THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CUTLER, BELFANTI, BOYD, BRENNAN, CLYMER, DENLINGER, FAIRCHILD, FLECK, GOODMAN, GRUCELA, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, M. KELLER, W. KELLER, MENSCH, MILLER, MUSTIO, PHILLIPS, PYLE, SAYLOR, SIPTROTH, STERN, J. TAYLOR, GEIST, ROHRER, GIBBONS AND MARSHALL, FEBRUARY 18, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 28, 2010   

AN ACT

Amending Titles 3 (Agriculture) and 18 (Crimes and Offenses) of

the Pennsylvania Consolidated Statutes, providing for the

definitions of "agricultural biosecurity areas" and for

"posted notice"; and further providing for keeping and

handling of domestic animals, for criminal trespass and for

ecoterrorism.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2303 of Title 3 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 2303.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

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"Agricultural biosecurity area."  Any of the following areas

which has been identified by posted notice as a an agricultural 

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biosecurity area and for which the owner or other authorized

person has established procedures to inhibit the transference of

transmissible disease or hazardous substance:

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(1)  Agricultural or other open lands as defined under 18

Pa.C.S. § 3503(b.2)(3)(relating to criminal trespass).

(2)  A building or animal or plant containment area

fenced or enclosed in a manner manifestly designed and

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constructed to exclude trespassers or to confine domestic

animals or plants used in research or agricultural activity

or farming as defined in 18 Pa.C.S. § 3309 (relating to

agricultural vandalism).

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"Posted notice."  Notice posted in a manner which is

reasonably likely to come to the attention of a person.

* * *

Section 2.  Section 2305 of Title 3 is amended to read:

§ 2305.  Keeping and handling of domestic animals.

The department shall have authority to regulate the keeping

and handling of domestic animals to exclude or contain dangerous

transmissible diseases and hazardous substances and to protect

the environment, including the authority to require the

establishment of an agricultural biosecurity area and that all

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such agricultural biosecurity areas so established be clearly

and conspicuously posted. The department may develop a

regulation to govern the form and content of posted notice to

identify an agricultural biosecurity area. Nothing in this

section shall be construed to authorize the department to

require vaccination of any animal to prevent or control rabies

whenever that animal is exempt from vaccination under the act of

December 15, 1986 (P.L.1610, No.181), known as the Rabies

Prevention and Control in Domestic Animals and Wildlife Act.

Section 3.  The definition of "specified offense against

property" in section 3311(d) of Title 18 is amended to read:

§ 3311.  Ecoterrorism.

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(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

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"Specified offense against property."  Any of the following

offenses:

Section 3301(a), (c), (d), (d.1) and (f) (relating to arson

and related offenses).

Section 3302 (relating to causing or risking catastrophe).

Section 3304 (relating to criminal mischief).

Section 3307 (relating to institutional vandalism).

Section 3309 (relating to agricultural vandalism).

Section 3310 (relating to agricultural crop destruction).

Section 3502 (relating to burglary) but only if the actor

commits the crime for the purpose of committing one of the other

offenses listed in this definition.

Section 3503 (relating to criminal trespass) but only if the

actor commits the crime for the purpose of releasing a dangerous

transmissible disease or hazardous substance, as those terms are

defined under 3 Pa.C.S. § 2303 (relating to definitions), 

threatening or terrorizing the owner or occupant of the

premises, starting or causing to be started any fire upon the

premises or defacing or damaging the premises.

Section 3921 (relating to theft by unlawful taking or

disposition).

Section 3922 (relating to theft by deception).

Section 4101 (relating to forgery).

Section 4120 (relating to identity theft).

Section 4.  Section 3503 of Title 18 is amended by adding a

subsection to read:

§ 3503.  Criminal trespass.

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(b.3)  Agricultural biosecurity area trespasser.--

(1)  A person commits an offense if the person does any

of the following:

(i)  Enters an agricultural biosecurity area unless

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the owner or other authorized person expressly authorizes

entry or entry is authorized by law.

(ii)  Knowing that he or she is not licensed or

privileged to do so, enters an agricultural biosecurity

area without performing the measures for biosecurity that

by posted notice are directed to be performed for entry

to the area.

(iii)  Knowingly or recklessly enters an agricultural

biosecurity area without performing the measures for

biosecurity that by posted notice are directed to be

performed for entry to the area.

(2)  An offense under this subsection shall constitute a

misdemeanor of the first degree.

(3)  For the purposes of this subsection, the phrases

"agricultural biosecurity area" and "posted notice" shall

have the meanings given to them in 3 Pa.C.S. § 2303 (relating

to definitions).

(i)  Enters an agricultural biosecurity area, knowing

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that the person is not licensed or privileged to do so.

(ii)  Knowingly or recklessly fails to perform

reasonable measures for biosecurity that by posted notice

are required to be performed for entry to the

agricultural biosecurity area.

(2)  It is a defense to prosecution under paragraph (1)

(ii) that:

(i)  no reasonable means or method was available to

perform the measures that the posted notice required to

be performed for entry to the agricultural biosecurity

area;

(ii)  entry is made in response to a condition within

the agricultural biosecurity area that the person

reasonably believes to be a serious threat to human or

animal health as necessitating immediate entry to the

agricultural biosecurity area; or

(iii)  entry is made under exigent circumstances by a

law enforcement officer to:

(A)  pursue and apprehend a suspect of criminal

conduct reasonably believed by the officer to be

present within the agricultural biosecurity area; or

(B)  prevent the destruction of evidence of

criminal conduct reasonably believed by the officer

to be located within the agricultural biosecurity

area.

(3)  (i)  Except as set forth in subparagraph (iii), an

offense under paragraph (1)(i) constitutes a misdemeanor

of the third degree.

(ii)  Except as set forth in subparagraph (iii), an

offense under paragraph (1)(ii) constitutes a summary

offense.

(iii)  If an offense under paragraph (1) causes

damage to or death of an animal or plant within an

agricultural biosecurity area, the offense constitutes a

misdemeanor of the first degree.

(4)  For purposes of this subsection, the terms

"agricultural biosecurity area" and "posted notice" shall

have the meanings given to them in 3 Pa.C.S. § 2303 (relating

to definitions).

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Section 5.  This act shall take effect immediately.