PRIOR PRINTER'S NOS. 1094, 1435, 1505, PRINTER'S NO. 1730
1548, 1703
No. 871 Session of 2003
INTRODUCED BY WENGER, CORMAN, MADIGAN, THOMPSON, ROBBINS,
KASUNIC, M. WHITE, EARLL, WAUGH, LEMMOND, RAFFERTY,
TARTAGLIONE, COSTA, HELFRICK AND KITCHEN, JULY 15, 2003
AS AMENDED ON THIRD CONSIDERATION, JUNE 22, 2004
AN ACT
1 Amending Title 22 (Detectives and Private Police) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 appointment by nonprofit corporations; providing for humane
4 society police officers' appointment, qualifications,
5 authority and discipline; conferring powers and duties on the
6 Department of Agriculture; establishing the Humane Society
7 Police Officer Advisory Board and the Humane Society Police
8 Officer Account; and making a related repeal.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 501(a) and (c) of Title 22 of the
12 Pennsylvania Consolidated Statutes are amended to read:
13 § 501. Appointment by nonprofit corporations.
14 (a) Appointment authorized.--Any nonprofit corporation, as
15 defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit
16 corporations) maintaining a cemetery or any buildings or grounds
17 open to the public, or organized for the prevention of cruelty
18 to children or aged persons [or animals], or one or more of such
19 purposes, may apply to the court of common pleas of the county
20 of the registered office of the corporation for the appointment
1 of such persons as the corporation may designate to act as
2 policemen for the corporation. The court, upon such application,
3 may by order appoint such persons, or as many of them as it may
4 deem proper and necessary, to be such policemen.
5 * * *
6 (c) Powers.--Such policemen, so appointed, shall severally
7 possess and exercise all the powers of a police officer in this
8 Commonwealth, in and upon, and in the immediate and adjacent
9 vicinity of, the property of the corporation. Policemen so
10 appointed for a corporation organized for the prevention of
11 cruelty to children or aged persons [or animals], or one or more
12 of such purposes, shall severally possess and exercise all the
13 powers of a police officer in any county in which they may be
14 directed by the corporation to act, and are hereby authorized to
15 arrest persons for the commission of any offense of cruelty to
16 children or aged persons [or animals]. The keepers of jails and
17 other places of detention in any county of this Commonwealth
18 shall receive all persons arrested by such policemen for
19 purposes of detention until they are dealt with according to
20 law. Every policeman appointed under this section, when on duty,
21 shall wear a metallic shield with the words "special officer"
22 and the name of the corporation for which appointed inscribed
23 thereon.
24 * * *
25 Section 2. Title 22 is amended by adding a chapter to read:
26 CHAPTER 37
27 HUMANE SOCIETY POLICE OFFICERS
28 Sec.
29 3701. Scope of chapter.
30 3702. Definitions.
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1 3703. Appointment required.
2 3704. Appointment by nonprofit corporations.
3 3705. Qualifications for appointment.
4 3706. Temporary appointment.
5 3707. Suspension, revocation, limitation and
6 restriction of appointment; restoration of appointment.
7 3708. Termination of appointment.
8 3709. Powers and authority; jurisdiction.
9 3710. Penalties.
10 3711. Search warrants.
11 3712. Limitation on possession of firearms.
12 3713. Training program.
13 3714. Continuing education program.
14 3715. Statewide registry.
15 3716. Humane Society Police Officer Advisory Board.
16 3717. Humane Society Police Officer Account.
17 3718. Costs.
18 3719. Applicability to currently appointed individuals.
19 § 3701. Scope of chapter.
20 This chapter deals with humane society police officers.
21 § 3702. Definitions.
22 The following words and phrases when used in this chapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Account." The Humane Society Police Officer Account
26 established in section 3717 (relating to Humane Society Police
27 Officer Account).
28 "Agricultural animal." Any bovine animal, equine animal,
29 sheep, goat, pig, poultry, bird, fowl, wild or semiwild animal
30 or fish or other aquatic animal that is being raised, kept,
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1 transported or utilized for the purpose of or pursuant to
2 agricultural production.
3 "Agricultural production." The production and preparation
4 for market of agricultural animals and their products and of
5 agricultural, agronomic, horticultural, silvicultural and
6 aquacultural crops and commodities.
7 "Board." The Humane Society Police Officer Advisory Board.
