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

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 5511.4. Unlawful treatment of elephant.

10(a) Offense defined.--It shall be unlawful for any person
11who houses, possesses, is in contact with or travels with an
12elephant utilized in a circus or traveling show within this
13Commonwealth to engage in any of the following:

14(1) Use of any implement on an elephant that may
15reasonably result in harm to the elephant, including, but not
16limited to, the damage, scarring or breakage of an elephant's
17skin.

18(2) Possession of any implement or device that may

1reasonably result in harm, damage, scarring or breakage of
2skin to an elephant.

3(3) Use of a chain or similar device to restrain an
4elephant, except if utilized for the shortest amount of time
5necessary to provide actual medical treatment.

6(b) Grading.--A person who violates this section commits a
7misdemeanor of the second degree.

8(c) Definitions.--The following words and phrases when used
9in this section shall have the meanings given to them in this
10subsection unless the context clearly indicates otherwise:

11"Circus." A Class C licensee under the Animal Welfare Act 
12(Public Law 89-544, 7 U.S.C. § 2131 et seq.), and the 
13regulations and standards adopted pursuant to that act, that 
14offers a performance by a live animal, clown or acrobat.

15"Implement." An implement or device that is used, purchased,
16contrived for or constructed for the purpose of poking,
17striking, hitting, stabbing, piercing, pinching or other
18physical contact of an elephant. The term includes, but is not
19limited to, a bullhook, ankus or other similar device.

20"Traveling show." A circus, public show, trade show,
21photographic opportunity, carnival, city or county fair,
22agricultural fair, ride, parade, race, performance or a similar
23undertaking in which elephants do not permanently reside or that
24moves elephants from location to location, but not including the
25transportation of an elephant for the purpose of obtaining
26required medical services for an elephant or for the exchange of
27an elephant between sanctuaries.

28Section 2. This act shall take effect in 60 days.