levels
stacked on top of one another. A person who violates this
subsection on a second or subsequent occasion commits a
misdemeanor of the third degree for each equine animal
transported.
(f) Hours of labor of animals.--A person commits a summary
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offense if he leads, drives, rides or works or causes or permits
any other person to lead, drive, ride or work any horse, mare,
mule, ox, or any other animal, whether belonging to himself or
in his possession or control, for more than 15 hours in any 24
hour period, or more than 90 hours in any one week.
Nothing in this subsection contained shall be construed to
warrant any persons leading, driving, riding or walking any
animal a less period than 15 hours, when so doing shall in any
way violate the laws against cruelty to animals.
(g) Cruelty to cow to enhance appearance of udder.--A person
commits a summary offense if he kneads or beats or pads the
udder of any cow, or willfully allows it to go unmilked for a
period of 24 hours or more, for the purpose of enhancing the
appearance or size of the udder of said cow, or by a muzzle or
any other device prevents its calf, if less than six weeks old,
from obtaining nourishment, and thereby relieving the udder of
said cow, for a period of 24 hours.
(h) Specific violations; prima facie evidence of
violation.--
(1) (i) A person commits a summary offense if the
person crops, trims or cuts off, or causes or procures to
be cropped, trimmed or cut off, the whole or part of the
ear or ears of a dog.
(ii) The provisions of this paragraph shall not
prevent a veterinarian from cropping, trimming or cutting
off the whole or part of the ear or ears of a dog when
the dog is anesthetized and shall not prevent any person
from causing or procuring the cropping, trimming or
cutting off of a dog's ear or ears by a veterinarian.
(iii) The possession by any person of a dog with an
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ear or ears cropped, trimmed or cut off and with the
wound or incision site 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 the person except as
provided for in this subsection.
(iv) A person who procures the cropping, trimming or
cutting off of the whole or part of an ear or ears of a
dog shall record the procedure. The record shall include
the name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during
that period of time.
(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 any person of a dog with the
vocal cords cut or the resonance chamber otherwise
altered and with the wound or incision site resulting
therefrom unhealed, or any such dog being found in the
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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
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. The record shall include the
name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during
that period of time.
(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 off 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 off or
docking of a tail of a dog by a veterinarian as provided
in this paragraph.
(iii) The provisions of this section shall not
prevent a veterinarian from surgically removing, docking,
cutting off or cropping the tail of a dog between five
days and 12 weeks of age if, in the veterinarian's
professional judgment, the procedure is medically
necessary for the health and welfare of the dog. If the
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procedure is performed, it shall be done in accordance
with generally accepted standards of veterinary practice.
(iv) The possession by any person of a dog with a
tail cut off or docked and with the wound or incision
site 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 paragraph by the person, except as provided in this
paragraph.
(v) A person who procures the cutting off or docking
of a tail of a dog shall record the procedure. The record
shall include the name of the attending veterinarian and
the date and location at which the procedure was
performed. The record shall be kept as long as the wound
or incision site is unhealed and shall be transferred
with the dog during that period of time.
(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 a surgical birthing by a
veterinarian.
(iii) The possession by any person of a dog with a
wound or incision site resulting from a surgical birth
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
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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. The record shall include
the name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during
that period of time.
(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 any person of a dog with the
dewclaw cut off and with the wound or incision site
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
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paragraph by the person, except as provided in this
paragraph.
(iv) A person who procures the cutting off of the
dewclaw of a dog shall record the procedure. The record
shall include the name of the attending veterinarian and
the date and location at which the procedure was
performed. The record shall be kept as long as the wound
or incision site is unhealed and shall be transferred
with the dog during that period of time.
(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.
(h.2) Possession of animal fighting paraphernalia.--In
addition to any other penalty provided by law, a person commits
a misdemeanor of the third degree if he knowingly owns or
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possesses animal fighting paraphernalia.
(i) Power to initiate criminal proceedings.--An agent of any
society or association for the prevention of cruelty to animals,
incorporated under the laws of the Commonwealth, shall have the
same powers to initiate criminal proceedings provided for police
officers by the Pennsylvania Rules of Criminal Procedure. An
agent of any society or association for the prevention of
cruelty to animals, incorporated under the laws of this
Commonwealth, shall have standing to request any court of
competent jurisdiction to enjoin any violation of this section.
(j) Seizure of animals kept or used for animal fighting.--
Any police officer or agent of a society or association for the
prevention of cruelty to animals incorporated under the laws of
this Commonwealth, shall have power to seize any animal kept,
used, or intended to be used for animal fighting. When the
seizure is made, the animal or animals so seized shall not be
deemed absolutely forfeited, but shall be held by the officer or
agent seizing the same until a conviction of some person is
first obtained for a violation of subsection (h.1) or forfeiture
is obtained under the act of July 9, 2013 (P.L.263, No.50),
known as the Costs of Care of Seized Animals Act. The officer or
agent making such seizure shall make due return to the issuing
authority, of the number and kind of animals or creatures so
seized by him. Where an animal is thus seized, the police
officer or agent is authorized to provide such care as is
reasonably necessary, and where any animal thus seized is found
to be disabled, injured or diseased beyond reasonable hope of
recovery, the police officer or agent is authorized to provide
for the humane destruction of the animal. In addition to any
other penalty provided by law, the authority imposing sentence
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upon a conviction for any violation of subsection (h.1) shall
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 and shall require that the owner
pay the cost of the keeping, care and destruction of the animal.
(k) Killing homing pigeons.--A person commits a summary
offense if he shoots, maims or kills any antwerp or homing
pigeon, either while on flight or at rest, or detains or entraps
any such pigeon which carries the name of its owner.