8 "Complainant." Any person who has evidence that an
9 individual appointed as a humane society police officer has
10 performed in a manner that is contrary to the standards,
11 requirements and qualifications prescribed in this chapter for
12 appointment of individuals as humane society police officers.
13 The term also includes a district attorney or a municipal
14 solicitor.
15 "Convicted." A finding or verdict of guilt, an admission of
16 guilt or a plea of nolo contendere or receiving probation
17 without verdict, disposition in lieu of trial or an Accelerated
18 Rehabilitative Disposition in the disposition of felony charges.
19 "Cruelty to animals laws." The provisions of 18 Pa.C.S. §
20 5511 (relating to cruelty to animals).
21 "Department." The Department of Agriculture of the
22 Commonwealth.
23 "Humane society police officer." Any person who holds a
24 current appointment under this chapter to act as a humane
25 society police officer for a society or association for the
26 prevention of cruelty to animals. The term shall include an
27 individual who is an agent of a society or association for the
28 prevention of cruelty to animals as "agent" is used in 18
29 Pa.C.S. § 5511 (relating to cruelty to animals) provided that
30 individual holds a current appointment under this chapter.
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1 "Secretary." The Secretary of Agriculture of the
2 Commonwealth.
3 "Serious misdemeanor." A criminal offense for which more
4 than one year in prison can be imposed as a punishment.
5 "Society or association." A nonprofit society or association
6 duly incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A
7 (relating to incorporation generally) for the purpose of the
8 prevention of cruelty to animals.
9 § 3703. Appointment required.
10 It shall be unlawful for any individual to hold himself forth
11 as a humane society police officer unless the individual has
12 obtained an appointment pursuant to this chapter.
13 § 3704. Appointment by nonprofit corporations.
14 (a) Application for appointment.--A society or association
15 may apply to the court of common pleas in a county for the
16 appointment of an individual as a humane society police officer
17 for that county. The court, upon such application, shall by
18 order appoint such person to be a humane society police officer.
19 (b) Oath.--Every individual appointed as a humane society
20 police officer pursuant to this chapter shall, before entering
21 upon the duties of the office, take and subscribe to the oath
22 required by Article VI of the Constitution of Pennsylvania.
23 § 3705. Qualifications for appointment.
24 An individual shall be qualified for an appointment as a
25 humane society police officer provided the society or
26 association submits proof satisfactory to the court of common
27 pleas in each county for which the society or association
28 directs the individual to act as a humane society police officer
29 that the individual meets all of the following requirements:
30 (1) Has been a resident of this Commonwealth for the
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1 previous 12 months.
2 (2) Has successfully completed the training program
3 established pursuant to section 3713 (relating to training
4 program).
5 (3) Has obtained a criminal history report from the
6 Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91
7 (relating to criminal history record information) or a
8 statement from the Pennsylvania State Police that the
9 Pennsylvania State Police central repository contains no
10 pertinent information relating to the individual who is the
11 subject of the application. The criminal history record
12 information shall be limited to that which may be
13 disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
14 general regulations).
15 (4) Has not been convicted of an offense graded a felony
16 or a serious misdemeanor.
17 (5) Has not been convicted of any violation, including a
18 summary offense, of 18 Pa.C.S. § 5511 (relating to cruelty to
19 animals).
20 (6) Has not been convicted of an offense in another
21 jurisdiction, state, territory or country in accordance with
22 the laws of that jurisdiction, state, territory or country
23 equivalent to an offense graded a felony or a serious
24 misdemeanor or an offense of cruelty to animals.
25 § 3706. Temporary appointment.
26 (a) Qualifications.--A society or association may petition a
27 court of common pleas in a county for temporary appointment of
28 an individual as a humane society police officer in that county,
29 provided that no other individual is currently appointed to act
30 as a humane society police officer from the society or
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1 association and the individual meets all of the following
2 requirements:
3 (1) Has been a resident of this Commonwealth for the
4 previous 12 months.
5 (2) Holds a current appointment granted under this
6 chapter in another county located within this Commonwealth.
7 (3) Has obtained a criminal history report from the
8 Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91
9 (relating to criminal history record information) or a
10 statement from the Pennsylvania State Police that the
11 Pennsylvania State Police central repository contains no
12 pertinent information relating to the individual who is the
13 subject of the application. The criminal history record
14 information shall be limited to that which may be
15 disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
16 general regulations).
