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        PRIOR PRINTER'S NOS. 941, 1191                PRINTER'S NO. 1232

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 816 Session of 2001


        INTRODUCED BY WENGER, WAUGH, MADIGAN, COSTA, SCHWARTZ,
           TARTAGLIONE, M. WHITE, O'PAKE, BOSCOLA, SCARNATI, ROBBINS,
           THOMPSON, CORMAN, RHOADES, LEMMOND AND STACK, APRIL 30, 2001

        SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 19, 2001

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
     2     Judicial Procedure) of the Pennsylvania Consolidated
     3     Statutes, providing for assaults with biological agents on
     4     animals.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 18 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 5511.3.  Assault with a biological agent on animal, FOWL OR     <--
    10             HONEY BEES.
    11     (a)  Offense defined.--A person commits a felony of the
    12  second degree if the person intentionally, knowingly, or
    13  maliciously exposes or causes to be exposed, an animal or fowl,   <--
    14  FOWL OR HONEY BEES to any virus, bacteria, prion or other agent
    15  which causes infectious disease, including any of the following:
    16         (1)  Foot-and-mouth disease.
    17         (2)  Bovine spongiform encephalopathy (BSE), commonly
    18     known as mad cow disease.


     1         (3)  Avian influenza.
     2         (4)  Varroamite.
     3     (b)  Restitution.--The person convicted of violating this
     4  section shall, in addition to any other sentence imposed, be
     5  sentenced to pay the owner of the afflicted animal or afflicted   <--
     6  beneficial insect, including, but not limited to, FOWL OR honey   <--
     7  bees, restitution in an amount equal to the cost of the
     8  financial damages incurred as a result of the offense, including
     9  the following:
    10         (1)  Value of afflicted animal or beneficial insect, FOWL  <--
    11     OR HONEY BEES.
    12         (2)  Disposal of afflicted animal or beneficial insect,    <--
    13     FOWL OR HONEY BEES.
    14         (3)  Testing for disease on existing animal.
    15         (4)  Cleanup and sanitization of property and buildings
    16     on and in which afflicted animals or beneficial insects, FOWL  <--
    17     OR HONEY BEES were located.
    18         (5)  Liability insurance for cleanup and sanitization
    19     workers.
    20         (6)  Soil testing of property.
    21         (7)  Loss revenue for aggrieved owner of afflicted animal
    22     or beneficial insect, FOWL OR HONEY BEES.                      <--
    23     (c)  Exceptions.--The provisions of this section shall not
    24  apply to research or veterinarian services, including,
    25  immunizations, vaccinations or other treatments administered
    26  during the normal scope of practice.
    27     Section 2.  Title 42 is amended by adding a section to read:
    28  § 8313.  Assault with biological agent on animal or beneficial    <--
    29             insect, FOWL OR HONEY BEES.                            <--
    30     (a)  Civil action and relief available.--An animal owner
    20010S0816B1232                  - 2 -

     1  aggrieved by a violation of this section EXPOSURE OF AN ANIMAL,   <--
     2  FOWL OR HONEY BEES TO ANY VIRUS, BACTERIA, PRION OR OTHER AGENT
     3  WHICH CAUSES INFECTIOUS DISEASE, INCLUDING FOOT-AND-MOUTH
     4  DISEASE, BOVINE SPONGIFORM ENCEPHALOPATHY (BSE), COMMONLY KNOWN
     5  AS MAD COW DISEASE, AVIAN INFLUENZA OR VARROAMITE, may, in a
     6  civil action in any court of competent jurisdiction, obtain
     7  appropriate relief, including preliminary and other equitable or  <--
     8  declaratory relief, compensatory and punitive damages,
     9  reasonable investigation expenses and reasonable attorney fees
    10  and other costs associated with the litigation of the action.
    11  UPON A SHOWING OF CAUSE FOR THE ISSUANCE OF INJUNCTIVE RELIEF, A  <--
    12  COURT MAY ISSUE TEMPORARY RESTRAINING ORDERS, PRELIMINARY
    13  INJUNCTIONS AND PERMANENT INJUNCTIONS AS MAY BE APPROPRIATE
    14  UNDER THIS ACT. DURING ANY PERIOD THAT AN ACTION UNDER THIS
    15  SECTION IS PENDING, A COURT MAY ORDER THE CESSATION OF THE
    16  COMPLAINED OF ACTIVITY.
    17     (b)  Definitions.--As used in this section, the term           <--
    18  "beneficial insect" includes, but is not limited to, honey bees.
    19     (B)  EXCEPTIONS.--THE PROVISIONS OF THIS SECTION SHALL NOT     <--
    20  APPLY TO RESEARCH OR VETERINARIAN SERVICES, INCLUDING
    21  IMMUNIZATIONS, VACCINATIONS OR OTHER TREATMENTS ADMINISTERED
    22  DURING THE NORMAL SCOPE OF PRACTICE.
    23     Section 3.  This act shall take effect immediately.





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