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PRINTER'S NO. 280
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
281
Session of
2015
INTRODUCED BY SAINATO, SCHREIBER, W. KELLER, KILLION, COHEN,
BOBACK, D. COSTA, MILLARD, RAVENSTAHL, FREEMAN, DUNBAR,
KOTIK, LONGIETTI, STEPHENS, JAMES, READSHAW, O'BRIEN,
DRISCOLL, A. HARRIS, KAVULICH, HARHAI, KAUFFMAN, DEASY,
KORTZ, MAHONEY AND GOODMAN, FEBRUARY 2, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, further providing for the offense of
cruelty to animals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(a)(2.1)(i), (c) and (q) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
ยง 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
animals, etc.--
* * *
(2.1) (i) A person commits a misdemeanor of the first
degree if he [willfully]:
(A) Willfully and maliciously:
[(A)] (I) Kills, maims, mutilates, tortures or
disfigures any dog or cat, whether belonging to
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himself or otherwise. If a person kills, maims,
mutilates, tortures or disfigures a dog guide for
an individual who is blind, a hearing dog for an
individual who is deaf or audibly impaired or a
service dog for an individual who is physically
limited, whether belonging to the individual or
otherwise, that person, in addition to any other
applicable penalty, shall be required to make
reparations for veterinary costs in treating the
dog and, if necessary, the cost of obtaining and
training a replacement dog.
[(B)] (II) Administers poison to or exposes any
poisonous substance with the intent to administer
such poison to any dog or cat, whether belonging
to himself or otherwise.
(B) Commits a violation of subsection (c)(1)
that results in the death of the cat or dog.
* * *
(c) Cruelty to animals.--
(1) A person commits an offense if he wantonly or
cruelly illtreats, overloads, beats, otherwise abuses any
animal, or neglects any animal as to which he has a duty of
care, whether belonging to himself or otherwise, or abandons
any animal, or deprives any animal of necessary sustenance,
drink, shelter or veterinary care, or access to clean and
sanitary shelter which will protect the animal against
inclement weather and preserve the animal's body heat and
keep it dry.
(2) (i) Except as provided in subparagraph (ii), a
person convicted of violating paragraph (1) commits a
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summary offense.
(ii) A person convicted for a second or subsequent
time of violating paragraph (1) commits a misdemeanor of
the [third] second degree [if all of the following
occurred:
(A) The action or omission for which the person
was convicted for a subsequent time was performed on
a dog or cat.
(B) The dog or cat was seriously injured,
suffered severe physical distress or was placed at
imminent risk of serious physical harm as the result
of the person's action or omission].
(3) [This subsection shall not apply to activity
undertaken in normal agricultural operation.] A person
commits aggravated cruelty to animals when, with no
justifiable purpose, he intentionally kills or intentionally
causes serious physical injury to a companion animal with
aggravated cruelty.
(4) A person convicted of violating paragraph (3)
commits a misdemeanor of the first degree.
(5) Nothing contained in this section shall be construed
to prohibit activity undertaken in normal agricultural
operation or interfere in any way with anyone lawfully
engaged in hunting, trapping or fishing, the dispatch of
rabid or diseased animals or the dispatch of animals posing a
threat to human safety or other animals, where such action is
otherwise legally authorized.
* * *
(q) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection:
"Aggravated cruelty." Conduct which:
(1) is intended to cause extreme physical pain; or
(2) is done or carried out in an especially depraved or
sadistic manner.
"Animal fighting." Fighting or baiting any bull, bear, dog,
cock or other creature.
"Audibly impaired." The inability to hear air conduction
thresholds at an average of 40 decibels or greater in the better
ear.
"Blind." Having a visual acuity of 20/200 or less in the
better eye with correction or having a limitation of the field
of vision such that the widest diameter of the visual field
subtends an angular distance not greater than 20 degrees.
"Conveyance." A truck, tractor, trailer or semitrailer, or
any combination of these, propelled or drawn by mechanical
power.
"Deaf." Totally impaired hearing or hearing with or without
amplification which is so seriously impaired that the primary
means of receiving spoken language is through other sensory
input, including, but not limited to, lip reading, sign
language, finger spelling or reading.
"Domestic animal." Any dog, cat, equine animal, bovine
animal, sheep, goat or porcine animal.
"Domestic fowl." Any avis raised for food, hobby or sport.
"Equine animal." Any member of the Equidae family, which
includes horses, asses, mules, ponies and zebras.
"Normal agricultural operation." Normal activities,
practices and procedures that farmers adopt, use or engage in
year after year in the production and preparation for market of
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poultry, livestock and their products in the production and
harvesting of agricultural, agronomic, horticultural,
silvicultural and aquicultural crops and commodities.
"Physically limited." Having limited ambulation, including,
but not limited to, a temporary or permanent impairment or
condition that causes an individual to use a wheelchair or walk
with difficulty or insecurity, affects sight or hearing to the
extent that an individual is insecure or exposed to danger,
causes faulty coordination or reduces mobility, flexibility,
coordination or perceptiveness.
"Zoo animal." Any member of the class of mammalia, aves,
amphibia or reptilia which is kept in a confined area by a
public body or private individual for purposes of observation by
the general public.
Section 2. This act shall take effect in 60 days.
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