SENATE AMENDED
PRIOR PRINTER'S NOS. 3469, 3888, 4698 PRINTER'S NO. 4722
No. 2445 Session of 2002
INTRODUCED BY BROOKS, BUNT, ALLEN, ARGALL, BARD, BASTIAN,
BELARDI, BELFANTI, BROWNE, CAPPELLI, CASORIO, CLYMER,
L. I. COHEN, DALEY, DALLY, DiGIROLAMO, DIVEN, FREEMAN, GEIST,
HARHAI, HARPER, HENNESSEY, HERMAN, HORSEY, KAISER, KENNEY,
LEH, LEWIS, MARKOSEK, McGEEHAN, R. MILLER, NAILOR, PHILLIPS,
PIPPY, PISTELLA, READSHAW, ROSS, RUBLEY, SATHER, SAYLOR,
SCHRODER, SEMMEL, SHANER, STABACK, STEELMAN, STEIL, STERN,
R. STEVENSON, E. Z. TAYLOR, J. TAYLOR, TIGUE, TRICH, WATERS,
WATSON, YOUNGBLOOD, BEBKO-JONES, WILT, LAUGHLIN, PETRARCA,
CORNELL, J. EVANS, G. WRIGHT, SAINATO, PALLONE, ADOLPH,
ROEBUCK, HABAY, McNAUGHTON AND J. BAKER, MARCH 25, 2002
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 26, 2002
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for cruelty to
3 animals AND FOR DRUG TRAFFICKING SENTENCING AND PENALTIES. <--
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5511(a) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5511. Cruelty to animals.
9 (a) Killing, maiming or poisoning domestic animals or zoo
10 animals, etc.--
11 (1) A person commits a misdemeanor of the second degree
12 if he willfully and maliciously:
13 (i) Kills, maims or disfigures any domestic animal
1 of another person or any domestic fowl of another person.
2 (ii) Administers poison to or exposes any poisonous
3 substance with the intent to administer such poison to
4 any domestic animal of another person or domestic fowl of
5 another person.
6 (iii) Harasses, annoys, injures, attempts to injure,
7 molests or interferes with a dog guide for an individual
8 who is blind, a hearing dog for an individual who is deaf
9 or audibly impaired or a service dog for an individual
10 who is physically limited.
11 Any person convicted of violating the provisions of this
12 paragraph shall be sentenced to pay a fine of not less than
13 $500.
14 (2) A person commits a felony of the third degree if he
15 willfully and maliciously:
16 (i) Kills, maims or disfigures any zoo animal in
17 captivity.
18 (ii) Administers poison to or exposes any poisonous
19 substance with the intent to administer such poison to
20 any zoo animal in captivity.
21 (iii) Kills, maims or disfigures a dog guide for an <--
22 individual who is blind, a hearing dog for an individual
23 who is deaf or audibly impaired or a service dog for an
24 individual who is physically limited, whether belonging
25 to the individual or otherwise. In addition to any other
26 applicable penalty, a person convicted under this
27 subparagraph shall be required to make reparations for
28 veterinary costs in treating the dog and, if necessary,
29 the cost of obtaining and training a replacement dog.
30 (2.1) (i) A person commits a misdemeanor of the first
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1 degree if he willfully and maliciously:
2 (A) Kills, maims, mutilates, tortures or
3 disfigures any dog or cat, whether belonging to
4 himself or otherwise. IF A PERSON KILLS, MAIMS, <--
5 MUTILATES, TORTURES OR DISFIGURES A DOG GUIDE FOR AN
6 INDIVIDUAL WHO IS BLIND, A HEARING DOG FOR AN
7 INDIVIDUAL WHO IS DEAF OR AUDIBLY IMPAIRED OR A
8 SERVICE DOG FOR AN INDIVIDUAL WHO IS PHYSICALLY
9 LIMITED, WHETHER BELONGING TO THE INDIVIDUAL OR
10 OTHERWISE, THAT PERSON IN ADDITION TO ANY OTHER
11 APPLICABLE PENALTY SHALL BE REQUIRED TO MAKE
12 REPARATIONS FOR VETERINARY COSTS IN TREATING THE DOG
13 AND, IF NECESSARY, THE COST OF OBTAINING AND TRAINING
14 A REPLACEMENT DOG.
15 (B) Administers poison to or exposes any
16 poisonous substance with the intent to administer
17 such poison to any dog or cat, whether belonging to
18 himself or otherwise.
19 (ii) Any person convicted of violating the
20 provisions of this paragraph shall be sentenced to pay a
21 fine of not less than $1,000 or to imprisonment for not
22 more than two years, or both. The court may also order a
23 presentence mental evaluation. A subsequent conviction
24 under this paragraph shall be a felony of the third
25 degree. This paragraph shall apply to dogs and cats only.
