PRIOR PRINTER'S NO. 443 PRINTER'S NO. 3058
No. 379 Session of 2007
INTRODUCED BY CUTLER, STERN, BAKER, BELFANTI, CALTAGIRONE, CAPPELLI, CLYMER, DENLINGER, FAIRCHILD, GEIST, GINGRICH, GODSHALL, GRUCELA, HENNESSEY, HERSHEY, HESS, M. KELLER, KOTIK, SAYLOR, TANGRETTI, COX, BOYD, DALEY, THOMAS, KULA, PYLE, GIBBONS AND HICKERNELL, FEBRUARY 13, 2007
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 14, 2008
AN ACT 1 Amending Titles 3 (Agriculture) and 18 (Crimes and Offenses) of 2 the Pennsylvania Consolidated Statutes, providing for the 3 definitions of "agricultural biosecurity areas" and for 4 "posted notice"; and further providing for keeping and 5 handling of domestic animals, for criminal trespass and for 6 ecoterrorism. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 2303 of Title 3 of the Pennsylvania 10 Consolidated Statutes is amended by adding a definition <-- 11 DEFINITIONS to read: <-- 12 § 2303. Definitions. 13 The following words and phrases when used in this chapter 14 shall have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 * * * 17 "Agricultural biosecurity area." Any of the following areas 18 which has been identified by posted notice as a biosecurity
1 area: AREA AND FOR WHICH THE OWNER OR OTHER AUTHORIZED PERSON <-- 2 HAS ESTABLISHED PROCEDURES TO INHIBIT THE TRANSFERENCE OF 3 TRANSMISSIBLE DISEASE: 4 (1) Agricultural or other open lands as defined under 18 5 Pa.C.S. § 3503-b.2)(3)(relating to criminal trespass). 6 (2) A building or animal OR PLANT containment area <-- 7 fenced or enclosed in a manner manifestly designed to exclude 8 trespassers or to confine domestic animals OR PLANTS used in <-- 9 RESEARCH OR agricultural activity or farming as defined in 18 <-- 10 Pa.C.S. § 3309 (relating to agricultural vandalism). for <-- 11 which the owner or other authorized person has established 12 procedures to inhibit the transference of transmissible 13 disease. 14 * * * 15 "Posted notice." Notice posted in a manner prescribed by the <-- 16 department or which is reasonably likely to come to the 17 attention of a person. 18 * * * 19 Section 2. Section 2305 of Title 3 is amended to read: 20 § 2305. Keeping and handling of domestic animals. 21 The department shall have authority to regulate the keeping 22 and handling of domestic animals to exclude or contain dangerous 23 transmissible diseases and hazardous substances and to protect 24 the environment, including the authority to require the 25 establishment of an agricultural biosecurity area. Nothing in 26 this section shall be construed to authorize the department to 27 require vaccination of any animal to prevent or control rabies 28 whenever that animal is exempt from vaccination under the act of 29 December 15, 1986 (P.L.1610, No.181), known as the Rabies 30 Prevention and Control in Domestic Animals and Wildlife Act. 20070H0379B3058 - 2 -
1 Section 3. The definition of "specified offense against 2 property" in section 3311(d) of Title 18 is amended to read: 3 § 3311. Ecoterrorism. 4 * * * 5 (d) Definitions.--As used in this section, the following 6 words and phrases shall have the meanings given to them in this 7 subsection: 8 * * * 9 "Specified offense against property." Any of the following 10 offenses: 11 Section 3301(a), (c), (d), (d.1) and (f) (relating to 12 arson and related offenses). 13 Section 3302 (relating to causing or risking 14 catastrophe). 15 Section 3304 (relating to criminal mischief). 16 Section 3307 (relating to institutional vandalism). 17 Section 3309 (relating to agricultural vandalism). 18 Section 3310 (relating to agricultural crop destruction). 19 Section 3502 (relating to burglary) but only if the actor 20 commits the crime for the purpose of committing one of the 21 other offenses listed in this definition. 22 Section 3503 (relating to criminal trespass) but only if 23 the actor commits the crime for the purpose of releasing a 24 dangerous transmissible disease or hazardous substance, as 25 those terms are defined under 3 Pa.C.S. § 2303 (relating to 26 definitions), threatening or terrorizing the owner or 27 occupant of the premises, starting or causing to be started 28 any fire upon the premises or defacing or damaging the 29 premises. 30 Section 3921 (relating to theft by unlawful taking or 20070H0379B3058 - 3 -
1 disposition). 2 Section 3922 (relating to theft by deception). 3 Section 4101 (relating to forgery). 4 Section 4120 (relating to identity theft). 5 Section 4. Section 3503 of Title 18 is amended by adding a 6 subsection to read: 7 § 3503. Criminal trespass. 8 * * * 9 (b.3) Agricultural biosecurity area trespasser.-- 10 (1) A person commits an offense if the person knowingly <-- 11 or recklessly does any of the following: 12 (i) Enters an agricultural biosecurity area unless 13 the owner or other authorized person expressly authorizes 14 entry OR ENTRY IS AUTHORIZED BY LAW. <-- 15 (ii) Enters KNOWING THAT HE OR SHE IS NOT LICENSED <-- 16 OR PRIVILEGED TO DO SO, ENTERS an agricultural 17 biosecurity area without performing the measures for 18 biosecurity that by posted notice are directed to be 19 performed for entry to the area. 20 (III) KNOWINGLY OR RECKLESSLY ENTERS AN AGRICULTURAL <-- 21 BIOSECURITY AREA WITHOUT PERFORMING THE MEASURES FOR 22 BIOSECURITY THAT BY POSTED NOTICE ARE DIRECTED TO BE 23 PERFORMED FOR ENTRY TO THE AREA. 24 (2) An offense under this subsection shall constitute a 25 misdemeanor of the first degree. 26 (3) For the purposes of this subsection, the phrases 27 "agricultural biosecurity area" and "posted notice" shall 28 have the meanings given to them in 3 Pa.C.S. § 2303 (relating 29 to definitions). 30 Section 5. This act shall take effect immediately. A26L03MSP/20070H0379B3058 - 4 -