(l) Search warrants.--Where a violation of this section is
alleged, any issuing authority may, in compliance with the
applicable provisions of the Pennsylvania Rules of Criminal
Procedure, issue to any police officer or any agent of any
society or association for the prevention of cruelty to animals
duly incorporated under the laws of this Commonwealth a search
warrant authorizing the search of any building or any enclosure
in which any violation of this section is occurring or has
occurred, and authorizing the seizure of evidence of the
violation including, but not limited to, the animals which were
the subject of the violation. Where an animal thus seized is
found to be neglected or starving, the police officer or agent
is authorized to provide such care as is reasonably necessary,
and where any animal thus seized is found to be disabled,
injured or diseased beyond reasonable hope of recovery, the
police officer or agent is authorized to provide for the humane
destruction of the animal. The cost of the keeping, care and
destruction of the animal shall be paid by the owner thereof and
claims for the costs shall constitute a lien upon the animal. In
addition to any other penalty provided by law, the authority
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imposing sentence upon a conviction for any violation of this
section may require that the owner pay the cost of the keeping,
care and destruction of the animal. No search warrant shall be
issued based upon an alleged violation of this section which
authorizes any police officer or agent or other person to enter
upon or search premises where scientific research work is being
conducted by, or under the supervision of, graduates of duly
accredited scientific schools or where biological products are
being produced for the care or prevention of disease.
(m) Forfeiture.--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.
(m.1) Fine for summary offense.--In addition to any other
penalty provided by law, a person convicted of a summary offense
under this section shall pay a fine of not less than $50 nor
more than $750 or to imprisonment for not more than 90 days, or
both.
(m.2) Prohibition of ownership.--Notwithstanding any
provision of law and 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 prohibition or
limitation of the defendant's ownership, possession, control or
custody of animals or employment with the care of animals for a
period of time not to exceed the statutory maximum term of
imprisonment applicable to the offense for which sentence is
being imposed.
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(n) Skinning of and selling or buying pelts of dogs and
cats.--A person commits a summary offense if he skins a dog or
cat or offers for sale or exchange or offers to buy or exchange
the pelt or pelts of any dog or cat.
(o) Representation of humane society by attorney.--Upon
prior authorization and approval by the district attorney of the
county in which the proceeding is held, an association or agent
may be represented in any proceeding under this section by any
attorney admitted to practice before the Supreme Court of
Pennsylvania and in good standing. Attorney's fees shall be
borne by the humane society or association which is represented.
(o.1) Construction of section.--The provisions of this
section shall not supersede the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law.
(p) Applicability of section.--This section shall not apply
to, interfere with or hinder any activity which is authorized or
permitted pursuant to the act of June 3, 1937 (P.L.1225,
No.316), known as The Game Law or Title 34 (relating to game).
(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
object concerning its use, any prior convictions under Federal
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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.
"Normal agricultural operation." Normal activities,
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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.
"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.
§ 5511.1. Live animals as prizes prohibited.
(a) General rule.--No person shall give or offer to give
away any live animal, except fish, as a prize in any drawing,
lottery, contest, sweepstakes or other game. No person operating
any drawing, lottery, contest, sweepstake or other game shall
sell or offer to sell any live animal, except fish, in
conjunction with the operation of a drawing, lottery, contest,
sweepstakes or other game.
(b) Exception.--
(1) This section shall not apply to any domestic animal
given away or sold in connection with any agricultural,
educational or vocational program sponsored or sanctioned by
the Department of Agriculture.
(2) The Department of Agriculture shall promulgate the
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rules and regulations necessary to provide the conditions and
requirements of live animal offerings under this subsection.
(c) Construction of section.--The provisions of this section
shall not supersede the act of December 7, 1982 (P.L.784,
No.225), known as the Dog Law.
(d) Penalty.--A violation of this section constitutes a
summary offense punishable by a fine of not more than $250.
§ 5511.2. Police animals.
(a) Illegal to taunt police animals.--It shall be unlawful
for any person to willfully or maliciously taunt, torment,
tease, beat, kick or strike a police animal. Any person who
violates any of the provisions of this subsection commits a
felony of the third degree.
(b) Illegal to torture police animals.--It shall be unlawful
for any person to willfully or maliciously torture, mutilate,
injure, disable, poison or kill a police animal. Any person who
violates any of the provisions of this subsection commits a
felony of the second degree.
(c) Restitution.--In any case in which a defendant is
convicted of a violation of subsection (a) or (b), the defendant
shall be ordered to make restitution to the agency or individual
owning the animal for any veterinary bills, for replacement
costs of the animal if it is disabled or killed and for the
salary of the animal's handler for the period of time the
handler's services are lost to the agency.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Accelerate detection dog." A dog which is trained for
accelerant detection, commonly referred to as arson canines.
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"Bomb detection dog." A dog which is trained to locate a
bomb or explosives by scent.
"Narcotic detection dog." A dog which is trained to locate
narcotics by scent.
"Police animal." An animal, including, but not limited to,
dogs and horses, used by the Pennsylvania State Police, a police
department created by a metropolitan transportation authority
operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan
transportation authorities), a police department created
pursuant to the act of April 6, 1956 (1955 P.L.1414, No.465),
known as the Second Class County Port Authority Act, the Capitol
Police, the Department of Corrections, a county facility or
office or by a municipal police department, fire department,
search and rescue unit or agency or handler under the
supervision of such department, search and rescue unit or agency
in the performance of the functions or duties of such
department, search and rescue unit or agency, whether the animal
is on duty or not on duty. The term shall include, but not be
limited to, an accelerant detection dog, bomb detection dog,
narcotic detection dog, search and rescue dog and tracking
animal.