26 (iii) The killing of a dog or cat by the owner of
27 that animal is not malicious if it is accomplished in
28 accordance with the act of December 22, 1983 (P.L.303,
29 No.83), referred to as the Animal Destruction Method
30 Authorization Law.
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1 (3) This subsection shall not apply to:
2 (i) the killing of any animal taken or found in the
3 act of actually destroying any domestic animal or
4 domestic fowl;
5 (ii) the killing of any animal or fowl pursuant to
6 the act of June 3, 1937 (P.L.1225, No.316), known as The
7 Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
8 dogs public nuisances) and 2385 (relating to destruction
9 of dogs declared public nuisances), or the regulations
10 promulgated thereunder; or
11 (iii) such reasonable activity as may be undertaken
12 in connection with vermin control or pest control.
13 * * *
14 SECTION 2. SECTION 7508(A) OF TITLE 18 IS AMENDED BY ADDING <--
15 A PARAGRAPH TO READ:
16 § 7508. DRUG TRAFFICKING SENTENCING AND PENALTIES.
17 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISIONS OF
18 THIS OR ANY OTHER ACT TO THE CONTRARY, THE FOLLOWING PROVISIONS
19 SHALL APPLY:
20 * * *
21 (8) A PERSON WHO IS CONVICTED OF VIOLATING SECTION
22 13(A)(14), (30) OR (37) OF THE CONTROLLED SUBSTANCE, DRUG,
23 DEVICE AND COSMETIC ACT WHERE THE CONTROLLED SUBSTANCE OR A
24 MIXTURE CONTAINING IT IS 3,4-METHYLENEDIOXYAMPHETAMINE; 3,4-
25 METHYLENEDIOXY-N-ETHYLAMPHETAMINE; N-HYDROXY-3,4-
26 METHYLENEDIOXYAMPHETAMINE; OR THEIR SALTS, ISOMERS AND SALTS
27 OF ISOMERS, WHENEVER THE EXISTENCE OF SUCH SALTS, ISOMERS AND
28 SALTS OF ISOMERS IS POSSIBLE WITHIN THE SPECIFIC CHEMICAL
29 DESIGNATION, SHALL UPON CONVICTION, BE SENTENCED AS SET FORTH
30 IN THIS PARAGRAPH:
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1 (I) WHEN THE AGGREGATE WEIGHT OF THE COMPOUND OR
2 MIXTURE CONTAINING THE SUBSTANCE INVOLVED IS AT LEAST 50
3 TABLETS, CAPSULES, CAPLETS OR OTHER DOSAGE UNITS, OR 15
4 GRAMS AND LESS THAN 100 TABLETS, CAPSULES, CAPLETS OR
5 OTHER DOSAGE UNITS, OR LESS THAN 30 GRAMS, THE PERSON IS
6 GUILTY OF A FELONY AND UPON CONVICTION THEREOF SHALL BE
7 SENTENCED TO IMPRISONMENT NOT EXCEEDING FIVE YEARS, OR TO
8 PAY A FINE NOT EXCEEDING $15,000, OR BOTH.
9 (II) WHEN THE AGGREGATE WEIGHT OF THE COMPOUND OR
10 MIXTURE CONTAINING THE SUBSTANCE INVOLVED IS AT LEAST 100
11 TABLETS, CAPSULES, CAPLETS OR OTHER DOSAGE UNITS, OR 30
12 GRAMS AND LESS THAN 1,000 TABLETS, CAPSULES, CAPLETS OR
13 OTHER DOSAGE UNITS, OR LESS THAN 300 GRAMS, THE PERSON IS
14 GUILTY OF A FELONY AND UPON CONVICTION THEREOF SHALL BE
15 SENTENCED TO IMPRISONMENT NOT EXCEEDING TEN YEARS, OR TO
16 PAY A FINE NOT EXCEEDING $100,000, OR BOTH.
17 (III) WHEN THE AGGREGATE WEIGHT OF THE COMPOUND OR
18 MIXTURE CONTAINING THE SUBSTANCE INVOLVED IS AT LEAST
19 1,000 TABLETS, CAPSULES, CAPLETS OR OTHER DOSAGE UNITS,
20 OR 300 GRAMS, THE PERSON IS GUILTY OF A FELONY AND UPON
21 CONVICTION THEREOF SHALL BE SENTENCED TO IMPRISONMENT NOT
22 EXCEEDING 15 YEARS, OR TO PAY A FINE NOT EXCEEDING
23 $250,000, OR BOTH.
24 * * *
25 Section 2 3. This act shall take effect in 60 days. <--
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