SENATE AMENDED
PRIOR PRINTER'S NOS. 3226, 4081, 4319 PRINTER'S NO. 4398
No. 2542 Session of 1994
INTRODUCED BY KAISER, GORDNER, D. R. WRIGHT, MIHALICH, PETTIT,
GODSHALL, KING, MARKOSEK, MELIO, FARMER, HERSHEY, SCHEETZ,
PISTELLA, KASUNIC, STERN, PETRARCA AND ROBERTS,
FEBRUARY 8, 1994
SENATOR MADIGAN, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, IN
SENATE, NOVEMBER 15, 1994
AN ACT
1 Requiring applications for the appointment of humane society <--
2 police officers to include certain documentation; and
3 providing for limitation on the possession of firearms by
4 humane society police officers and for enforcement and
5 jurisdiction.
6 PROVIDING FOR HUMANE SOCIETY POLICE OFFICERS' APPOINTMENT, <--
7 QUALIFICATIONS, AUTHORITY AND DISCIPLINE; FURTHER PROVIDING
8 FOR SEARCH WARRANTS; AND CONFERRING POWERS AND DUTIES ON THE
9 DEPARTMENT OF AGRICULTURE.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Short title.
13 This act shall be known and may be cited as the Humane
14 Society Police Officer Enforcement Act.
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Agricultural animal." Any bovine animal, equine animal,
1 sheep, goat, pig, poultry, bird, fowl, wild or semiwild animal
2 or fish or other aquatic animal which is being raised, kept,
3 transported or utilized for the purpose of or pursuant to
4 agricultural production.
5 "Agricultural production." The production and preparation
6 for market of agricultural animals and their products and of
7 agricultural, agronomic, horticultural, silvicultural and
8 aquacultural crops and commodities.
9 "Cruelty to animals laws." The provisions of 18 Pa.C.S. §
10 5511 (relating to cruelty to animals).
11 "DEPARTMENT." THE DEPARTMENT OF AGRICULTURE OF THE <--
12 COMMONWEALTH.
13 "Humane society." A nonprofit society or association duly
14 incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A (relating to
15 incorporation generally) for the purpose of the prevention of
16 cruelty to animals.
17 "Humane society police officer." Any person duly appointed
18 pursuant to 22 Pa.C.S. § 501 (relating to appointment by
19 nonprofit corporations) to act as a police officer for a humane
20 society. The term shall include any person who is an "agent" of
21 a humane society as "agent" is used in 18 Pa.C.S. § 5511
22 (relating to cruelty to animals).
23 "Land grant institution." Educational institutions located
24 within or outside the geographic boundaries of this Commonwealth
25 which have received a grant of public land made by the Congress
26 of the United States for the support of education pursuant to
27 the act of July 2, 1862 (12 Stat. 503, 7 U.S.C. § 301 et seq.),
28 known as the Morrill Act.
29 Section 3. Application of act. <--
30 This act shall apply to any nonprofit corporation, as defined
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1 in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit
2 corporations), which is organized for the purpose of the
3 prevention of cruelty to animals.
4 SECTION 3. APPOINTMENT BY COURT OF COMMON PLEAS; JURISDICTION <--
5 OF HUMANE SOCIETY POLICE OFFICERS.
6 AN INDIVIDUAL MAY NOT EXERCISE THE POWERS CONFERRED UNDER 18
7 PA.C.S. § 5511 (RELATING TO CRUELTY TO ANIMALS) UPON AN AGENT OF
8 A HUMANE SOCIETY OR THE POWERS CONFERRED UNDER 22 PA.C.S. §
9 501(C) (RELATING TO APPOINTMENT BY NONPROFIT CORPORATIONS) UPON
10 A HUMANE SOCIETY POLICE OFFICER WITHIN THE BOUNDARIES OF A
11 COUNTY UNLESS THE INDIVIDUAL HAS BEEN APPOINTED AS A HUMANE
12 SOCIETY POLICE OFFICER IN THAT COUNTY IN ACCORDANCE WITH 22
13 PA.C.S. § 501.
14 Section 4. Humane society police officers.
15 (a) Applications for appointment of humane society police
16 officers.--No person may exercise the powers conferred under 22 <--
17 Pa.C.S. § 501(c) (relating to appointment by nonprofit
18 corporations) upon a humane society police officer or the powers
19 conferred under 18 Pa.C.S. § 5511 (relating to cruelty to
20 animals) upon an agent of a humane society unless he has been
21 appointed as a humane society police officer in accordance with
22 22 Pa.C.S. § 501. Each humane society which makes application to
23 the court of common pleas pursuant to 22 Pa.C.S. § 501 for the
24 appointment of a person to act as a police officer for the
25 humane society shall provide with the application the
26 documentation the court may require to verify that the person
27 has satisfactorily completed a training program of 40 hours
28 developed and administered by a land grant institution for the
29 specific purpose of training humane society police officers in
30 the following subjects:
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1 (1) Cruelty to animals laws.
2 (2) Care and treatment of animals.
3 (3) Pennsylvania rules of criminal law and criminal
4 procedure.