17 (4) Has not been convicted of an offense graded a felony
18 or a serious misdemeanor.
19 (5) Has not been convicted of any violation, including a
20 summary offense, of 18 Pa.C.S. § 5511 (relating to cruelty to
21 animals).
22 (6) Has not been convicted of an offense in another
23 jurisdiction, state, territory or country in accordance with
24 the laws of that jurisdiction, state, territory or country
25 equivalent to an offense graded a felony or a serious
26 misdemeanor or an offense of cruelty to animals.
27 (b) Term.--A temporary appointment under this section shall
28 expire at the end of six months or such time as the temporarily
29 appointed individual or any other individual is permanently
30 appointed by the court of common pleas to act as a humane
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1 society police officer in the county, whichever is sooner. No
2 more than one temporary appointment shall be effective for any
3 one county SOCIETY OR ASSOCIATION at any time. <--
4 § 3707. Suspension, revocation, limitation and restriction of
5 appointment; restoration of appointment.
6 (a) Grounds for suspension, revocation, limitation or
7 restriction.--By its own action or pursuant to a written
8 affidavit filed by a complainant, the court of common pleas may, <--
9 AFTER CONDUCTING A HEARING, suspend, revoke, limit or restrict
10 an appointment of an individual to act as a humane society
11 police officer in the county if the court determines any of the
12 following:
13 (1) Being convicted of a felony or a serious misdemeanor
14 in any Federal or State court or being convicted of the
15 equivalent of a felony in any foreign country, territory or
16 possession.
17 (2) Being convicted of an offense of cruelty to animals
18 in any Federal or State court or being convicted of the
19 equivalent of a cruelty to animals offense in any foreign
20 country, territory or possession.
21 (3) Presenting false credentials or documents or making
22 a false or misleading statement in the application for
23 appointment or a certification of completion of additional
24 training or submitting an application for appointment or a
25 certification for completion of additional training
26 containing a false or misleading statement.
27 (4) Carrying or possessing a firearm in the performance
28 of his or her duties without certification pursuant to
29 section 3712 (relating to limitation on possession of
30 firearms).
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1 (5) The individual has conducted his or her authority to
2 enforce animal cruelty laws in a manner that is substandard
3 of conduct normally expected of HUMANE SOCIETY police <--
4 officers.
5 (b) Notice to department.--Upon action by the court of
6 common pleas to refuse, suspend, revoke, limit or restrict an
7 appointment, the clerk of courts of the county shall forward
8 such information to the department for the purpose of the
9 Statewide registry established pursuant to section 3715
10 (relating to Statewide registry).
11 (c) Restoration.--The court of common pleas may restore a
12 suspended appointment of an individual if the individual
13 provides to the court evidence sufficient to warrant restoration
14 and the court determines the grounds for suspension have been
15 satisfactorily corrected and the individual otherwise qualifies
16 for appointment. In restoring the appointment, the court may
17 continue to impose limitations and corrective measures the court
18 determines to be necessary to ensure an individual's compliance
19 with the requirements of this chapter.
20 § 3708. Termination of appointment.
21 (a) General rule.--All powers and authority granted to an
22 individual under section 3709 (relating to powers and authority;
23 jurisdiction) shall immediately terminate upon notice to the
24 individual from the society or association for which appointed
25 that services are no longer required of the individual.
26 (b) Notice to court.--The society or association must file
27 notice within ten days of a termination of an individual as a
28 humane society police officer with the clerk of courts in each
29 county in which the individual has been appointed as a humane
30 society police officer.
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1 (c) Notice to department.--The society or association must
2 file notice within ten days of a termination of an individual as
3 a humane society police officer with the department for the
4 purpose of providing information relevant to the Statewide
5 registry established pursuant to section 3715 (relating to
6 Statewide registry).
7 § 3709. Powers and authority; jurisdiction.
8 (a) Authority limited to county of appointment.--An
9 individual appointed as a humane society police officer in
10 accordance with this chapter shall have power and authority to
11 exercise the powers conferred under 18 Pa.C.S. § 5511 (relating
12 to cruelty to animals) in enforcement of animal cruelty laws
13 only within the particular county whose court of common pleas
14 issued the appointment. The individual has no power or authority
15 to exercise the powers conferred under 18 Pa.C.S. § 5511 in any
16 other county whose court of common pleas has not issued an
17 appointment.