"Search and rescue dog." A dog which is trained to locate
lost or missing persons, victims of natural or manmade disasters
and human bodies.
"Tracking animal." An animal which is trained to track or
used to pursue a missing person, escaped inmate or fleeing
felon.
§ 5511.3. Assault with a biological agent on animal, fowl or
honey bees.
(a) Offense defined.--A person commits a felony of the
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second degree if the person intentionally, knowingly or
maliciously exposes or causes to be exposed an animal, fowl or
honey bees to any virus, bacteria, prion or other agent which
causes infectious disease, including any of the following:
(1) Foot-and-mouth disease.
(2) Bovine spongiform encephalopathy (BSE), commonly
known as mad cow disease.
(3) Avian influenza.
(4) Varroamite.
(b) Restitution.--The person convicted of violating this
section shall, in addition to any other sentence imposed, be
sentenced to pay the owner of the afflicted animal, fowl or
honey bees restitution in an amount equal to the cost of the
financial damages incurred as a result of the offense, including
the following:
(1) Value of afflicted animal, fowl or honey bees.
(2) Disposal of afflicted animal, fowl or honey bees.
(3) Testing for disease on existing animal.
(4) Cleanup and sanitization of property and buildings
on and in which afflicted animals, fowl or honey bees were
located.
(5) Liability insurance for cleanup and sanitization
workers.
(6) Soil testing of property.
(7) Loss revenue for aggrieved owner of afflicted
animal, fowl or honey bees.
(c) Exceptions.--The provisions of this section shall not
apply to research or veterinarian services, including
immunizations, vaccinations or other treatments administered
during the normal scope of practice.]
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Section 4. Chapter 55 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER B
CRUELTY TO ANIMALS
Sec.
5531. Definitions.
5532. Neglect of animal.
5533. Cruelty to animal.
5534. Aggravated cruelty to animal.
5535. Attack of guide dog.
5536. Tethering of unattended dog.
5537. Selling or using disabled horse.
5538. Transporting animals in cruel manner.
5539. Transporting equine animals in cruel manner.
5540. Hours of labor of animals.
5541. Cruelty to cow to enhance appearance of udder.
5542. Animal mutilation and related offenses.
5543. Animal fighting.
5544. Possession of animal fighting paraphernalia.
5545. Killing homing pigeons.
5546. Skinning of and selling or buying pelts of dogs and cats.
5547. Live animals as prizes prohibited.
5548. Police animals.
5549. Assault with a biological agent on animal, fowl or honey
bees.
5550. Fine and term of imprisonment for summary offense.
5551. Power to initiate criminal proceedings.
5552. Seizure of animals kept or used for animal fighting.
5553. Search warrants.
5554. Forfeiture.
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5555. Prohibition of ownership.
5556. Civil immunity for veterinarians, technicians and
assistants.
5557. Civil immunity for humane society police officers.
5558. Representation of humane society by attorney.
5559. Construction of subchapter.
5560. Exemption of normal agricultural operations.
5561. Nonapplicability of subchapter.
§ 5531. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Accelerant detection dog." A dog that is trained for
accelerant detection, commonly referred to as arson canines.
"Animal fighting." Fighting or baiting a bull, bear, dog,
cock or other creature.
"Animal fighting paraphernalia." A 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 the
following:
(1) Statements by an owner or by an individual in
control of the object concerning its use.
(2) A prior conviction under Federal or State law
relating to animal fighting.
(3) The proximity of the object in time and space to the
direct violation of this subchapter.
(4) Direct or circumstantial evidence of the intent of
the accused to deliver the object to persons whom the accused
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knows or should reasonably know intends to use the object to
facilitate a violation of this subchapter.
(5) Oral or written instructions provided with or in the
vicinity of the object concerning the object's use.
(6) Descriptive materials accompanying the object which
explain or depict the object's use.
(7) 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.
"Bodily injury." Impairment of physical condition or
substantial pain.
"Bomb detection dog." A dog that is trained to locate a bomb
or explosives by scent.
"Certified veterinary technician." As defined in section
3(13) of the act of December 27, 1974 (P.L.995, No.326), known
as the Veterinary Medicine Practice Act.
"Conveyance." A truck, tractor, trailer or semitrailer, or a
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." A dog, cat, equine animal, bovine animal,
sheep, goat or porcine animal.
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"Domestic fowl." An avis raised for food, hobby or sport.
"Equine animal." A member of the Equidae family, which
includes horses, asses, mules, ponies and zebras.
"Humane society police officer." As defined in 22 Pa.C.S. §
3702 (relating to definitions).
"Licensed doctor of veterinary medicine." As defined in
section 3(8) of the Veterinary Medicine Practice Act.
"Narcotic detection dog." A dog that is trained to locate
narcotics by scent.
"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.
"Police animal." An animal, including, but not limited to,
dogs and horses, used by the Pennsylvania State Police, a police
department created by a metropolitan transportation authority
operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan
transportation authorities), a police department created under
the act of April 6, 1956 (1955 P.L.1414, No.465), known as the
Second Class County Port Authority Act, the Capitol Police, the
Department of Corrections, a county facility or office or by a
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municipal police department, fire department, search and rescue
unit or agency or handler under the supervision of the
department, search and rescue unit or agency in the performance
of the functions or duties of the department, search and rescue
unit or agency, whether the animal is on duty or not on duty.
