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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1811, 2086               PRINTER'S NO. 2366

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1492 Session of 2001


        INTRODUCED BY BUNT, DALEY, STERN, HERMAN, ARMSTRONG, BASTIAN,
           BENNINGHOFF, CALTAGIRONE, CAPPABIANCA, CAPPELLI, CLARK,
           CLYMER, L. I. COHEN, COY, CREIGHTON, FAIRCHILD, FEESE,
           FICHTER, GEIST, GRUCELA, HARHAI, HARPER, HENNESSEY, HERSHEY,
           HESS, HORSEY, JAMES, KIRKLAND, LAUGHLIN, MAITLAND,
           McILHINNEY, S. MILLER, NAILOR, PHILLIPS, PRESTON, ROSS,
           SATHER, SCHULER, SEMMEL, SHANER, SOLOBAY, E. Z. TAYLOR,
           J. TAYLOR, TIGUE, WALKO, WATSON, WILT, YOUNGBLOOD AND ZUG,
           MAY 2, 2001

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 20, 2001

                                     AN ACT

     1  Providing for the protection of agricultural crops and livestock  <--
     2     from being intentionally and knowingly damaged.
     3  AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 42 (JUDICIARY AND    <--
     4     JUDICIAL PROCEDURES) OF THE PENNSYLVANIA CONSOLIDATED
     5     STATUTES, FURTHER PROVIDING FOR AGRICULTURAL VANDALISM; AND
     6     PROVIDING FOR THE CRIMINAL OFFENSE OF AGRICULTURAL CROP
     7     DESTRUCTION AND FOR RELIEF FOR AGRICULTURAL CROP DESTRUCTION.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10  Section 1.  Short title.
    11     This act shall be known and may be cited as the Crop and       <--
    12  Livestock Protection Act.
    13  Section 2.  Offense.
    14     (a)  Liability.--Any person or entity who intentionally and
    15  knowingly damages or adds hazardous or residual waste to
    16  untested sewage sludge that damages any field crop, vegetable or


     1  fruit plant or product, tree or livestock that is grown, stored
     2  or raised for personal, scientific or commercial purposes or for
     3  any testing or research purpose in conjunction with a public or
     4  private research facility or a university or any Federal, State
     5  or local government agency, shall be liable for damages,
     6  attorney fees and litigation costs as provided in subsections
     7  (b) and (c).
     8     (b)  Valuation.--In awarding damages under this section, the
     9  courts shall consider the market value of the crop or livestock
    10  prior to damage and production, research, testing, replacement
    11  and crop development costs directly related to the crop that has
    12  been damaged as part of the value of the crop, as well as damage
    13  to any research records, data and data-gathering equipment or
    14  devices.
    15     (c)  Limitations.--Damages available under this section shall
    16  be limited to treble the market value of the crop or livestock
    17  prior to damage plus treble the actual damages involving
    18  production, research, testing, replacement and crop development
    19  costs directly related to the crop that has been damaged.
    20  Section 3.  Effective date.
    21     This act shall take effect immediately.
    22     SECTION 1.  SECTION 3309(C) OF TITLE 18 OF THE PENNSYLVANIA    <--
    23  CONSOLIDATED STATUTES IS AMENDED TO READ:
    24  § 3309.  AGRICULTURAL VANDALISM.
    25     * * *
    26     (C)  DEFINITION.--AS USED IN THIS SECTION, THE TERMS
    27  "AGRICULTURAL ACTIVITY" AND "FARMING" [MEAN] INCLUDE PUBLIC AND
    28  PRIVATE RESEARCH ACTIVITY, RECORDS, DATA AND DATA-GATHERING
    29  EQUIPMENT RELATED TO AGRICULTURAL PRODUCTS AS WELL AS THE
    30  COMMERCIAL PRODUCTION OF AGRICULTURAL CROPS, LIVESTOCK OR
    20010H1492B2366                  - 2 -

