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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FARNESE, FONTANA, RAFFERTY, LEACH, COSTA, BREWSTER AND WOZNIAK, MARCH 30, 2011 |
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| REFERRED TO JUDICIARY, MARCH 30, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, providing for failure to comply with animal abuse |
4 | registration requirements, for illegal use of animal abuse |
5 | registry information and for animal abuse registry. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Title 18 of the Pennsylvania Consolidated |
9 | Statutes is amended by adding sections to read: |
10 | § 4916. Failure to comply with animal abuse registration |
11 | requirements. |
12 | (a) Offense defined.--An individual who is subject to |
13 | registration under 42 Pa.C.S. § 9778(a) (relating to animal |
14 | abuse registry) commits an offense if he knowingly fails to: |
15 | (1) register or reregister with the county sheriff as |
16 | required under 42 Pa.C.S. § 9778(a); or |
17 | (2) provide accurate information when registering under |
18 | 42 Pa.C.S. § 9778. |
19 | (b) Grading.-- |
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1 | (1) Except as set forth in paragraph (2), an individual |
2 | subject to registration under 42 Pa.C.S. § 9778(a) who |
3 | commits a violation of subsection (a)(1) or (2) or a similar |
4 | offense commits a felony of the third degree. |
5 | (2) An individual subject to registration under 42 |
6 | Pa.C.S. § 9778(a) who commits a violation of subsection (a) |
7 | (1) or (2) and who has previously been convicted of an |
8 | offense under subsection (a)(1) or (2) or a similar offense |
9 | commits a felony of the second degree. |
10 | § 7518. Illegal use of animal abuse registry information. |
11 | (a) Offense defined.--Any individual who uses information |
12 | obtained from the local animal abuse registry or the central |
13 | animal abuse registry established under 42 Pa.C.S. § 9778 |
14 | (relating to animal abuse registry) to commit an offense under |
15 | this title commits an offense under this section. |
16 | (b) Grading.-- |
17 | (1) An individual who commits a violation of subsection |
18 | (a) commits a misdemeanor of the third degree. |
19 | (2) An individual who commits a second or subsequent |
20 | violation of subsection (a) commits a misdemeanor of the |
21 | second degree. |
22 | Section 2. Title 42 is amended by adding a section to read: |
23 | § 9778. Animal abuse registry. |
24 | (a) Registration required.-- |
25 | (1) The following individuals shall be required to |
26 | register with the county sheriff for the county in which the |
27 | individual is located for ten years following the conviction: |
28 | (i) Individuals convicted of any of the following |
29 | offenses: |
30 | (A) 18 Pa.C.S. § 5511(a) (relating to cruelty to |
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1 | animals). |
2 | (B) a second or subsequent conviction under 18 |
3 | Pa.C.S. § 5511(c). |
4 | (C) 18 Pa.C.S. § 5511(h.1). |
5 | (D) 18 Pa.C.S. § 5511.2 (relating to police |
6 | animals). |
7 | (E) 18 Pa.C.S. § 5511.3 (relating to assault |
8 | with a biological agent on animal, fowl or honey |
9 | bees). |
10 | (F) Any other felony violation of a law |
11 | protecting animal welfare. |
12 | (ii) Individuals convicted of an attempt to commit |
13 | any of the offenses listed in paragraph (1)(i) or (2). |
14 | (iii) Individuals currently residing in this |
15 | Commonwealth who have been convicted of offenses similar |
16 | to the crimes cited in subparagraphs (i) and (ii), under |
17 | the laws of the United States or one of its territories |
18 | or possessions, another state, the District of Columbia, |
19 | the Commonwealth of Puerto Rico or a foreign nation. |
20 | (2) An individual with two or more convictions of any of |
21 | the offenses set forth in this subsection shall be subject to |
22 | lifetime registration. |
23 | (3) (i) An offender or repeat offender, following |
24 | release from incarceration, upon parole from a |
25 | correctional institution or upon commencement of |
26 | immediate punishment or probation that results from a |
27 | conviction for an offense listed under subsection (a)(1) |
28 | (i), and who is located within the boundaries of this |
29 | Commonwealth for more than ten consecutive days, shall |
30 | register with the county sheriff for the county in which |
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1 | the offender or repeat offender is located before the end |
2 | of the 11th day. |
3 | (ii) An offender or repeat offender who is currently |
4 | registered in the county of the offender's previous |
5 | location within this Commonwealth shall reregister with |
6 | the county sheriff for the county in which the offender |
7 | or repeat offender is now located no later than ten days |
8 | after moving to the new location in this Commonwealth. |
9 | (4) (i) Following the initial registration under this |
10 | section, an offender shall annually renew the |
11 | registration with the county sheriff prior to December 31 |
12 | of each subsequent calendar year for a period of ten |
13 | years. |
14 | (ii) Following the initial registration under this |
15 | section, a repeat offender shall annually renew the |
16 | registration with the county sheriff prior to December 31 |
17 | of each subsequent calendar year. |
18 | (b) Information required.-- |
19 | (1) The offender or repeat offender shall provide the |
