PRINTER'S NO. 974
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
779
Session of
2017
INTRODUCED BY TOMLINSON, RAFFERTY, FOLMER, COSTA, BOSCOLA, WARD,
STEFANO, BREWSTER, REGAN, RESCHENTHALER AND MENSCH,
JUNE 16, 2017
REFERRED TO JUDICIARY, JUNE 16, 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; and, in trade and commerce, further
providing for the offense of discrimination on account of
guide, signal or service dog or other aid animal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(a)(1)(iii) and (2.1)(i)(A), (a.1)(1)
and (3), (a.2)(1) introductory paragraph and (2) of Title 18 of
the Pennsylvania Consolidated Statutes are amended and
subsection (q) is amended by adding a definition to read:
§ 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
animals, etc.--
(1) A person commits a misdemeanor of the second degree
if he willfully and maliciously:
* * *
(iii) Harasses, annoys, injures, attempts to injure,
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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.] service, guide or support dog
of an individual with a disability.
* * *
(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
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] service, guide or support dog of an
individual with a disability, 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.
* * *
(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]
service, guide or support dog of an individual with a
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disability without provocation by the [guide, hearing or
service] service, guide or support dog or the individual.
* * *
(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]
service, guide or support dog and, if necessary, the cost of
obtaining and training a replacement [guide, hearing or
service] service, guide or support 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
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] service, guide or support dog of an
individual with a disability shall be subject to paragraph
(2) if all of the following apply:
* * *
(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] service, guide or support
dog and, if necessary, the cost of retraining the dog or
of obtaining and training a replacement [guide, hearing
or service] service, guide or support dog.
(iii) Loss of income for the time the individual is
unable to work due to the unavailability of the [guide,
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hearing or service] service, guide or support dog.
* * *
(q) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Service, guide or support dog." A dog that is trained to do
work or perform tasks for the benefit of an individual with a
disability consistent with Federal and State laws relating to
service animals.
* * *
Section 2. Section 7325 of Title 18 is amended to read:
§ 7325. Discrimination on account of [guide, signal or service]
service, guide or support dog or other aid animal.
(a) Offense.--A person is guilty of a summary offense if he,
being the proprietor, manager or employee of a theatre, hotel,
restaurant or other place of public accommodation, entertainment
or amusement, refuses, withholds or denies any person, who is
using a [guide, signal or service] service, guide or support dog
or other aid animal that has been certified by a recognized
authority to assist a person, because of the [physical
disability, blindness or deafness of the user] disability of the
person, or who is training a [guide, signal or support] service,
guide or support dog or other aid animal for or from a
recognized authority for such a user, the use of or access to
any accommodation, advantage, facility or privilege of such
theatre, hotel, restaurant or other place of public
entertainment or amusement.
(b) Definition.--As used in this section, the term "service,
guide or support dog" means a dog that is trained to do work or
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perform tasks for the benefit of an individual with a disability
consistent with Federal and State laws relating to service
animals.
Section 3. This act shall take effect in 60 days.
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