PRIOR PRINTER'S NO. 277 PRINTER'S NO. 3102
No. 266 Session of 1991
INTRODUCED BY KASUNIC, TRELLO, BARLEY, DALEY, STEIGHNER, DeLUCA,
HERSHEY, MIHALICH, GEIST, HERMAN, STURLA, PISTELLA,
KRUSZEWSKI, HANNA AND MICHLOVIC, FEBRUARY 5, 1991
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 10, 1992
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 the destruction of certain
15 dogs; imposing civil liability and criminal penalties; and <--
16 making a repeal.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The heading of section 501 of the act of December
20 7, 1982 (P.L.784, No.225), known as the Dog Law, is amended and
21 the section is amended by adding subsections A SUBSECTION to <--
22 read:
23 Section 501. Killing dogs; complaints in trespass before
24 district justice; vicious dogs; civil and <--
1 criminal liability; fines; bonds.
2 * * *
3 (e) Destruction of dog.--Any dog that has viciously attacked <--
4 a human being shall be destroyed immediately. The destruction of
5 the dog may be performed by any police officer or by an animal
6 control officer.
7 (f) (E) Civil liability.--The owner of any dog that inflicts <--
8 severe injury or death to any human being due to a vicious
9 attack shall be civilly liable for all damages arising out of
10 such vicious attack.
11 (g) Criminal penalties.--The owner of any dog that inflicts <--
12 severe injury or death to any human being due to a vicious
13 attack commits a misdemeanor of the third degree if he was
14 negligent in his conduct which led to the vicious attack. If the
15 owner's conduct was grossly negligent, reckless or intentional,
16 he commits a misdemeanor of the second degree if such conduct
17 resulted in a vicious attack by his dog upon a human being.
18 Section 2. Article V-A of the act is repealed.
19 SECTION 2. SECTIONS 502-A(A) AND 505-A(B) AND (C) OF THE <--
20 ACT, ADDED MAY 31, 1990 (P.L.213, NO.46), ARE AMENDED TO READ:
21 SECTION 502-A. REGISTRATION.
22 (A) DETERMINATION.--ANY PERSON WHO HAS BEEN ATTACKED BY A
23 DOG, OR ANYONE ON BEHALF OF SUCH PERSON, A PERSON WHOSE DOMESTIC
24 ANIMAL HAS BEEN KILLED OR INJURED WITHOUT PROVOCATION, THE STATE
25 DOG WARDEN OR THE LOCAL POLICE OFFICER MAY MAKE A COMPLAINT
26 BEFORE A DISTRICT JUSTICE, CHARGING THE OWNER OR KEEPER OF SUCH
27 A DOG WITH HARBORING A DANGEROUS DOG. THE DISTRICT JUSTICE MAY
28 IMPOSE PENALTIES SET FORTH UNDER SECTION 505-A(A) THROUGH (D). A
29 PENALTY UNDER SECTION 505-A(B), HOWEVER, MAY NOT BE IMPOSED
30 UNLESS THE DOG HAS BEEN DETERMINED IN A PREVIOUS CASE TO BE A
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1 DANGEROUS DOG. THE DETERMINATION OF A DOG AS A DANGEROUS DOG
2 SHALL BE MADE BY THE DISTRICT JUSTICE UPON EVIDENCE OF A DOG'S
3 HISTORY OR PROPENSITY TO ATTACK WITHOUT PROVOCATION BASED UPON
4 AN INCIDENT IN WHICH THE DOG HAS DONE ONE OR MORE OF THE
5 FOLLOWING:
6 (1) INFLICTED SEVERE INJURY ON A HUMAN BEING WITHOUT
7 PROVOCATION ON PUBLIC OR PRIVATE PROPERTY.
8 (2) KILLED OR INFLICTED SEVERE INJURY ON A DOMESTIC
9 ANIMAL WITHOUT PROVOCATION WHILE OFF THE OWNER'S PROPERTY.
10 (3) ATTACKED A HUMAN BEING WITHOUT PROVOCATION.
11 (4) BEEN USED IN THE COMMISSION OF A CRIME.
12 * * *
13 SECTION 505-A. PUBLIC SAFETY AND PENALTIES.
14 * * *
15 (B) ATTACKS [UPON PERSONS OR ANIMALS] BY DANGEROUS DOG.--IF
16 A DANGEROUS DOG, THROUGH THE INTENTIONAL, RECKLESS OR NEGLIGENT
17 CONDUCT OF THE DOG'S OWNER, ATTACKS A PERSON OR ANOTHER DOMESTIC
18 ANIMAL, THE DOG'S OWNER IS GUILTY OF A MISDEMEANOR OF THE SECOND
19 DEGREE. IN ADDITION, THE DANGEROUS DOG SHALL BE IMMEDIATELY
20 CONFISCATED, PLACED IN QUARANTINE FOR THE PROPER LENGTH OF TIME
21 AND THEREAFTER DESTROYED IN AN EXPEDITIOUS AND HUMANE MANNER,
22 WITH COSTS OF QUARANTINE AND DESTRUCTION TO BE BORNE BY THE
23 DOG'S OWNER.
24 (C) [ATTACKS CAUSING SEVERE INJURY OR DEATH] AGGRESSIVE
25 ATTACKS ON PERSON WHICH CAUSE SEVERE INJURY.--THE OWNER OF ANY
26 DOG THAT[, THROUGH THE INTENTIONAL, RECKLESS OR NEGLIGENT
27 CONDUCT OF THE DOG'S OWNER,] AGGRESSIVELY ATTACKS AND CAUSES
28 SEVERE INJURY OR DEATH OF ANY HUMAN SHALL BE GUILTY OF A
29 MISDEMEANOR OF THE FIRST DEGREE. IN ADDITION, THE DOG SHALL BE
30 IMMEDIATELY CONFISCATED BY A STATE DOG WARDEN OR A POLICE
19910H0266B3102 - 3 -
1 OFFICER, PLACED IN QUARANTINE FOR THE PROPER LENGTH OF TIME AND
2 THEREAFTER DESTROYED IN AN EXPEDITIOUS AND HUMANE MANNER, WITH
3 COSTS OF QUARANTINE AND DESTRUCTION TO BE BORNE BY THE DOG'S
4 OWNER.
5 * * *
6 Section 3. This act shall take effect immediately.
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