18 (b) Notice to district attorney.--Prior to exercising the
19 power and authority set forth by this chapter within a county,
20 each appointed humane society police officer shall file notice
21 along with a copy of the appointment granted under this chapter
22 with the district attorney of the county.
23 (c) Shield.--Every individual appointed as a humane society
24 police officer under this chapter, when on duty, shall possess a <--
25 metallic shield with the words "humane society police officer"
26 and the name of the society or association for which the
27 individual is appointed displayed thereon.
28 (d) Photo identification.--Every individual appointed as a
29 humane society police officer under this chapter shall have a
30 photo identification card issued by the department that contains
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1 the following:
2 (1) A photo of the individual taken within the previous
3 24 months.
4 (2) The name of the individual.
5 (3) The signature of the individual.
6 (4) The name of the society or association for which the
7 individual is appointed as a humane society police officer.
8 (5) The address and telephone number of the society or
9 association for which the individual is appointed as a humane
10 society police officer.
11 (6) The date of issuance of the photo identification
12 card.
13 § 3710. Penalties.
14 (a) Criminal penalties.--A person who violates this chapter
15 commits a misdemeanor of the third degree and shall, upon
16 conviction, be sentenced to pay a fine of up to $1,000 or to
17 imprisonment for not more than 90 days, or both.
18 (b) Civil penalties.--In addition to any criminal penalties
19 or other civil remedy, a person, association or society who
20 violates this chapter may be subject to a civil penalty of up to
21 $1,000.
22 (c) Disposition.--All fines and civil penalties imposed in
23 accordance with this section shall be paid into the account.
24 § 3711. Search warrants.
25 Notwithstanding contrary provisions of 18 Pa.C.S. § 5511(1)
26 (relating to cruelty to animals) and in addition to the
27 requirements of existing law, all search warrant applications
28 filed in connection with alleged violations of cruelty to
29 animals laws must have the approval of the district attorney in
30 the county of the alleged offense prior to filing.
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1 § 3712. Limitation on possession of firearms.
2 No individual appointed as a humane society police officer
3 shall carry, possess or use a firearm in the performance of that
4 individual's duties unless that individual holds a current and
5 valid certification in the use and handling of firearms pursuant
6 to at least one of the following:
7 (1) 53 Pa.C.S. Ch 21 Subch. D (relating to municipal
8 police education and training).
9 (2) The act of October 10, 1974 (P.L.705, No.235), known
10 as the Lethal Weapons Training Act.
11 (3) The act of February 9, 1984 (P.L.3, No.2), known as
12 the Deputy Sheriffs' Education and Training Act.
13 (4) Any other firearms program that has been determined
14 by the Commissioner of the Pennsylvania State Police to be of
15 sufficient scope and duration as to provide the participant
16 with basic training in the use and handling of firearms.
17 § 3713. Training program.
18 (a) Required training.--Every individual, prior to the
19 society or association making application for appointment as a
20 humane society police officer, shall successfully complete the
21 minimum requirements for initial training prescribed in the
22 program for initial training of humane society police officers
23 established in accordance with subsections (b), (c), (d) and
24 (e).
25 (b) Contracts.--The secretary, with the advice of the board,
26 shall contract with an accredited college or university,
27 including a community college or other public or private entity
28 for the establishment of a program for the training of
29 individuals to act as humane society police officers. The
30 contracted entity shall forward information pertaining to an
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1 individual's successful completion of the initial training
2 program to the department for the purpose of maintaining the
3 Statewide registry established pursuant to section 3715
4 (relating to Statewide registry).
5 (c) Minimum requirements.--The program for the training of
6 humane society police officers shall include, at a minimum, 60
7 hours of instruction in accordance with subsection (d).
8 (d) Curriculum.--The program for the training of humane
9 society police officers shall provide instruction in the
10 following instructional areas:
11 (1) At least 36 hours of instruction shall be provided
12 on the following:
13 (i) Pennsylvania cruelty to animal laws.
14 (ii) Pennsylvania Rules of Criminal Procedure.
15 (iii) Care and treatment of animals.
16 (iv) Proper execution of search warrants.
17 (v) Proper search and seizure practices.
18 (vi) Any other areas relating to law enforcement
19 duties.
20 (2) At least 24 hours of instruction shall be provided
21 on the following:
22 (i) Animal husbandry practices constituting normal
23 agricultural operation.