     1  LIVESTOCK PRODUCTS, POULTRY OR POULTRY PRODUCTS, TREES AND
     2  TIMBER PRODUCTS, MILK, EGGS OR DAIRY PRODUCTS, OR FRUITS OR
     3  OTHER HORTICULTURAL PRODUCTS.
     4     SECTION 2.  TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
     5  § 3310.  AGRICULTURAL CROP DESTRUCTION.
     6     (A)  OFFENSES DEFINED.--A PERSON COMMITS A FELONY OF THE
     7  SECOND DEGREE IF HE INTENTIONALLY AND KNOWINGLY DAMAGES ANY
     8  FIELD CROP, VEGETABLE OR FRUIT PLANT OR TREE THAT IS GROWN,
     9  STORED OR RAISED FOR SCIENTIFIC OR COMMERCIAL PURPOSES OR FOR
    10  ANY TESTING OR RESEARCH PURPOSE IN CONJUNCTION WITH A PUBLIC OR
    11  PRIVATE RESEARCH FACILITY OR A UNIVERSITY OR ANY FEDERAL, STATE
    12  OR LOCAL GOVERNMENT AGENCY.
    13     (B)  RESTITUTION; COSTS AND FEES.--ANY PERSON CONVICTED OF
    14  VIOLATING THIS SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY
    15  IMPOSED, BE SENTENCED TO PAY THE OWNER OF THE DAMAGED FIELD
    16  CROPS, VEGETABLE OR FRUIT PLANTS OR TREES RESTITUTION, ATTORNEY
    17  FEES AND COURT COSTS. RESTITUTION SHALL BE IN AN AMOUNT EQUAL TO
    18  THE COST OF THE FINANCIAL DAMAGES INCURRED AS A RESULT OF THE
    19  OFFENSE, INCLUDING THE FOLLOWING:
    20         (1)  VALUE OF THE DAMAGED CROP.
    21         (2)  DISPOSAL OF THE DAMAGED CROP.
    22         (3)  CLEANUP OF THE PROPERTY.
    23         (4)  LOST REVENUE FOR THE AGGRIEVED OWNER OF THE DAMAGED
    24     CROP.
    25     (C) EXCEPTIONS.--THE PROVISIONS OF THIS SECTION SHALL NOT
    26  APPLY TO FIELD CROPS, VEGETABLE OR FRUIT PLANTS OR TREES DAMAGED
    27  THROUGH RESEARCH OR NORMAL COMMERCIAL ACTIVITY.
    28     SECTION 3.  TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
    29  § 8313.  AGRICULTURAL CROP DESTRUCTION.
    30     (A)  CIVIL ACTION AND RELIEF AVAILABLE.--AN AGGRIEVED OWNER
    20010H1492B2366                  - 3 -

     1  OF DAMAGED FIELD CROPS, VEGETABLE OR FRUIT PLANTS OR TREES
     2  RAISED FOR SCIENTIFIC OR COMMERCIAL PURPOSES OR FOR ANY TESTING
     3  OR RESEARCH PURPOSE IN CONJUNCTION WITH A PUBLIC OR PRIVATE
     4  RESEARCH FACILITY OR A UNIVERSITY OR ANY FEDERAL, STATE OR LOCAL
     5  GOVERNMENT AGENCY MAY, IN A CIVIL ACTION IN ANY COURT OF
     6  COMPETENT JURISDICTION, OBTAIN APPROPRIATE RELIEF, INCLUDING
     7  COMPENSATORY AND PUNITIVE DAMAGES, REASONABLE INVESTIGATIVE
     8  EXPENSES AND REASONABLE ATTORNEY FEES AND OTHER COSTS ASSOCIATED
     9  WITH THE LITIGATION. UPON A SHOWING OF CAUSE FOR THE ISSUANCE OF
    10  INJUNCTIVE RELIEF, A COURT MAY ISSUE TEMPORARY RESTRAINING
    11  ORDERS, PRELIMINARY INJUNCTIONS AND PERMANENT INJUNCTIONS AS MAY
    12  BE APPROPRIATE. DURING ANY PERIOD THAT AN ACTION UNDER THIS
    13  SECTION IS PENDING, A COURT MAY ORDER THE CESSATION OF THE
    14  ACTIVITY FORMING THE BASIS OF THE COMPLAINT.
    15     (B)  VALUATIONS.--IN AWARDING DAMAGES UNDER THIS SECTION, THE
    16  COURTS SHALL CONSIDER THE MARKET VALUE OF THE FIELD CROPS,
    17  VEGETABLE OR FRUIT PLANTS OR TREES PRIOR TO DAMAGE AND
    18  PRODUCTION, RESEARCH, TESTING, REPLACEMENT AND CROP DEVELOPMENT
    19  COSTS DIRECTLY RELATED TO THE CROP THAT HAS BEEN DAMAGED AS PART
    20  OF THE VALUE OF THE CROP, AS WELL AS DAMAGE TO ANY RECORDS, DATA
    21  AND DATA-GATHERING EQUIPMENT OR DEVICES.
    22     (C)  LIMITATIONS.--DAMAGES RECOVERED UNDER THIS SECTION SHALL
    23  BE LIMITED TO TREBLE THE MARKET VALUE OF THE FIELD CROPS,
    24  VEGETABLE OR FRUIT PLANTS OR TREES PRIOR TO DAMAGE AND ACTUAL
    25  DAMAGES INVOLVING PRODUCTION, RESEARCH, TESTING, REPLACEMENT AND
    26  DEVELOPMENT COSTS DIRECTLY RELATED TO THE CROP THAT HAS BEEN
    27  DAMAGED.
    28     (D)  EXCEPTIONS.--THE PROVISIONS OF THIS SECTION SHALL NOT
    29  APPLY TO FIELD CROPS, VEGETABLE OR FRUIT PLANTS OR TREES DAMAGED
    30  THROUGH RESEARCH OR NORMAL COMMERCIAL ACTIVITY.
    20010H1492B2366                  - 4 -

     1     SECTION 4.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.




















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