5 (4) Humane husbandry activities, practices and
6 procedures with regard to agricultural animals. NO SOCIETY, <--
7 ASSOCIATION, CORPORATION OR ORGANIZATION, OTHER THAN A HUMANE
8 SOCIETY, IS ELIGIBLE UNDER 22 PA.C.S. § 501 (RELATING TO
9 APPOINTMENT BY NONPROFIT CORPORATIONS) TO APPLY FOR OR
10 RECEIVE APPOINTMENT OF ANY INDIVIDUAL AS A POLICE OFFICER IN
11 THE ENFORCEMENT OF CRUELTY TO ANIMALS LAWS. EACH HUMANE
12 SOCIETY WHICH MAKES APPLICATION TO THE COURT OF COMMON PLEAS
13 PURSUANT TO 22 PA.C.S. § 501 FOR THE APPOINTMENT OF AN
14 INDIVIDUAL TO ACT AS A POLICE OFFICER FOR THE HUMANE SOCIETY
15 MUST PROVIDE WITH THE APPLICATION THE DOCUMENTATION THE COURT
16 MAY REQUIRE THAT THE PERSON HAS SATISFACTORILY COMPLETED A
17 TRAINING PROGRAM ESTABLISHED IN ACCORDANCE WITH SUBSECTION
18 (B).
19 (B) HUMANE SOCIETY POLICE OFFICER TRAINING PROGRAM.--A LAND
20 GRANT INSTITUTION MAY ESTABLISH A PROGRAM FOR TRAINING OF
21 INDIVIDUALS TO ACT AS HUMANE SOCIETY POLICE OFFICERS.
22 (1) SUCH A PROGRAM MUST INCLUDE, AT A MINIMUM, A TOTAL
23 OF 80 HOURS OF INSTRUCTION.
24 (2) AT LEAST 40 HOURS OF INSTRUCTION MUST BE PROVIDED IN
25 THE FOLLOWING GROUP OF INSTRUCTIONAL AREAS:
26 (I) CRUELTY TO ANIMALS LAWS.
27 (II) CARE AND TREATMENT OF ANIMALS.
28 (III) PENNSYLVANIA RULES OF CRIMINAL LAW AND
29 CRIMINAL PROCEDURE.
30 (IV) ANIMAL HUSBANDRY PRACTICES CONSTITUTING NORMAL
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1 AGRICULTURAL OPERATION.
2 (V) PRACTICES ACCEPTED IN THE AGRICULTURAL INDUSTRY
3 IN THE RAISING, KEEPING AND PRODUCTION OF AGRICULTURAL
4 ANIMALS.
5 (VI) CHARACTERISTICS OF AGRICULTURAL ANIMALS LIKELY
6 EVIDENCING CARE THAT IS VIOLATIVE OF THE CRUELTY TO
7 ANIMALS LAWS.
8 (VII) PROPER CARE AND HANDLING OF AGRICULTURAL
9 ANIMALS PURSUANT TO ENFORCEMENT OF THE CRUELTY TO ANIMALS
10 LAWS.
11 (3) SUCH A PROGRAM MUST ALSO REQUIRE AN INDIVIDUAL, AS A
12 PREREQUISITE TO SUCCESSFUL COMPLETION OF THE TRAINING
13 PROGRAM, TO TAKE AND PASS A FINAL EXAMINATION THAT
14 SUFFICIENTLY MEASURES THE INDIVIDUAL'S KNOWLEDGE AND
15 UNDERSTANDING OF THE INSTRUCTIONAL MATERIAL.
16 (b) (C) Criminal history information.--The application for <--
17 the appointment of a person to act as a humane society police
18 officer shall include a report of criminal history record
19 information from the Pennsylvania State Police, pursuant to 18
20 Pa.C.S. Ch. 91 (relating to criminal history record
21 information), or a statement from the Pennsylvania State Police
22 that the Pennsylvania State Police central repository contains
23 no such information relating to the person who is the subject of
24 the application. The criminal history record information shall
25 be limited to that which may be disseminated pursuant to 18
26 Pa.C.S. § 9121(b)(2) (relating to general regulations).
27 (c) (D) Limitation on the possession of firearms.--No person <--
28 appointed as a humane society police officer shall carry,
29 possess or use a firearm in the performance of his or her duties
30 unless such person holds a current and valid certification in
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1 the use and handling of firearms pursuant to at least one of the
2 following:
3 (1) The act of June 18, 1974 (P.L.359, No.120), referred
4 to as the Municipal Police Education and Training Law.
5 (2) The act of October 10, 1974 (P.L.705, No.235), known
6 as the Lethal Weapons Training Act.
7 (3) The act of February 9, 1984 (P.L.3, No.2), known as
8 the Deputy Sheriffs' Education and Training Act.
9 (4) Any other firearms program which has been determined
10 by the Commissioner of the Pennsylvania State Police to be of
11 sufficient scope and duration as to provide the participant
12 with basic training in the use and handling of firearms.