24 (ii) Practices accepted in the agricultural industry
25 in the raising, keeping and production of agricultural
26 animals.
27 (iii) Characteristics of agricultural animals likely
28 evidencing care that is in violation of the cruelty to
29 animal laws.
30 (iv) Proper care and handling of agricultural
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1 animals pursuant to enforcement of the cruelty to animals
2 laws.
3 (v) Treatments administered and research conducted
4 during the normal scope of veterinarian practices.
5 (e) Final examination.--The training program shall require
6 individuals, as a prerequisite to successful completion of the
7 program, to take and pass a final examination that sufficiently
8 measures the individuals's knowledge and understanding of the
9 instructional material.
10 (f) Current officers.--Individuals who have been appointed
11 as humane society police officers prior to the effective date of
12 this chapter are exempt from the initial training requirements
13 pursuant to this section provided that the individual can
14 provide proof to the secretary of successful completion of a
15 similar training program for humane society police officers
16 established under the act of December 12, 1994 (P.L.956,
17 No.135), known as the Humane Society Police Officer Enforcement
18 Act.
19 § 3714. Continuing education program.
20 (a) Required training.--During each two-year period
21 following the date in which an individual has been initially
22 appointed as a humane society police officer, the individual
23 shall successfully complete the minimum requirements for
24 additional training prescribed in the program for continuous
25 education of humane society police officers established in
26 accordance with subsections (b), (c), (d) and (e).
27 (b) Contracts.--The secretary, with the advice of the board,
28 shall contract with an accredited college or university,
29 including a community college, or other public or private entity
30 for the establishment of a continuing education program for the
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1 training of individuals to act as humane society police
2 officers. The contracted entity shall forward information
3 pertaining to an individual's successful completion of the
4 continuing education program to the department for the purpose
5 of maintaining the Statewide registry established pursuant to
6 section 3715 (relating to Statewide registry.)
7 (c) Minimum requirements.--The continuing education program
8 for the training of humane society police officers shall
9 include, at a minimum, ten hours of instruction in accordance
10 with subsection (d).
11 (d) Curriculum.--The program for the training of humane
12 society police officers shall provide instruction in the
13 following instructional areas:
14 (1) At least six hours of instruction shall be provided
15 on the following:
16 (i) Pennsylvania cruelty to animals laws.
17 (ii) Pennsylvania Rules of Criminal Procedure.
18 (iii) Care and treatment of animals.
19 (iv) Proper completion of search warrants.
20 (v) Proper search and seizure practices.
21 (vi) Any other areas relating to law enforcement
22 duties.
23 (2) At least four hours of instruction shall be provided
24 on the following:
25 (i) Animal husbandry practices constituting normal
26 agricultural operation.
27 (ii) Practices accepted in the agricultural industry
28 in the raising, keeping and production of agricultural
29 animals.
30 (iii) Characteristics of agricultural animals likely
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1 evidencing care that is in violation of the cruelty to
2 animals laws.
3 (iv) Proper care and handling of agricultural
4 animals pursuant to enforcement of the cruelty to animals
5 laws.
6 (v) Treatments administered and research conducted
7 during the normal scope of veterinarian practices.
8 (e) Automatic suspension.--Failure to complete the
9 continuing education program as prescribed in subsection (a)
10 shall result in an individual's automatic suspension of the
11 powers and authority set forth in section 3709 (relating to
12 powers and authority; jurisdiction) until such time as the
13 individual successfully completes the continuing education
14 requirements.
15 § 3715. Statewide registry.
16 (a) Establishment.--There is hereby established a Statewide
17 registry within the department for the purpose of maintaining
18 information relating to individuals appointed as humane society
19 police officers.
20 (b) Access to registry.--The information included within the
21 Statewide registry shall be made accessible to the public
22 through the department's World Wide Web site and shall include
23 the following:
24 (1) The name of each individual appointed as a humane
25 society police officer.
26 (2) The name and address of the society or association
27 for which each individual is appointed as a humane society
28 police officer.
29 (3) The counties in which the individual has been
30 appointed as a humane society police officer and dates of
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1 appointment.
2 (4) The counties in which the individual has had an
3 appointment revoked, suspended, limited or restricted, the
4 action taken by the court and dates of action.
5 (5) The dates of successful completion of the training
6 program established in section 3713 (relating to training
7 program) and the continuing education program established in
8 section 3714 (relating to continuing education program).