The term shall include, but not be limited to, an accelerant
detection dog, bomb detection dog, narcotic detection dog,
search and rescue dog and tracking animal.
"Search and rescue dog." A dog that is trained to locate
lost or missing persons, victims of natural or manmade disasters
and human bodies.
"Serious bodily injury." Bodily injury that creates a
substantial risk of death or causes serious, permanent
disfigurement or protracted loss or impairment of the function
of a bodily member or organ.
"Torture." Any of the following acts directed toward or
against an animal unless directed to be performed by a
veterinarian acting within the normal scope of practice:
(1) Breaking, severing or severely impairing limbs.
(2) Inflicting severe and prolonged pain from burning,
crushing or wounding.
(3) Causing or allowing severe and prolonged pain
through prolonged deprivation of food or sustenance without
veterinary care.
"Tracking animal." An animal that is trained to track or
used to pursue a missing person, escaped inmate or fleeing
felon.
"Veterinarian." A licensed doctor of veterinary medicine,
certified veterinary technician or veterinary assistant.
"Veterinary assistant." As defined in section 3(14) of the
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Veterinary Medicine Practice Act.
§ 5532. Neglect of animal.
(a) Offense defined.--A person commits an offense if the
person fails to provide any of the following for each animal to
which the person has a duty of care, whether belonging to
himself or otherwise:
(1) Necessary sustenance and potable water.
(2) Access to clean and sanitary shelter and protection
from the weather. The shelter must be sufficient to permit
the animal to retain body heat and keep the animal dry.
(3) Necessary veterinary care.
(b) Grading.--
(1) Except as set forth in paragraph (2), a violation of
this section is a summary offense.
(2) If the violation causes bodily injury to the animal
or places the animal at imminent risk of serious bodily
injury, a violation of this section is a misdemeanor of the
third degree.
§ 5533. Cruelty to animal.
(a) Offense defined.--A person commits an offense if the
person intentionally, knowingly or recklessly illtreats,
overloads, beats, abandons or abuses an animal.
(b) Grading.--
(1) Except as set forth in paragraph (2), a violation of
this section is a summary offense.
(2) If the violation causes bodily injury to the animal
or places the animal at imminent risk of serious bodily
injury, a violation of this section is a misdemeanor of the
second degree.
§ 5534. Aggravated cruelty to animal.
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(a) Offense defined.--A person commits an offense if the
person intentionally or knowingly does any of the following:
(1) Tortures an animal.
(2) Violates section 5532 (relating to neglect of
animal) or 5533 (relating to cruelty to animal) causing
serious bodily injury to the animal or the death of the
animal.
(b) Grading.--A violation of this section is a felony of the
third degree.
§ 5535. Attack of guide dog.
(a) Offense defined.--A person commits a misdemeanor of the
third degree if the person is the owner of a dog that kills,
maims or disfigures a guide dog of an individual who is blind, a
hearing dog of an individual who is deaf or audibly impaired or
a service dog of an individual who is physically limited without
provocation by the guide, hearing or service dog or the
individual.
(b) Culpability.--A person commits an offense under this
section only if the person knew or should have known that the
dog the person owns had a propensity to attack human beings or
domestic animals without provocation, and the owner knowingly or
recklessly failed to restrain the dog or keep the dog in a
contained, secure manner.
(c) Penalty.--A person convicted of violating this section
shall be sentenced to pay a fine of not more than $5,000 and
shall be ordered to make reparations for veterinary costs in
treating the guide, hearing or service dog and, if necessary,
the cost of obtaining and training a replacement guide, hearing
or service dog.
(d) Civil penalty and restitution.--
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(1) A person who is the owner of a dog that kills, maims
or disfigures a guide dog of an individual who is blind, a
hearing dog of an individual who is deaf or audibly impaired
or a service dog of an individual who is physically limited
shall be subject to paragraph (2) if both of the following
apply:
(i) The owner knew the dog had a propensity to
attack human beings or domestic animals.
(ii) The owner failed to restrain the dog or keep
the dog in a contained, secure manner.
(2) A court of common pleas may impose any of the
following upon a person who is the owner of a dog under
paragraph (1):
(i) A civil penalty of up to $15,000.
(ii) Reparations for veterinary costs in treating
the guide, hearing or service dog and, if necessary, the
cost of retraining the dog or of obtaining and training a
replacement guide, hearing or service dog.
(iii) Loss of income for the time the individual is
unable to work due to the unavailability of the guide,
hearing or service dog.
§ 5536. Tethering of unattended dog.
(a) Presumptions.--
(1) Tethering an unattended dog out of doors for less
than nine hours within a 24-hour period when all of the
following conditions are present shall create a rebuttable
presumption that a dog has not been the subject of neglect
within the meaning of section 5532:
(i) The tether is of a type commonly used for the
size and breed of dog and is at least three times the
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length of the dog as measured from the tip of its nose to
the base of its tail or 10 feet, whichever is longer.
(ii) The tether is secured to a well-fitted collar
or harness by means of a swivel anchor, swivel latch or
other mechanism designed to prevent the dog from becoming
entangled.
(iii) The tethered dog has access to potable water
and an area of shade that permits the dog to escape the
direct rays of the sun.
(iv) The dog has not been tethered for longer than
30 minutes in temperatures above 90 or below 32 degrees
Fahrenheit.
(2) The presence of any of the following conditions
regarding tethering an unattended dog out of doors shall
create a rebuttable presumption that a dog has been the
subject of neglect within the meaning of section 5532:
(i) Excessive waste or excrement in the area where
the dog is tethered.
(ii) Open sores or wounds on the dog's body.
