1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in riot, disorderly conduct and
3related offenses, further providing for the offense of
4cruelty to animals.

5This act shall be referred to as Angel's Law.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 5511(a), (b), (c), (d), (e), (e.1), (f),
9(g), (h), (k), (m.1) and (n) of Title 18 of the Pennsylvania
10Consolidated Statutes are amended to read:

11§ 5511. Cruelty to animals.

12(a) Killing, maiming or poisoning domestic animals or zoo
13animals, etc.--

14(1) A person commits [a misdemeanor of the second
15degree] an offense if he willfully and maliciously:

16(i) Kills, maims or disfigures any domestic animal
17of another person or any domestic fowl of another person.

1(ii) Administers poison to or exposes any poisonous
2substance with the intent to administer such poison to
3any domestic animal of another person or domestic fowl of
4another person.

5(iii) Harasses, annoys, injures, attempts to injure,
6molests or interferes with a dog guide for an individual
7who is blind, a hearing dog for an individual who is deaf
8or audibly impaired or a service dog for an individual
9who is physically limited.

10Any person convicted of violating the provisions of this
11paragraph shall be sentenced to pay a fine of not less than
12$500.

13(1.1) (i) Except as provided in subparagraph (ii), a
14person convicted of violating paragraph (1) commits a
15misdemeanor of the first degree.

16(ii) A person convicted for a second or subsequent
17time of violating paragraph (1)(i) commits a felony of
18the third degree.

19(2) A person commits a felony of the third degree if he
20willfully and maliciously:

21(i) Kills, maims or disfigures any zoo animal in
22captivity.

23(ii) Administers poison to or exposes any poisonous
24substance with the intent to administer such poison to
25any zoo animal in captivity.

26(2.1) (i) A person commits a misdemeanor of the first
27degree if he willfully and maliciously:

28(A) Kills, maims, mutilates, tortures or
29disfigures any dog or cat, whether belonging to
30himself or otherwise. If a person kills, maims,

1mutilates, tortures or disfigures a dog guide for an
2individual who is blind, a hearing dog for an
3individual who is deaf or audibly impaired or a
4service dog for an individual who is physically
5limited, whether belonging to the individual or
6otherwise, that person, in addition to any other
7applicable penalty, shall be required to make
8reparations for veterinary costs in treating the dog
9and, if necessary, the cost of obtaining and training
10a replacement dog.

11(B) Administers poison to or exposes any
12poisonous substance with the intent to administer
13such poison to any dog or cat, whether belonging to
14himself or otherwise.

15(ii) [Any] (A) Except as otherwise provided in 
16clause (B), any person convicted of violating the
17provisions of this paragraph shall be sentenced to
18pay a fine of not less than $1,000 or to imprisonment
19for not more than two years, or both. The court may
20also order a presentence mental evaluation.

21(B) A second or subsequent conviction under this
22paragraph shall be a felony of the third degree.
23[This paragraph shall apply to dogs and cats only.]

24(iii) The killing of a dog or cat by the owner of
25that animal is not malicious if it is accomplished in
26accordance with the act of December 22, 1983 (P.L.303,
27No.83), referred to as the Animal Destruction Method
28Authorization Law.

29(3) This subsection shall not apply to:

30(i) the killing of any animal taken or found in the

1act of actually destroying any domestic animal or
2domestic fowl;

3(ii) the killing of any animal or fowl pursuant to
4the act of June 3, 1937 (P.L.1225, No.316), known as The
5Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
6dogs public nuisances) and 2385 (relating to destruction
7of dogs declared public nuisances), or the regulations
8promulgated thereunder; or

9(iii) such reasonable activity as may be undertaken
10in connection with vermin control or pest control.

