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CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 739
PRINTER'S NO. 919
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
639
Session of
2015
INTRODUCED BY BENNINGHOFF, D. COSTA, DeLUCA, A. HARRIS,
KAUFFMAN, KAVULICH, KNOWLES, METCALFE, MILLARD, MOUL,
READSHAW, ROZZI, ZIMMERMAN AND MAJOR, FEBRUARY 26, 2015
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 26, 2015
AN ACT
Amending the act of December 7, 1982 (P.L.784, No.225),
entitled, as amended, "An act relating to dogs, regulating
the keeping of dogs; providing for the licensing of dogs and
kennels; providing for the protection of dogs and the
detention and destruction of dogs in certain cases;
regulating the sale and transportation of dogs; declaring
dogs to be personal property and the subject of theft;
providing for the abandonment of animals; providing for the
assessment of damages done to animals; providing for payment
of damages by the Commonwealth in certain cases and the
liability of the owner or keeper of dogs for such damages;
imposing powers and duties on certain State and local
officers and employees; providing penalties; and creating a
Dog Law Restricted Account," in short title and definitions,
providing for the definition of "stun gun"; and, in
enforcement and penalties, further providing for enforcement
and inspections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law, is amended by adding a
definition to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
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have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Stun gun." A device that is designed to emit an electronic,
magnetic or other type of charge to temporarily immobilize or
incapacitate.
* * *
Section 2. Section 901(b.2), (b.3), (b.4) and (b.5) of the
act, amended October 9, 2008 (P.L.1450, No.119), are amended to
read:
Section 901. Enforcement of this act by the secretary;
provisions for inspections.
* * *
(b.2) Limitation on the possession of firearms and stun
guns.--No dog warden or employee of the department shall carry,
possess or use a firearm or stun gun in the performance of
duties[.] unless the person has the approval of the secretary
and holds a current and valid certification in the use and
handling of firearms or stun guns under at least one of the
following:
(1) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
police education and training).
(2) The act of October 10, 1974 (P.L.705, No.235), known
as the Lethal Weapons Training Act.
(3) The act of February 9, 1984 (P.L.3, No.2), known as
the Sheriff and Deputy Sheriff Education and Training Act.
(4) A firearm or stun gun training program which has
been determined by the Commissioner of the Pennsylvania State
Police to be of sufficient scope and duration to provide the
participant with basic training in the use and handling of
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firearms or stun guns. A training program under this
paragraph may be provided by the department for dog wardens.
(b.3) Application of section to prior dog wardens.--
(1) Any dog warden or employee of the department who,
prior to the effective date of this act, has successfully
completed a training program similar to that required under
subsection (b.1) shall, after review by the secretary, be
certified as having met the training requirements of this
act. Any dog warden or employee of the department who, prior
to the effective date of this act, has not successfully
completed a training program similar to that required under
subsection (b.1) may continue to perform the duties of a dog
warden until the person has successfully completed the
required training program, but not longer than two years from
the effective date of this act.
(2) (Reserved).
(3) A dog warden or employee of the department who,
prior to the effective date of this paragraph, has not
received approval of the secretary and not been certified in
the use and handling of firearms or stun guns under one or
more of the statutes under subsection (b.2)(1), (2), (3) or a
program under subsection (b.2)(4), may not carry or possess a
firearm or stun gun in the performance of the duties of a dog
warden until the person has, under subsection (b.2), received
approval of the secretary and been certified in the use and
handling of firearms or stun guns.
(b.4) Refusal, suspension or revocation authorized.--The
department may refuse to employ a person to act as a dog warden
or may suspend or revoke the employment of a person who is
acting as a dog warden if the department determines that the
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person has:
(1) Failed to satisfy the training requirements of
subsection (b.1) or (b.2).
(2) Had a criminal history record which would disqualify
the applicant from becoming a law enforcement officer.
(3) Been convicted of violating 18 Pa.C.S. § 5301
(relating to official oppression).
(b.5) Additional grounds.--The department may refuse to
employ a person to act as a dog warden or other employee charged
with the enforcement of this act or may suspend or revoke the
employment of a person who is acting as a dog warden or is
charged with the enforcement of this act if the department
determines that the person has:
(1) Made a false or misleading statement in the
application for employment.
(2) Carried or possessed a firearm or stun gun in the
performance of his or her duties without permission and
certification pursuant to subsection (b.2).
(3) Engaged in conduct which constitutes a prima facie
violation of 18 Pa.C.S. §§ 5301 and 5511 (relating to cruelty
to animals).
(4) Knowingly failed to enforce any of the provisions of
this act.
(5) Violated any of the provisions of this act.
* * *
Section 3. This act shall take effect in 60 days.
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