(iii) The use of a tow or log chain, or a choke,
pinch, prong or chain collar.
(b) Construction.--This section shall not be construed to
prohibit any of the following:
(1) Tethering a dog while actively engaged in lawful
hunting, exhibition, performance events or field training.
(2) Tethering a hunting, sporting or sledding dog breed
where tethering is integral to the training, conditioning or
purpose of the dog.
(3) Tethering a dog in compliance with the requirements
of a camping or recreational area.
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(4) 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.
§ 5537. Selling or using disabled horse.
A person commits a summary offense if the person offers for
sale or sells a horse, which by reason of debility, disease or
lameness, or for other cause, could not be worked or used
without violating the laws against cruelty to animals, or leads,
rides, drives or transports any such horse for any purpose,
except that of conveying the horse to the nearest available
appropriate facility for humane keeping or destruction or for
medical or surgical treatment.
§ 5538. Transporting animals in cruel manner.
(a) Offense defined.--A person commits a summary offense if
the person carries, or causes or allows to be carried, in or
upon any cart or other vehicle whatsoever an animal in a cruel
or inhumane manner. The person taking the offender into custody
may take charge of the animal and of the vehicle and the
vehicle's contents, and deposit the same in a safe place of
custody, and the necessary expenses that may be incurred for
taking charge of and keeping the same, and sustaining the
animal, shall be a lien thereon, to be paid before the same can
lawfully be recovered, or the expenses or any part thereof
remaining unpaid may be recovered by the person incurring the
same from the owner of the animal in an action therefor.
(b) Exception.--For the purposes of this section, it shall
not be deemed cruel or inhumane to transport live poultry in
crates so long as not more than 15 pounds of live poultry are
allocated to each cubic foot of space in the crate.
§ 5539. Transporting equine animals in cruel manner.
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Notwithstanding any other provision of law, a person commits
a summary offense for each equine animal if the person carries,
or causes or allows to be carried, an equine animal in or upon a
conveyance or other vehicle whatsoever with two or more levels
stacked on top of one another. A person who violates this
section on a second or subsequent occasion commits a misdemeanor
of the third degree for each equine animal transported.
§ 5540. Hours of labor of animals.
(a) Offense defined.--A person commits a summary offense if
the person leads, drives, rides or works or causes or permits
another person to lead, drive, ride or work a horse, mule, ox or
other animal, whether belonging to the person or in the person's
possession or control, for more than 15 hours in a 24-hour
period or more than 90 hours in one week.
(b) Construction.--Nothing in this section shall be
construed to warrant a person leading, driving, riding or
walking an animal for a period less than 15 hours, when doing so
shall in any way violate the laws against cruelty to animals.
§ 5541. Cruelty to cow to enhance appearance of udder.
A person commits a summary offense if the person kneads or
beats or pads the udder of a cow, or willfully allows it to go
unmilked for a period of 24 hours or more, for the purpose of
enhancing the appearance or size of the udder of the cow, or by
a muzzle or any other device, prevents the cow's calf, if less
than six weeks old, from obtaining nourishment, and thereby
relieving the udder of the cow, for a period of 24 hours.
§ 5542. Animal mutilation and related offenses.
(a) Cropping of ear.--The following apply:
(1) A person commits an offense under section 5533
(relating to cruelty to animal) if the person crops, trims or
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cuts off, or causes or procures to be cropped, trimmed or cut
off, the whole or part of the ear or ears of a dog.
(2) The provisions of this subchapter shall not prevent
a veterinarian from cropping, trimming or cutting off the
whole or part of the ear or ears of a dog when the dog is
anesthetized and shall not prevent a person from causing or
procuring the cropping, trimming or cutting off of a dog's
ear or ears by a veterinarian.
(3) The possession by a person of a dog with an ear or
ears cropped, trimmed or cut off and with the wound or
incision site 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 by
the person, except as provided for in this subsection.
(4) A person who procures the cropping, trimming or
cutting off of the whole or part of an ear or ears of a dog
shall record the procedure. The record shall include the name
of the attending veterinarian and the date and location at
which the procedure was performed. The record shall be kept
as long as the wound or incision site is unhealed and shall
be transferred with the dog during that period of time.
(b) Debarking.--The following apply:
(1) A person commits an offense under section 5533 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 a part of its resonance chamber.
(2) The provisions of this subchapter shall not prevent
a veterinarian from cutting the vocal cords or otherwise
altering the resonance chamber of a dog when the dog is
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anesthetized and shall not prevent a person from causing or
procuring a debarking procedure by a veterinarian.
(3) The possession by a person of a dog with the vocal
cords cut or the resonance chamber otherwise altered and with
the wound or incision site resulting therefrom unhealed, or
any such dog being found in the charge or custody of a person
or confined upon the premises owned by or under the control
of a person, shall be prima facie evidence of a violation by
the person, except as provided in this subsection.
(4) A person who procures the cutting of vocal cords or
the alteration of the resonance chamber of a dog shall record
the procedure. The record shall include the name of the
attending veterinarian and the date and location at which the
procedure was performed. The record shall be kept as long as
the wound or incision site is unhealed and shall be
transferred with the dog during that period of time.
(c) Docking of tail.--The following apply:
(1) A person commits an offense under section 5533 if
the person docks, cuts off, causes or procures the docking or
cutting off of the tail of a dog over five days old.
(2) The provisions of this subchapter shall not prevent
a veterinarian from docking, cutting off 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 off or docking of a tail of a dog by a
veterinarian as provided in this subsection.
