PRINTER'S NO. 2612

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2097 Session of 1995


        INTRODUCED BY BUNT, VEON, FICHTER, PHILLIPS, KREBS, COLAFELLA,
           B. SMITH, READSHAW, SATHER, NAILOR, HERSHEY, TRUE, LYNCH,
           SAYLOR, PETTIT, ROONEY, GANNON, L. I. COHEN, HALUSKA,
           STABACK, GRUPPO, BARD, MELIO, SEMMEL, TRELLO, McGILL,
           BELARDI, E. Z. TAYLOR AND CIVERA, OCTOBER 17, 1995

        REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           OCTOBER 17, 1995

                                     AN ACT

     1  Amending the act of December 7, 1982 (P.L.784, No.225), entitled
     2     "An act relating to dogs, regulating the keeping of dogs;
     3     providing for the licensing of dogs and kennels; providing
     4     for the protection of dogs and the detention and destruction
     5     of dogs in certain cases; regulating the sale and
     6     transportation of dogs; declaring dogs to be personal
     7     property and the subject of theft; providing for the
     8     assessment of damages done to livestock, poultry and domestic
     9     game birds; providing for payment of damages by the
    10     Commonwealth in certain cases and the liability of the owner
    11     or keeper of dogs for such damages; imposing powers and
    12     duties on certain State and local officers and employees;
    13     providing penalties; and creating a Dog Law Restricted
    14     Account," further providing for law enforcement dogs.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  Section 602 of the act of December 7, 1982
    18  (P.L.784, No.225), known as the Dog Law, amended May 31, 1990
    19  (P.L.211, No.45), is amended to read:
    20  Section 602.  Dogs used for law enforcement.
    21     (a)  Illegal to taunt law enforcement dogs.--It shall be
    22  unlawful for any person to willfully and maliciously taunt,

     1  torment, tease, beat, kick or strike any dog used by any
     2  municipal or State police department or agency in the
     3  performance of the functions or duties of such department or
     4  agency or to commit any of the stated acts in the course of
     5  interfering with any such dog used by the department or agency
     6  or any member thereof in the performance of the functions or
     7  duties of the department or agency or of such officer or member.
     8  Any person who violates any of the provisions of this subsection
     9  commits a [misdemeanor] felony of the [second] third degree.
    10     (b)  Illegal to torture certain dogs.--It shall be unlawful
    11  for any person to willfully or maliciously torture, mutilate,
    12  injure, disable, poison or kill any dog used by any municipal or
    13  State police department or agency in the performance of the
    14  functions or duties of the department or agency or to commit any
    15  of the stated acts in the course of interfering with any such
    16  dog used by the department or agency or any member thereof in
    17  the performance of any of the functions or duties of the
    18  department or agency or of such officer or member. Any person
    19  who violates any of the provisions of this subsection commits a
    20  [misdemeanor] felony of the [first] third degree.
    21     (c)  Illegal to deny facilities or service due to police dog
    22  use.--It shall be unlawful for the proprietor, manager or
    23  employee of a theater, hotel, motel, restaurant or other place
    24  of entertainment, amusement or accommodation to refuse, withhold
    25  from or deny to any person, due to the use of a working police
    26  dog used by any State or municipal police department or agency,
    27  either directly or indirectly, any of the accommodations,
    28  advantages, facilities or privileges of the theater, hotel,
    29  motel, restaurant or other place of public entertainment,
    30  amusement or accommodation. Any person who violates any of the
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     1  provisions of this subsection commits a misdemeanor of the third
     2  degree.
     3     (d)  Quarantine of certain dogs not required.--Quarantine of
     4  dogs as required by law shall not apply to dogs owned by any
     5  municipal or State police department or agency when such dogs
     6  are under the direct supervision and care of a police officer
     7  and subject to routine veterinary care.
     8     Section 2.  This act shall take effect in 60 days.















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