PRINTER'S NO. 452
No. 388 Session of 2003
INTRODUCED BY ROHRER, BASTIAN, CREIGHTON, FAIRCHILD, HENNESSEY,
HERSHEY, HORSEY, JAMES, R. MILLER, S. MILLER, SATHER, SEMMEL,
SOLOBAY AND WILT, FEBRUARY 24, 2003
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 24, 2003
AN ACT
1 Amending the act of December 12, 1994 (P.L.956, No.135),
2 entitled "An act providing for humane society police
3 officers' appointment, qualifications, authority and
4 discipline; further providing for search warrants; and
5 conferring powers and duties on the Department of
6 Agriculture," providing for prohibitions and penalties.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of December 12, 1994 (P.L.956, No.135),
10 known as the Humane Society Police Officer Enforcement Act, is
11 amended by adding sections to read:
12 Section 7.1. Prohibitions.
13 (a) Individuals.--An individual may not pretend to hold the
14 position of humane society police officer.
15 (b) Organizations.--A society or association for the
16 prevention of cruelty to animals may not knowingly permit an
17 individual to violate subsection (a).
18 Section 7.2. Penalties.
19 (a) Criminal.--
1 (1) Except as provided in paragraph (2) or (3), a person
2 who violates this act commits a summary offense and shall,
3 upon conviction, be sentenced to pay a fine of $300 or to
4 imprisonment for not more than 90 days, or both.
5 (2) A person who, after being sentenced on two occasions
6 under paragraph (1), violates a provision of this act other
7 than section 7.1(a) within one year of the first sentencing
8 commits a misdemeanor of the third degree and shall, upon
9 conviction, be sentenced to pay a fine of $2,500 or to
10 imprisonment for not more than one year, or both.
11 (3) An individual who violates section 7.1(a) commits a
12 misdemeanor of the second degree and shall, upon conviction,
13 be sentenced to pay a fine of $5,000 or to imprisonment for
14 not more than two years, or both, and shall be ordered to
15 make full restitution to the victim for financial loss or
16 expenditure resulting from the violation.
17 (b) Civil.--In addition to any criminal penalty, a society
18 or association for the prevention of cruelty to animals which
19 violates section 7.1(b) shall be subject to a civil penalty of
20 not less than $1,000 nor more than $5,000.
21 Section 2. This act shall take effect in 60 days.
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