(3) The provisions of this subchapter shall not prevent
a veterinarian from surgically removing, docking, cutting off
or cropping the tail of a dog between five days and 12 weeks
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of age if, in the veterinarian's professional judgment, the
procedure is medically necessary for the health and welfare
of the dog. If the procedure is performed, it shall be done
in accordance with generally accepted standards of veterinary
practice.
(4) The possession by a person of a dog with a tail cut
off or docked and with the wound or incision site 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 by the person, except as provided in
this subsection.
(5) A person who procures the cutting off or docking of
a tail of a dog shall record the procedure. The record shall
include the name of the attending veterinarian and the date
and location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during that
period of time.
(d) Surgical birth.--The following apply:
(1) A person commits an offense under section 5533 if
the person surgically births or causes or procures a surgical
birth.
(2) The provisions of this subchapter shall not prevent
a veterinarian from surgically birthing a dog when the dog is
anesthetized and shall not prevent a person from causing or
procuring a surgical birthing by a veterinarian.
(3) The possession by a person of a dog with a wound or
incision site resulting from a surgical birth unhealed, or
any such dog being found in the charge or custody of a person
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or confined upon the premises owned by or under the control
of any person, shall be prima facie evidence of a violation
by the person, except as provided in this subsection.
(4) A person who procures the surgical birth of a dog
shall record the procedure. The record shall include the name
of the attending veterinarian and the date and location at
which the procedure was performed. The record shall be kept
as long as the wound or incision site is unhealed and shall
be transferred with the dog during that period of time.
(5) This subsection 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.
(e) Declawing.--The following apply:
(1) A person commits an offense under section 5533 if
the person cuts off or causes or procures the cutting off of
the dewclaw of a dog over five days old.
(2) The provisions of this subchapter shall not prevent
a veterinarian from cutting the dewclaw and shall not prevent
a person from causing or procuring the procedure by a
veterinarian.
(3) The possession by a person of a dog with the dewclaw
cut off and with the wound or incision site resulting
therefrom unhealed, or any such dog being found in the charge
or custody of a person or confined upon the premises owned by
or under the control of a person, shall be prima facie
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evidence of a violation by the person, except as provided in
this subsection.
(4) A person who procures the cutting off of the dewclaw
of a dog shall record the procedure. The record shall include
the name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during that
period of time.
(f) Additional penalty.--In addition to any other penalty
provided by law, upon conviction for conduct described in this
section, the court may order the convicted person to undergo a
psychological or psychiatric evaluation and to undergo treatment
at the convicted person's expense that the court determines to
be appropriate after due consideration of the evaluation.
§ 5543. Animal fighting.
A person commits a felony of the third degree if the person:
(1) for amusement or gain, causes, allows or permits an
animal to engage in animal fighting;
(2) receives compensation for the admission of another
person to a place kept or used for animal fighting;
(3) owns, possesses, keeps, trains, promotes, purchases,
steals or acquires in any manner or knowingly sells an 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 a place under the person's control
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or possession to be kept or used for animal fighting.
§ 5544. Possession of animal fighting paraphernalia.
In addition to any other penalty provided by law, a person
commits a misdemeanor of the third degree if the person
knowingly owns or possesses animal fighting paraphernalia.
§ 5545. Killing homing pigeons.
A person commits a summary offense if the person shoots,
maims or kills an antwerp or homing pigeon, either while on
flight or at rest, or detains or entraps a pigeon which carries
the name of the pigeon's owner.
§ 5546. Skinning of and selling or buying pelts of dogs and
cats.
A person commits a summary offense if the person skins a dog
or cat or offers for sale or exchange or offers to buy or
exchange the pelt or pelts of a dog or cat.
§ 5547. Live animals as prizes prohibited.
(a) General rule.--No person shall give or offer to give
away a live animal, except fish, as a prize in a drawing,
lottery, contest, sweepstakes or other game. No person operating
a drawing, lottery, contest, sweepstakes or other game shall
sell or offer to sell a live animal, except fish, in conjunction
with the operation of a drawing, lottery, contest, sweepstakes
or other game.
(b) Regulating certain actions concerning fowl or rabbits.--
No person shall sell, offer for sale, barter or give away baby
chickens, ducklings or other fowl under one month of age or
rabbits under two months of age as pets, toys, premiums or
novelties or color, dye, stain or otherwise change the natural
color of baby chickens, ducklings or other fowl or rabbits. This
subsection shall not be construed to prohibit the sale or
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display of baby chickens, ducklings or other fowl or rabbits in
proper facilities by persons engaged in the business of selling
them for purposes of commercial breeding and raising.
(c) Exception.--
(1) This section shall not apply to a domestic animal
given away or sold in connection with an agricultural,
educational or vocational program sponsored or sanctioned by
the Department of Agriculture.
(2) The Department of Agriculture shall promulgate the
rules and regulations necessary to provide the conditions and
requirements of live animal offerings under this subsection.
(d) Penalty.--A violation of this section constitutes a
summary offense punishable by a fine of not more than $250.
§ 5548. Police animals.
(a) Illegal to taunt police animals.--It shall be unlawful
for a person to intentionally or knowingly taunt, torment,
tease, beat, kick or strike a police animal. A person who
violates the provisions of this subsection commits a felony of
the third degree.
(b) Illegal to torture police animals.--It shall be unlawful
for a person to intentionally or knowingly torture, mutilate,
injure, disable, poison or kill a police animal. A person who
violates the provisions of this subsection commits a felony of
the second degree.
(c) Restitution.--In a case in which a defendant is
convicted of a violation of subsection (a) or (b), the defendant
shall be ordered to make restitution to the agency or individual
owning the animal for veterinary bills, for replacement costs of
the animal if it is disabled or killed and for the salary of the
animal's handler for the period of time the handler's services
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are lost to the agency.
