H0869B3013A10663 SFR:CMD 10/18/16 #90 A10663
AMENDMENTS TO HOUSE BILL NO. 869
Sponsor: SENATOR ALLOWAY
Printer's No. 3013
Amend Bill, page 1, lines 6 through 9, by striking out all of
said lines
Amend Bill, page 1, by inserting after line 16
Section 1. Section 5511(a)(2.1), (c) and (m) of Title 18 of
the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding subsections to read:
§ 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
animals, etc.--
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(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 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.]
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(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
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.
(v) For purposes of this paragraph, "torture" shall
include any of the following, unless directed to be
performed by a licensed veterinarian:
(A) breaking, severing or severely impairing
limbs;
(B) inflicting severe and prolonged pain from
burning, crushing or wounding; or
(C) 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.
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(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]
subparagraphs (ii) and (iii), 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.].
(iii) A person convicted of violating paragraph (1)
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in combination with a first violation of paragraph (4) or
(5) or subsection (c.1) commits a misdemeanor of the
third degree.
(3) This subsection shall not apply to activity
undertaken in normal agricultural operation.
(4) Tethering an unattended dog out of doors 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.
When the same dog is observed to be tethered in the same
location that it was after an initial observation of the dog
in that location, there shall be a rebuttable presumption
that the dog has been continuously tethered in that location
since the initial observation. 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 aside from the shelter
required by this section.
(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 out of doors for more
than 30 minutes in temperatures above 90 degrees or below
32 degrees Fahrenheit.
(iii) The dog is tethered in an area where a severe
weather warning has been issued by the National Weather
Service.
(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 or sporting 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.
(7) A person who commits an offense under paragraph (4)
or (5) shall, upon conviction, be sentenced to pay:
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(i) a fine of not less than $200 nor more than $750;
(ii) all veterinary costs;
(iii) shelter costs, which may not exceed $15 per
day per dog; and
(iv) court costs.
(c.1) Shelters for dogs.--
(1) A person in charge or control of a dog which is kept
outdoors or in an unheated enclosure shall, at a minimum,
provide the dog with shelter and bedding as follows:
(i) The following shall apply:
(A) The shelter must be a moisture-proof and
wind-proof structure of suitable size to accommodate
the dog and allow retention of body heat. At minimum,
a shelter must meet the following dimensions:
(I) Depth - dog's length plus 12 inches.
(II) Width - dog's length plus 18 inches.
(III) Height - dog's height plus 3 inches on
the low side of the shelter and dog's height plus
9 inches on the high side of the shelter.
(B) The shelter must be made of durable material
with a solid, moisture-proof floor raised at least
three inches from the ground.
(C) The roof must extend eight inches over the
doorway to keep out rain.
(D) The shelter may not be constructed of any
material that readily conducts heat or cold.
(ii) Between May 1 and October 31, the person in
charge or control of the dog must ensure that the dog is
provided with shade from the direct rays of the sun.
(iii) Between November 1 and March 31, the structure
must have a windbreak at the entrance. The person in
charge or control of the dog must provide a sufficient
quantity of suitable bedding material to provide
insulation and protection against cold and dampness and
promote retention of body heat. Hay, blankets, rags or
other material that retains moisture may not be utilized
for bedding.
(2) (i) Except as provided under subsection (c)(2) or
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.
(3) A person who commits an offense under this
subsection shall, upon conviction, be sentenced to pay:
(i) a fine of not less than $200 nor more than $750;
(ii) all veterinary costs;
(iii) shelter costs, which may not exceed $15 per
day per dog; and
(iv) court costs.
(c.2) Aggravated cruelty to animals.--
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(1) A person commits the offense of aggravated cruelty
to animals if an animal suffers bodily injury, as defined in
18 Pa.C.S. § 2301 (relating to definitions), as a result of
the person knowingly or recklessly:
(i) torturing or abusing an animal;
(ii) neglecting an animal as to which he has a duty
of care; or
(iii) depriving an 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 the animal dry.
(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 18 Pa.C.S. § 2301, or death commits a
felony of the third degree.
(3) This subsection shall not apply to activity
undertaken in normal agricultural operation.
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