20 | county sheriff with the following information: |
21 | (i) Legal name and any other names or aliases that |
22 | the offender or repeat offender uses or has used. |
23 | (ii) Date of birth. |
24 | (iii) Social Security number. |
25 | (iv) Current address or location. |
26 | (v) Place of employment. |
27 | (vi) The offense the offender or repeat offender was |
28 | convicted of and the date and location of the offense. |
29 | (vii) The county or counties in this Commonwealth |
30 | where the offender or repeat offender is registered under |
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1 | this section. |
2 | (2) The county sheriff shall obtain the following from |
3 | the offender or repeat offender: |
4 | (i) A photograph of the offender or repeat offender |
5 | and a complete set of the offender's or repeat offender's |
6 | fingerprints. |
7 | (ii) A description of any tattoos, scars or other |
8 | distinguishing features on the offender's or repeat |
9 | offender's body that would assist in identifying the |
10 | offender or repeat offender. |
11 | (3) For registration renewal, the offender or repeat |
12 | offender shall provide updated information for the required |
13 | information contained in paragraphs (1) and (2). |
14 | (c) Fees.-- |
15 | (1) In addition to any fines, fees or penalties levied |
16 | or imposed as provided by law, each offender and repeat |
17 | offender shall pay an annual registration fee of $50 when |
18 | registering with the county sheriff. |
19 | (2) The county sheriff shall remit the fees collected |
20 | under paragraph (1) to the State Treasurer for deposit into |
21 | the fund. |
22 | (d) Central and local registries.-- |
23 | (1) The county sheriff shall establish and maintain a |
24 | local registry of offenders and repeat offenders in the |
25 | sheriff's jurisdiction to be known as the local animal abuse |
26 | registry. The sheriff shall be responsible for the following: |
27 | (i) Forwarding all registration information to the |
28 | Pennsylvania State Police. |
29 | (ii) Within ten days of receipt of an initial |
30 | registration from an offender or repeat offender for the |
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1 | offender's or repeat offender's current place of |
2 | residence, the county sheriff shall contact every |
3 | residence, school, humane society, animal shelter and any |
4 | other business within a half-mile radius of the |
5 | offender's or repeat offender's residence or location and |
6 | provide them with the registration information of the |
7 | offender or repeat offender except for the Social |
8 | Security number. |
9 | (2) The Pennsylvania State Police shall establish and |
10 | maintain a central registry of offenders and repeat offenders |
11 | required to register under this section to be known as the |
12 | central animal abuse registry. Information contained in the |
13 | central animal abuse registry of offender's and repeat |
14 | offenders shall be made available to the public through the |
15 | Internet and telephone, by written access and in person. All |
16 | of the information contained in an offender's or repeat |
17 | offender's registration, with the exception of the Social |
18 | Security number or any other information protected by law, |
19 | shall be made available to the public. Records of each |
20 | registration shall be maintained for the ten-year period that |
21 | an offender is required to be registered. Records of each |
22 | registration shall be maintained during the period that a |
23 | repeat offender is required to be registered. |
24 | (3) (i) It is hereby declared to be the finding of the |
25 | General Assembly that the health and safety of animals |
26 | that are at risk of abuse will be enhanced by making |
27 | information about offenders and repeat offenders |
28 | available to the public through the Internet and |
29 | telephone, by written access and in person. Knowledge of |
30 | whether a certain person is an offender or repeat |
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1 | offender can be a significant factor in protecting pets |
2 | and animals from recidivist acts by offenders and repeat |
3 | offenders. The technology afforded by the Internet would |
4 | make this information readily accessible to the public |
5 | enabling them to undertake appropriate remedial |
6 | precautions. Public access to information about offenders |
7 | and repeat offenders is intended solely as a means of |
8 | protection for the pets and animals of the public that |
9 | are at risk of abuse and shall not be construed as |
10 | punitive. |
11 | (ii) An individual is authorized to use the |
12 | information contained in the central animal abuse |
13 | registry and the local animal abuse registry for |
14 | protecting animals at risk of abuse. |
15 | (e) Sentencing court information.--The sentencing court |
16 | shall inform offenders and repeat offenders at the time of |
17 | sentencing of the provisions of this section. The court shall: |
18 | (1) Specifically inform the offender or repeat offender |
19 | of the duty to register and provide the information required |
20 | for registration. |
21 | (2) Specifically inform the offender or repeat offender |
22 | of the duty to inform the county sheriff within ten days if |
23 | the offender or repeat offender does the following: |
24 | (i) changes residence or establishes an additional |
25 | residence or residences; |
26 | (ii) changes employer or employment location for a |