§ 5549. Assault with a biological agent on animal, fowl or
honey bees.
(a) Offense defined.--A person commits a felony of the
second degree if the person intentionally, knowingly or
maliciously exposes or causes to be exposed an animal, fowl or
honey bees to a virus, bacteria, prion or other agent which
causes infectious disease, including any of the following:
(1) Foot-and-mouth disease.
(2) Bovine spongiform encephalopathy (BSE), commonly
known as mad cow disease.
(3) Avian influenza.
(4) Varroa mite.
(b) Restitution.--The person convicted of violating this
section shall, in addition to any other sentence imposed, be
sentenced to pay the owner of the afflicted animal, fowl or
honey bees restitution in an amount equal to the cost of the
financial damages incurred as a result of the offense, including
the following:
(1) Value of afflicted animal, fowl or honey bees.
(2) Disposal of afflicted animal, fowl or honey bees.
(3) Testing for disease on existing animal.
(4) Cleanup and sanitization of property and buildings
on and in which afflicted animals, fowl or honey bees were
located.
(5) Liability insurance for cleanup and sanitization
workers.
(6) Soil testing of property.
(7) Loss of revenue for the aggrieved owner of afflicted
animal, fowl or honey bees.
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(c) Exceptions.--The provisions of this section shall not
apply to research or veterinarian services, including
immunizations, vaccinations or other treatments administered
during the normal scope of practice.
§ 5550. Fine and term of imprisonment for summary offense.
Unless otherwise specifically provided, a person convicted of
a summary offense under this subchapter shall, upon conviction,
be sentenced to pay a fine of not less than $50 nor more than
$750 or imprisonment for not more than 90 days, or both.
§ 5551. Power to initiate criminal proceedings.
An agent of a society or association for the prevention of
cruelty to animals, incorporated under the laws of this
Commonwealth, shall have the same powers to initiate criminal
proceedings provided for police officers by the Pennsylvania
Rules of Criminal Procedure. An agent of a society or
association for the prevention of cruelty to animals,
incorporated under the laws of this Commonwealth, shall have
standing to request a court of competent jurisdiction to enjoin
a violation of this subchapter.
§ 5552. Seizure of animals kept or used for animal fighting.
A police officer or agent of a society or association for the
prevention of cruelty to animals incorporated under the laws of
this Commonwealth shall have power to seize an animal kept, used
or intended to be used for animal fighting. When the seizure is
made, the animal or animals seized shall not be deemed
absolutely forfeited but shall be held by the officer or agent
seizing the animal or animals until a conviction of a person is
first obtained for a violation of section 5543 (relating to
animal fighting) or forfeiture is obtained under the act of July
9, 2013 (P.L.263, No.50), known as the Costs of Care of Seized
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Animals Act. The officer or agent making the seizure shall make
due return to the issuing authority of the number and kind of
animals or creatures seized by the officer or agent. Where an
animal is seized, the police officer or agent is authorized to
provide the care that is reasonably necessary and, where an
animal seized is found to be disabled, injured or diseased
beyond reasonable hope of recovery, the police officer or agent
is authorized to provide for the humane destruction of the
animal. In addition to any other penalty provided by law, the
authority imposing sentence upon a conviction for a violation of
section 5543 shall order the forfeiture or surrender of an
abused or neglected animal of the defendant to a society or
association for the prevention of cruelty to animals duly
incorporated under the laws of this Commonwealth and shall
require that the owner pay the cost of the keeping, care and
destruction of the animal.
§ 5553. Search warrants.
Where a violation of this subchapter is alleged, an issuing
authority may, in compliance with the applicable provisions of
the Pennsylvania Rules of Criminal Procedure, issue to a police
officer or an agent of a society or association for the
prevention of cruelty to animals duly incorporated under the
laws of this Commonwealth a search warrant authorizing the
search of a building or an enclosure in which a violation of
this subchapter is occurring or has occurred and authorizing the
seizure of evidence of the violation, including, but not limited
to, the animals which were the subject of the violation. Where
an animal seized is found to be neglected or starving, the
police officer or agent is authorized to provide the care that
is reasonably necessary and, where any animal seized is found to
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be disabled, injured or diseased beyond reasonable hope of
recovery, the police officer or agent is authorized to provide
for the humane destruction of the animal. The cost of the
keeping, care and destruction of the animal shall be paid by the
owner of the animal, and claims for the costs shall constitute a
lien upon the animal. In addition to any other penalty provided
by law, the authority imposing sentence upon a conviction for a
violation of this subchapter may require that the owner pay the
cost of the keeping, care and destruction of the animal. No
search warrant shall be issued based upon an alleged violation
of this subchapter which authorizes a police officer or agent or
other person to enter upon or search premises where scientific
research work is being conducted by or under the supervision of
graduates of duly accredited scientific schools or where
biological products are being produced for the care or
prevention of disease.
§ 5554. Forfeiture.
(a) General rule.--Except as provided under subsection (b),
in addition to any other penalty provided by law, the authority
imposing sentence upon a conviction for a violation of this
subchapter may order the forfeiture or surrender of an abused or
neglected animal of the defendant to a society or association
for the prevention of cruelty to animals duly incorporated under
the laws of this Commonwealth.
(b) Forfeiture required for felony offense.--If the
conviction under this subchapter is for an offense graded as a
felony, the authority imposing sentence shall order forfeiture
or surrender of an abused or neglected animal of the defendant
to a society or association for the prevention of cruelty to
animals duly incorporated under the laws of this Commonwealth.
