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A02459
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1216
Session of
2017
INTRODUCED BY FARRY, D. COSTA, W. KELLER, FREEMAN, MILLARD,
READSHAW, CORBIN, McNEILL, DONATUCCI, V. BROWN, DEAN,
KAUFFMAN, SOLOMON, BULLOCK, DeLUCA, SCHLOSSBERG, WARD, RYAN,
WHEELAND, MASSER, WARREN, HILL-EVANS, GILLEN, DiGIROLAMO,
DAVIS, ROZZI, RADER, SAINATO, WATSON AND ELLIS,
APRIL 17, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 28, 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.
AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, IN PARTICULAR RIGHTS AND
IMMUNITIES, PROVIDING FOR RESCUE FROM MOTOR VEHICLE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 5511. Cruelty to animals.
* * *
(h.3) Leaving animal in unattended vehicle.--
(1) A person owes a duty of care to a dog or cat that
the person leaves confined in an unattended vehicle.
(2) No police officer, humane society police officer or
firefighter who enters into an unattended vehicle in order to
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rescue a dog or cat, nor the employer of any such person,
shall be liable for any damage caused by the rescue, provided
that the person:
(i) Prior to entry, makes a reasonable effort to
locate the person who owes a duty of care to the animal.
(ii) Acts under a reasonable belief that the animal
is in severe physical distress.
(iii) Takes reasonable steps to ensure or restore
the well-being of the animal.
(iv) Leaves a note on or in the vehicle stating the
names of the person and the person's employer, a
telephone number and the location where the animal may be
retrieved.
(3) The immunity provided in paragraph (2) shall apply
regardless of whether the person is charged with or found
guilty of committing an offense under this section.
* * *
Section 2. This act shall take effect in 60 days.
SECTION 1. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 8340.3. RESCUE FROM MOTOR VEHICLE.
(A) (RESERVED).
(B) RESCUE OF ANIMAL dog or cat .--NO LAW ENFORCEMENT
OFFICER, HUMANE SOCIETY POLICE OFFICER OR EMERGENCY RESPONDER,
OR THE EMPLOYER OF A LAW ENFORCEMENT OFFICER, HUMANE SOCIETY
POLICE OFFICER OR EMERGENCY RESPONDER, SHALL BE LIABLE FOR
DAMAGE TO A MOTOR VEHICLE OR THE CONTENTS THEREOF CAUSED BY
ENTRY INTO THE MOTOR VEHICLE FOR THE PURPOSE OF REMOVING AN
ANIMAL a dog or cat , IF THE LAW ENFORCEMENT OFFICER, HUMANE
SOCIETY POLICE OFFICER OR EMERGENCY RESPONDER:
(1) HAS A GOOD-FAITH, REASONABLE BELIEF THAT THE ANIMAL
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dog or cat IS IN IMMINENT DANGER OF SUFFERING HARM IF NOT
IMMEDIATELY REMOVED FROM THE MOTOR VEHICLE.
(2) MAKES A REASONABLE EFFORT TO LOCATE THE DRIVER OF
THE MOTOR VEHICLE PRIOR TO ENTRY.
(3) TAKES REASONABLE STEPS TO ENSURE OR RESTORE THE
WELL-BEING OF THE ANIMAL dog or cat .
(4) USES NO MORE FORCE THAN NECESSARY UNDER THE
CIRCUMSTANCES TO ENTER THE MOTOR VEHICLE.
(5) LEAVES NOTICE ON OR IN THE MOTOR VEHICLE STATING THE
REASON ENTRY WAS MADE, THE NAME OF THE PERSON AND OF THE
PERSON'S EMPLOYER, A TELEPHONE NUMBER AND, IF POSSIBLE, THE
LOCATION WHERE THE ANIMAL dog or cat MAY BE RETRIEVED.
(C) LIMITATION.--A PERSON SHALL NOT BE IMMUNE FROM CIVIL
LIABILITY FOR DAMAGE RESULTING FROM THE ENTRY IF THE PERSON'S
ACTIONS CONSTITUTE GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL OR
WANTON MISCONDUCT.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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