27 | period of time that exceeds 14 days or for an aggregate |
28 | period of time that will exceed 30 days during any |
29 | calendar year or terminates employment; or |
30 | (iii) changes institution or location at which the |
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1 | offender or repeat offender is enrolled as a student or |
2 | terminates enrollment. |
3 | (3) Specifically inform the offender or repeat offender |
4 | of the duty to register with a new law enforcement agency if |
5 | the offender or repeat offender moves to another state no |
6 | later than ten days after establishing residence in another |
7 | state and if the state requires such registration. |
8 | (4) Specifically inform the offender or repeat offender |
9 | of the duty to register with the appropriate authorities in |
10 | any state in which the offender or repeat offender is |
11 | employed, carries on a vocation or is a student if the state |
12 | requires such registration. |
13 | (5) Require the offender or repeat offender to read and |
14 | sign a form stating that the duty to register under this |
15 | section has been provided in writing and has been explained. |
16 | Where the offender or repeat offender is incapable of |
17 | reading, the court shall certify the duty to register was |
18 | explained to the offender or repeat offender and the offender |
19 | or repeat offender indicated an understanding of the duty. |
20 | (f) Animal Abuse Registry Fund.-- |
21 | (1) There is established in the State Treasury a |
22 | restricted account to be known as the Animal Abuse Registry |
23 | Fund to be used exclusively for funding the administration of |
24 | this section by county sheriffs and the Pennsylvania State |
25 | Police. |
26 | (2) Up to 65% of the moneys in the Animal Abuse Registry |
27 | Fund shall be payable to a county to fund the county |
28 | sheriff's establishment and administration of the local |
29 | animal abuse registry pursuant to subsection (d)(1). |
30 | (3) Up to 35% of the moneys in the Animal Abuse Registry |
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1 | Fund shall be payable to the Pennsylvania State Police to |
2 | fund its establishment and administration of the central |
3 | animal abuse registry pursuant to subsection (d)(2). |
4 | (g) Immunity for good faith conduct.--The following entities |
5 | shall be immune from liability for good faith conduct under this |
6 | section: |
7 | (1) The Pennsylvania State Police and local law |
8 | enforcement agencies and employees of law enforcement |
9 | agencies. |
10 | (2) Sheriffs, deputy sheriffs and employees of the |
11 | office of sheriff of a county. |
12 | (3) District attorneys and their agents and employees. |
13 | (4) The Pennsylvania Department of Corrections and its |
14 | agents and employees. |
15 | (5) County correctional facilities and their agents and |
16 | employees. |
17 | (h) Photographs and fingerprinting.--An individual subject |
18 | to subsection (a)(1) or (2) shall submit to photographing and |
19 | fingerprinting as required by this section at locations |
20 | designated by the county sheriff. Fingerprinting as required by |
21 | this section shall, at a minimum, require submission of a full |
22 | set of fingerprints. Photographing as required by this section |
23 | shall, at a minimum, require submission to photographs of the |
24 | face and any tattoos, scars or other distinguishing features on |
25 | the offender's or repeat offender's body that would assist in |
26 | identifying the individual. Fingerprints and photographs |
27 | obtained under this section may be maintained for use under this |
28 | section and for general law enforcement purposes. |
29 | (i) Civil liability for information misuse.--When an |
30 | individual or a group of individuals is engaged in a pattern or |
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1 | practice of misuse of information in violation of subsection (d) |
2 | (3) that was obtained from the central animal abuse registry or |
3 | local animal abuse registry, or both, any individual aggrieved |
4 | by the misuse may, in any court of competent jurisdiction, |
5 | obtain appropriate relief, including injunctive relief. |
6 | (j) Definitions.--As used in this section, the following |
7 | words and phrases shall have the meanings given to them in this |
8 | subsection unless the context clearly indicates otherwise: |
9 | "Correctional institution." A State correctional institution |
10 | or local correctional facility located in this Commonwealth or |
11 | an equivalent correctional institution owned or operated by the |
12 | United States or one of its territories, another state, the |
13 | Commonwealth of Puerto Rico or a foreign nation. |
14 | "Fund." The Animal Abuse Registry Fund established under |
15 | this section. |
16 | "Local correctional facility." The term shall have the |
17 | meaning given to it in 61 Pa.C.S. § 102 (relating to |
18 | definitions). |
19 | "Local law enforcement agency." A police department of a |
20 | city, borough, incorporated town or township. |
21 | "Offender." An individual required to register under |
22 | subsection (a)(1). |
23 | "Repeat offender." An individual required to register under |
24 | subsection (a)(2). |
25 | "State correctional institution." The term shall have the |
26 | meaning given to it in 61 Pa.C.S. § 102 (relating to |
27 | definitions). |
28 | Section 3. This act shall take effect in 60 days. |
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