11* * *

12(b) Regulating certain actions concerning fowl or rabbits.--
13A person commits a [summary offense] misdemeanor of the third 
14degree if he sells, offers for sale, barters, or gives away baby
15chickens, ducklings, or other fowl, under one month of age, or
16rabbits under two months of age, as pets, toys, premiums or
17novelties or if he colors, dyes, stains or otherwise changes the
18natural color of baby chickens, ducklings or other fowl, or
19rabbits or if he brings or transports the same into this
20Commonwealth. This section shall not be construed to prohibit
21the sale or display of such baby chickens, ducklings, or other
22fowl, or such rabbits, in proper facilities by persons engaged
23in the business of selling them for purposes of commercial
24breeding and raising.

25(c) Cruelty to animals.--

26(1) A person commits an offense if he wantonly or
27cruelly illtreats, overloads, beats, otherwise abuses any
28animal, or neglects any animal as to which he has a duty of
29care, whether belonging to himself or otherwise, or abandons
30any animal, or deprives any animal of necessary sustenance,

1drink, shelter or veterinary care, or access to clean and
2sanitary shelter which will protect the animal against
3inclement weather and preserve the animal's body heat and
4keep it dry.

5(2) (i) Except as provided in subparagraph (ii), a
6person convicted of violating paragraph (1) commits a
7[summary offense] misdemeanor of the third degree.

8(ii) A person convicted for a second or subsequent
9time of violating paragraph (1) commits a misdemeanor of
10the [third] second degree if all of the following
11occurred:

12(A) The action or omission for which the person
13was convicted for a subsequent time was performed on
14a dog or cat.

15(B) The dog or cat was seriously injured,
16suffered severe physical distress or was placed at
17imminent risk of serious physical harm as the result
18of the person's action or omission.

19(iii) Nothing in this section shall prevent a humane
20society police officer as defined in section 102 of the
21act of December 7, 1982 (P.L.784, No.225), known as the
22Dog Law, from charging a person who violates this
23subsection for the first time.

24(3) This subsection shall not apply to activity
25undertaken in normal agricultural operation.

26(d) Selling or using disabled horse.--A person commits a
27[summary offense] misdemeanor of the third degree if he offers
28for sale or sells any horse, which by reason of debility,
29disease or lameness, or for other cause, could not be worked or
30used without violating the laws against cruelty to animals, or

1leads, rides, drives or transports any such horse for any
2purpose, except that of conveying the horse to the nearest
3available appropriate facility for its humane keeping or
4destruction or for medical or surgical treatment.

5(e) Transporting animals in cruel manner.--

6(1) A person commits a [summary offense] misdemeanor of 
7the third degree if he carries, or causes, or allows to be
8carried in or upon any cart, or other vehicle whatsoever, any
9animal in a cruel or inhumane manner.

10(2) The person taking him into custody may take charge
11of the animal and of any such vehicle and its contents, and
12deposit the same in some safe place of custody, and any
13necessary expenses which may be incurred for taking charge of
14and keeping the same, and sustaining any such animal, shall
15be a lien thereon, to be paid before the same can lawfully be
16recovered, or the said expenses or any part thereof remaining
17unpaid may be recovered by the person incurring the same from
18the owner of said creature in any action therefor.

19(3) For the purposes of this section, it shall not be
20deemed cruel or inhumane to transport live poultry in crates
21so long as not more than 15 pounds of live poultry are
22allocated to each cubic foot of space in the crate.

23(e.1) Transporting equine animals in cruel manner.--

24(1) Notwithstanding any other provision of law, a person
25commits a [summary offense] misdemeanor of the third degree
26for each equine animal if the person carries, or causes or
27allows to be carried, any equine animal in or upon any
28conveyance or other vehicle whatsoever with two or more
29levels stacked on top of one another.

30(2) A person who violates this subsection on a second or

1subsequent occasion commits a misdemeanor of the [third]
2second degree for each equine animal transported.

3(f) Hours of labor of animals.--

4(1) A person commits a [summary offense] misdemeanor of 
5the third degree if he leads, drives, rides or works or
6causes or permits any other person to lead, drive, ride or
7work any horse, mare, mule, ox, or any other animal, whether
8belonging to himself or in his possession or control, for
9more than 15 hours in any 24 hour period, or more than 90
10hours in any one week.