13 (d) Jurisdiction of humane society police officers.--A <--
14 humane society police officer shall not exercise the powers
15 conferred by 22 Pa.C.S. § 501(c) or 18 Pa.C.S. § 5511 in a
16 county unless he has been appointed to serve in that county by
17 the court of common pleas of that county in accordance with 22
18 Pa.C.S. § 501.
19 (e) Application of act to prior appointees.--
20 (1) Any humane society police officer who, prior to the
21 effective date of this act, has successfully completed a
22 training course similar to that required under subsection (a) <--
23 (B) shall, after review by the court of common pleas, be <--
24 certified as having met the training requirements of this
25 act. Any humane society police officer who, prior to the
26 effective date of this act, has not successfully completed a
27 training course PROGRAM similar to that required under <--
28 subsection (a) (B) may continue to perform the duties of a <--
29 humane society police officer until such person has
30 successfully completed the required training course PROGRAM, <--
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1 but not longer than two years from the effective date of this
2 act.
3 (2) Any humane society police officer who, prior to the
4 effective date of this act, has not been certified in the use
5 and handling of firearms pursuant to one or more of the acts
6 set forth in subsection (c)(1) (D)(1), (2) and (3) shall not <--
7 carry or possess a firearm in the performance of the duties
8 of a humane society police officer on or after the effective
9 date of this act until the person has, under subsection (c) <--
10 (D), been certified in the use and handling of firearms. <--
11 (f) New appointees.--Any humane society police officer who <--
12 has not successfully completed a training course similar to that
13 required under subsection (a) may perform the duties of a humane
14 society police officer until such person has successfully
15 completed the required training course, but not longer than six
16 months from the date of application.
17 (g) (F) Optional training programs.--A humane society police <--
18 officer may satisfy the training requirements of subsection (a) <--
19 (B) by successfully completing a training program developed and <--
20 administered by an accredited college or university or community
21 college, or by a public or private entity if the training
22 program has been approved by the Department of Agriculture <--
23 DEPARTMENT as meeting the training requirements of subsection <--
24 (a) (B). The department shall, by regulation, establish <--
25 standards and procedures for approving optional training
26 programs. PENDING PROMULGATION OF SUCH REGULATIONS, THE <--
27 DEPARTMENT MAY ADOPT INTERIM GUIDELINES FOR APPROVAL OF OPTIONAL
28 TRAINING PROGRAMS.
29 Section 5. Right to refuse, suspend or revoke REFUSAL, <--
30 SUSPENSION OR REVOCATION OF appointment.
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1 (a) Refusal, suspension or revocation required.--The court
2 of common pleas shall refuse to appoint a person to act as a
3 humane society police officer or shall suspend or revoke the
4 appointment of a person who is acting as a humane society police
5 officer if the court determines that the person has:
6 (1) Failed to satisfy the training requirements of
7 section 4(a) 4(B). <--
8 (2) Failed to provide any documentation which, under
9 section 4(a), is required to be submitted with an application
10 for appointment or which the court may reasonably request.
11 (3) Had a criminal history record which would disqualify
12 the applicant from becoming a private police officer pursuant
13 to 22 Pa.C.S. Ch. 5 (relating to private police).
14 (4) Been convicted of violating 18 Pa.C.S. § 5301
15 (relating to official oppression).
16 (b) Additional grounds.--The court of common pleas may
17 refuse to appoint a person to act as a humane society police
18 officer or may suspend or revoke the appointment of a person who
19 is acting as a humane society police officer if the court
20 determines that the person has:
21 (1) Made a false or misleading statement in the
22 application for appointment.
23 (2) Carried or possessed a firearm in the performance of
24 his or her duties without certification pursuant to section
25 4(c) 4(D). <--
26 (3) Engaged in conduct which constitutes a prima facie
27 violation of 18 Pa.C.S. § 5301.
28 (4) Violated any of the provisions of this act.
29 (c) Effect on 22 Pa.C.S. § 501.--Nothing in this section
30 shall be construed to limit the authority of a court of common
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1 pleas to deny the appointment of any person or to place upon any
2 person any additional prerequisites or conditions of
3 appointment, pursuant to 22 Pa.C.S. § 501(a) (relating to
4 appointment by nonprofit corporations).
5 SECTION 6. SEARCH WARRANTS. <--
6 NOTWITHSTANDING 18 PA.C.S. § 5511(1) (RELATING TO CRUELTY TO
7 ANIMALS) OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
8 DISTRICT ATTORNEY OF ANY COUNTY SHALL REQUIRE THAT SEARCH
9 WARRANT APPLICATIONS FILED IN THE COUNTY IN CONNECTION WITH AN
10 ALLEGED VIOLATION OF THE CRUELTY TO ANIMALS LAWS HAVE THE
11 APPROVAL OF THE DISTRICT ATTORNEY PRIOR TO FILING. THE COURT OF
12 COMMON PLEAS SHALL ESTABLISH A PROCEDURE FOR APPROVAL OF SEARCH
13 WARRANT APPLICATIONS IN EMERGENCY SITUATIONS IF THE DISTRICT
14 ATTORNEY IS UNAVAILABLE.
15 Section 6 7. Effective date. <--
16 This act shall take effect in 60 days.
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