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§ 5555. Prohibition of ownership.
Notwithstanding any provision of law and in addition to any
other penalty provided by law, the authority imposing sentence
upon a conviction for a violation of this subchapter may order
the prohibition or limitation of the defendant's ownership,
possession, control or custody of animals or employment with the
care of animals for a period of time not to exceed the statutory
maximum term of imprisonment applicable to the offense for which
sentence is being imposed. A humane society police officer, law
enforcement officer or State dog warden shall have authority to
ensure compliance with this section and may notify the local
district attorney who may petition the court to remove animals
kept in violation of this section.
§ 5556. Civil immunity for veterinarians.
(a) A veterinarian who reports, in good faith and in the
normal course of business, a suspected violation of this
subchapter to the proper authority shall not be liable for civil
damages as a result of reporting the incident.
(b) Nonapplicability.--Subsection (a) shall not apply to an
act or omission intentionally designed to harm or to an act or
omission that constitutes gross negligence or willful, wanton or
reckless conduct.
§ 5557. Civil immunity for humane society police officers.
(a) General rule.--A humane society police officer acting in
good faith and within the scope of the authority provided under
this subchapter shall not be liable for civil damages as a
result of an act or omission in the course of an investigation
or enforcement action.
(b) Nonapplicability.--Subsection (a) shall not apply to an
act or omission intentionally designed to harm, or to an act or
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omission that constitutes gross negligence or willful, wanton or
reckless conduct.
§ 5558. Representation of humane society by attorney.
Upon prior authorization and approval by the district
attorney of the county in which the proceeding is held, an
association or agent may be represented in a proceeding under
this subchapter by an attorney admitted to practice before the
Supreme Court of Pennsylvania and in good standing. Attorney
fees shall be borne by the humane society or association that is
represented.
§ 5559. Construction of subchapter.
The provisions of this subchapter shall not supersede the act
of December 7, 1982 (P.L.784, No.225), known as the Dog Law.
§ 5560. Exemption of normal agricultural operations.
Sections 5532 (relating to neglect of animal), 5533 (relating
to cruelty to animal), 5534 (relating to aggravated cruelty to
animal), 5536 (relating to tethering of unattended dog) and 5543
(relating to animal fighting) shall not apply to activity
undertaken in a normal agricultural operation.
§ 5561. Nonapplicability of subchapter.
(a) Game law.--This subchapter shall not apply to, interfere
with or hinder any activity which is authorized or permitted
under 34 Pa.C.S. (relating to game) or the regulations
promulgated under those laws.
(b) Exemptions.--The provisions of this subchapter shall not
apply to the following:
(1) The killing of a dog or cat by the owner of that
animal if it is accomplished in accordance with the act of
December 22, 1983 (P.L.303, No.83), known as the Animal
Destruction Method Authorization Law.
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(2) The killing of an animal found pursuing, wounding or
killing a domestic animal or domestic fowl.
(3) The killing of an animal or fowl under 34 Pa.C.S. §§
2384 (relating to declaring dogs public nuisances) and 2385
(relating to destruction of dogs declared public nuisances)
or regulations promulgated under 34 Pa.C.S. §§ 2384 and 2385.
(4) Reasonable activity that may be undertaken with
vermin control or pest control.
(5) Shooting activities not otherwise prohibited under
this subchapter.
(6) Conduct that is lawful under the laws of the United
States or this Commonwealth relating to activities undertaken
by a research facility that is one of the following:
(i) Registered and inspected under the Animal
Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.).
(ii) Subject to the Public Health Service Policy on
Humane Care and Use of Laboratory Animals provided for
under the Public Health Service Act (58 Stat. 682, 42
U.S.C. § 201 et seq.).
(iii) Subject to the provisions of 21 CFR Pt. 58
(relating to good laboratory practice for nonclinical
laboratory studies) under the Federal Food, Drug and
Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) or
the Public Health Service Act.
Section 5. The definitions of "cruelty to animals laws" and
"humane society police officer" in section 3702 of Title 22 are
amended to read:
§ 3702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
* * *
"Cruelty to animals laws." The provisions of 18 Pa.C.S. [§
5511] Ch. 55 Subch. B (relating to cruelty to animals).
* * *
"Humane society police officer." Any person who holds a
current appointment under this chapter to act as a humane
society police officer for a society or association for the
prevention of cruelty to animals. The term shall include an
individual who is an agent of a society or association for the
prevention of cruelty to animals as "agent" is used in 18
Pa.C.S. [§ 5511] Ch. 55 Subch. B (relating to cruelty to
animals), provided that individual holds a current appointment
under this chapter.
* * *
Section 6. Sections 3704(a), 3705, 3706(a), 3708(a), 3710
and 3716 of Title 22 are amended to read:
§ 3704. Appointment by nonprofit corporations.
(a) Application for appointment.--A society or association
may apply to the court of common pleas in any county for the
appointment of an individual as a humane society police officer
for that county[.] by providing proof of qualification under
section 3705 (relating to qualifications for appointment) to the
court of common pleas and to the district attorney. The court,
upon [such application which includes proof of qualification
under section 3705 (relating to qualifications for appointment),
shall] reviewing the application and considering the
recommendation, if any, of the district attorney, may by order
appoint such person to be a humane society police officer.
* * *
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§ 3705. Qualifications for appointment.
[An individual shall be qualified for an] In order for an
individual to be considered for appointment as a humane society
police officer [provided], the society or association [submits]
must submit proof satisfactory to the court of common pleas and
the district attorney in each county for which the society or
association directs the individual to act as a humane society