11(2) Nothing in this subsection [contained] shall be
12construed to warrant any persons leading, driving, riding or
13walking any animal a less period than 15 hours, when so doing
14shall in any way violate the laws against cruelty to animals.

15(g) Cruelty to cow to enhance appearance of udder.--A person
16commits a [summary offense] misdemeanor of the third degree if
17he kneads or beats or pads the udder of any cow, or willfully
18allows it to go unmilked for a period of 24 hours or more, for
19the purpose of enhancing the appearance or size of the udder of
20said cow, or by a muzzle or any other device prevents its calf,
21if less than six weeks old, from obtaining nourishment, and
22thereby relieving the udder of said cow, for a period of 24
23hours.

24(h) Specific violations; prima facie evidence of
25violation.--

26(1) (i) A person commits a [summary offense]
27misdemeanor of the third degree if the person crops,
28trims or cuts off, or causes or procures to be cropped,
29trimmed or cut off, the whole or part of the ear or ears
30of a dog.

1(ii) The provisions of this paragraph shall not
2prevent a veterinarian from cropping, trimming or cutting
3off the whole or part of the ear or ears of a dog when
4the dog is anesthetized and shall not prevent any person
5from causing or procuring the cropping, trimming or
6cutting off of a dog's ear or ears by a veterinarian.

7(iii) The possession by any person of a dog with an
8ear or ears cropped, trimmed or cut off and with the
9wound or incision site resulting therefrom unhealed, or
10any such dog being found in the charge or custody of any
11person or confined upon the premises owned by or under
12the control of any person, shall be prima facie evidence
13of a violation of this subsection by the person except as
14provided for in this subsection.

15(iv) A person who procures the cropping, trimming or
16cutting off of the whole or part of an ear or ears of a
17dog shall record the procedure. The record shall include
18the name of the attending veterinarian and the date and
19location at which the procedure was performed. The record
20shall be kept as long as the wound or incision site is
21unhealed and shall be transferred with the dog during
22that period of time.

23(2) (i) A person commits a [summary offense]
24misdemeanor of the third degree if the person debarks a
25dog by cutting, causing or procuring the cutting of its
26vocal cords or by altering, causing or procuring the
27alteration of any part of its resonance chamber.

28(ii) The provisions of this paragraph shall not
29prevent a veterinarian from cutting the vocal cords or
30otherwise altering the resonance chamber of a dog when

1the dog is anesthetized and shall not prevent a person
2from causing or procuring a debarking procedure by a
3veterinarian.

4(iii) The possession by any person of a dog with the
5vocal cords cut or the resonance chamber otherwise
6altered and with the wound or incision site resulting
7therefrom unhealed, or any such dog being found in the
8charge or custody of any person or confined upon the
9premises owned by or under the control of any person,
10shall be prima facie evidence of a violation of this
11paragraph by the person, except as provided in this
12paragraph.

13(iv) A person who procures the cutting of vocal
14cords or the alteration of the resonance chamber of a dog
15shall record the procedure. The record shall include the
16name of the attending veterinarian and the date and
17location at which the procedure was performed. The record
18shall be kept as long as the wound or incision site is
19unhealed and shall be transferred with the dog during
20that period of time.

21(3) (i) A person commits a [summary offense]
22misdemeanor of the third degree if the person docks, cuts
23off, causes or procures the docking or cutting off of the
24tail of a dog over five days old.

25(ii) The provisions of this paragraph shall not
26prevent a veterinarian from docking, cutting off or
27cropping the whole or part of the tail of a dog when the
28dog is at least 12 weeks of age and the procedure is
29performed using general anesthesia and shall not prevent
30a person from causing or procuring the cutting off or

1docking of a tail of a dog by a veterinarian as provided
2in this paragraph.

3(iii) The provisions of this section shall not
4prevent a veterinarian from surgically removing, docking,
5cutting off or cropping the tail of a dog between five
6days and 12 weeks of age if, in the veterinarian's
7professional judgment, the procedure is medically
8necessary for the health and welfare of the dog. If the
9procedure is performed, it shall be done in accordance
10with generally accepted standards of veterinary practice.