9 (c) Updates.--The department shall update the registry
10 within ten days of receiving information required for inclusion
11 on the Statewide registry.
12 (d) Confidential information.--At no time shall the home
13 address or any other related personal information of an
14 individual appointed as a humane society police office be made
15 public through the Statewide registry.
16 § 3716. Humane Society Police Officer Advisory Board.
17 (a) Advisory board.--The secretary shall appoint a Humane
18 Society Police Officer Advisory Board to advise him in the
19 administration of this chapter.
20 (b) Membership.--The board shall consist of the following:
21 (1) The secretary or his designee, who shall act as a
22 chairman.
23 (2) A representative of a society or association for the
24 prevention of cruelty to animals.
25 (3) A humane society police officer.
26 (4) A representative of a Statewide veterinary medical
27 association.
28 (5) A representative of a farm organization.
29 (6) A district attorney or his designee.
30 (7) A representative of the police.
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1 (8) A district justice.
2 (9) A court of common pleas judge or his designee.
3 (10) A clerk of courts.
4 (c) Terms.--The length of the initial term of each
5 appointment to the board shall be set by the secretary and shall
6 be staggered so that the terms of approximately one-third of the
7 appointments expire every other year.
8 (d) Absences.--Three consecutive unexcused absences from
9 regular board meetings or failure to attend at least 50% of the
10 regularly scheduled board meetings in any calendar year shall be
11 considered cause for termination of appointment unless the
12 secretary, upon written request of the member, finds that the
13 member should be excused from attending a meeting because of
14 illness or death of a family member or for a similar emergency.
15 (e) Vacancies.--Vacancies in the membership of the board
16 shall be filled for the balance of an unexpired term in the same
17 manner as the original appointment.
18 (f) Recommendations.--The board may make nonbinding
19 recommendations to the secretary on all matters related to the
20 provisions of this chapter.
21 § 3717. Humane Society Police Officer Account.
22 (a) Establishment.--There is hereby established the Humane
23 Society Police Officer Account, a special restricted account
24 within the General Fund.
25 (b) Sources.--All money paid into the State Treasury under
26 the provisions of this chapter, including, but not limited to,
27 fees, fines, penalties and surcharges, shall be paid into the
28 Humane Society Police Officer Account.
29 (c) Purpose.--The department shall use the funds in the
30 account for the following:
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1 (1) All expenses of the secretary and the department in
2 administering their duties under this chapter.
3 (2) All payments for promotional and educational
4 activities.
5 (3) All training and continuing education required under
6 sections 3713 (relating to training program) and 3714
7 (relating to continuing education program).
8 § 3718. Costs.
9 (a) Levy and imposition.--In addition to any fines, fees or
10 other penalties levied or imposed under this chapter or any
11 other statute, a cost of $50 shall be imposed upon conviction
12 for any violation of 18 Pa.C.S. § 5511 (relating to cruelty to
13 animals) other than a summary offense. Costs collected under
14 this subsection shall be disposed of in accordance with
15 subsection (b).
16 (b) Disposition.--Notwithstanding the provisions of 42
17 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines,
18 etc.) and 3573 (relating to municipal corporation portion of
19 fines, etc.), all costs imposed and collected under subsection
20 (a) by a division of the unified judicial system existing under
21 section 1 of Article V of the Constitution of Pennsylvania and
22 42 Pa.C.S. § 301 (relating to unified judicial system) shall be
23 remitted to the Commonwealth for deposit in the Humane Society
24 Police Officer Account established pursuant to section 3717
25 (relating to Humane Society Police Officer Account). The costs
26 collected under subsection (a) shall not be used for any other
27 purpose.
28 § 3719. Applicability to currently appointed individuals.
29 Any individual appointed prior to the effective date of this
30 chapter as a humane society police officer in the county of the
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1 registered office of the society or association for which the
2 individual was previously appointed shall not be required to
3 apply for appointment by the court of common pleas in that
4 county under this chapter. Such individual shall be required to
5 apply for appointment pursuant to section 3704 (relating to
6 appointment by nonprofit corporations) in each county other than
7 the initial county of appointment if directed by the society or
8 association.
9 Section 3. The act of December 12, 1994 (P.L.956, No.135),
10 known as the Humane Society Police Officer Enforcement Act, is
11 repealed.
12 Section 4. This act shall take effect in 60 180 days. <--
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