11(iv) The possession by any person of a dog with a
12tail cut off or docked and with the wound or incision
13site resulting therefrom unhealed, or any such dog being
14found in the charge or custody of any person or confined
15upon the premises owned by or under the control of any
16person, shall be prima facie evidence of a violation of
17this paragraph by the person, except as provided in this
18paragraph.

19(v) A person who procures the cutting off or docking
20of a tail of a dog shall record the procedure. The record 
21shall include the name of the attending veterinarian and 
22the date and location at which the procedure was 
23performed. The record shall be kept as long as the wound 
24or incision site is unhealed and shall be transferred 
25with the dog during that period of time.

26(4) (i) A person commits a [summary offense]
27misdemeanor of the third degree if the person surgically
28births or causes or procures a surgical birth.

29(ii) The provisions of this section shall not
30prevent a veterinarian from surgically birthing a dog

1when the dog is anesthetized and shall not prevent any
2person from causing or procuring a surgical birthing by a
3veterinarian.

4(iii) The possession by any person of a dog with a
5wound or incision site resulting from a surgical birth
6unhealed, or any such dog being found in the charge or
7custody of any person or confined upon the premises owned
8by or under the control of any person, shall be prima
9facie evidence of a violation of this paragraph by the
10person, except as provided in this paragraph.

11(iv) A person who procures the surgical birth of a
12dog shall record the procedure. The record shall include 
13the name of the attending veterinarian and the date and 
14location at which the procedure was performed. The record 
15shall be kept as long as the wound or incision site is 
16unhealed and shall be transferred with the dog during 
17that period of time.

18(v) This paragraph shall not apply to personnel
19required to comply with standards to minimize pain to an
20animal set forth in section 2143(a)(3) of the Animal
21Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.),
22trained in accordance with section 2143(d) of the Animal
23Welfare Act, who work in a federally registered research
24facility required to comply with the Animal Welfare Act
25under the guidance or oversight of a veterinarian.

26(5) (i) A person commits a [summary offense]
27misdemeanor of the third degree if the person cuts off or
28causes or procures the cutting off of the dewclaw of a
29dog over five days old.

30(ii) The provisions of this paragraph shall not

1prevent a veterinarian from cutting the dewclaw and shall
2not prevent a person from causing or procuring the
3procedure by a veterinarian.

4(iii) The possession by any person of a dog with the
5dewclaw cut off and with the wound or incision site
6resulting therefrom unhealed, or any such dog being found
7in the charge or custody of any person or confined upon
8the premises owned by or under the control of any person,
9shall be prima facie evidence of a violation of this
10paragraph by the person, except as provided in this
11paragraph.

12(iv) A person who procures the cutting off of the
13dewclaw of a dog shall record the procedure. The record 
14shall include the name of the attending veterinarian and 
15the date and location at which the procedure was 
16performed. The record shall be kept as long as the wound 
17or incision site is unhealed and shall be transferred 
18with the dog during that period of time.

19* * *

20(k) Killing homing pigeons.--A person commits a [summary
21offense] misdemeanor of the third degree if he shoots, maims or
22kills any antwerp or homing pigeon, either while on flight or at
23rest, or detains or entraps any such pigeon which carries the
24name of its owner.

25* * *

26(m.1) Fine for [summary offense] misdemeanor of the third 
27degree.--In addition to any other penalty provided by law, a
28person convicted of a [summary offense] misdemeanor of the third 
29degree under this section shall pay a fine of not less than $50
30nor more than $750 or to imprisonment for not more than 90 days,

1or both.

2* * *

3(n) Skinning of and selling or buying pelts of dogs and
4cats.--A person commits a [summary offense] misdemeanor of the 
5third degree if he skins a dog or cat or offers for sale or
6exchange or offers to buy or exchange the pelt or pelts of any
7dog or cat.

8* * *

9Section 2. This act shall take effect in 60 days.