PRIOR PRINTER'S NO. 2225
PRINTER'S NO. 3869
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1516
Session of
2015
INTRODUCED BY FARRY, SCHREIBER, THOMAS, KAUFFMAN, DiGIROLAMO,
BIZZARRO, MILLARD, MURT, ROZZI, RADER, KINSEY, DAVIS, CORBIN,
READSHAW, YOUNGBLOOD, D. COSTA, WATSON, O'BRIEN, DONATUCCI,
DEASY, D. PARKER, FARINA, PHILLIPS-HILL, KILLION, McNEILL,
RAVENSTAHL, SAINATO, SCHLOSSBERG, SANTORA, GILLEN, COHEN,
MATZIE, SCHWEYER, R. BROWN, WHEATLEY, BULLOCK, V. BROWN,
M. QUINN, GIBBONS, SIMMONS AND WHEELAND, SEPTEMBER 29, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 20, 2016
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(q) of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding definitions and the
section is amended by adding a subsection to read:
SECTION 1. SECTION 5511 OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 5511. Cruelty to animals.
* * *
(h.3) Leaving animal in unattended motor vehicle.--The
following shall apply:
(1) In addition to any other penalty provided by law, a
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
motor vehicle owner or operator commits a summary offense if
the motor vehicle owner or operator confines a dog or cat in
an unattended motor vehicle in extreme heat, endangering the
dog's or the cat's health and well-being.
(2) A person who witnesses an act under paragraph (1),
may contact a police officer, a volunteer or professional
fireman, humane officer, security guard or other first
responder, who may take any action to safeguard the dog or
cat, including, but not limited to, breaking into the motor
vehicle to remove the dog or cat from the unattended motor
vehicle after a reasonable effort to search for the owner or
operator of the unattended motor vehicle.
(3) A police officer, a volunteer or professional
fireman, humane officer, security guard or other first
responder, and the department or agency employing the
officer, is not liable for any damage to property resulting
from actions taken under this section.
(4) If the dog or cat is removed from the motor vehicle,
the person removing the dog or cat shall:
(i) leave a note in the motor vehicle or in a
conspicuous location stating the person's name and
contact information and information as to where the dog
or cat can be located; and
(ii) take the dog or cat to a veterinary hospital or
animal care clinic for treatment and health screening.
The dog or cat shall then be admitted to a shelter or
humane society if the motor vehicle owner or operator is
unable to be located.
* * *
(q) Definitions.--As used in this section, the following
20150HB1516PN3869 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Extreme heat." An extremely high temperature, inside or
outside of a motor vehicle, that could endanger an animal's
health or well-being.
* * *
"Unattended motor vehicle." A motor vehicle that is out of
the owner's or operator's sight.
* * *
(H.3) LEAVING ANIMAL IN UNATTENDED VEHICLE.--
(1) A PERSON OWES A DUTY OF CARE TO ANY DOG OR CAT THAT
THE PERSON LEAVES CONFINED IN AN UNATTENDED VEHICLE.
(2) NO POLICE OFFICER, HUMANE SOCIETY POLICE OFFICER OR
FIREFIGHTER WHO ENTERS INTO AN UNATTENDED VEHICLE IN ORDER TO
RESCUE A DOG OR CAT, NOR THE EMPLOYER OF ANY SUCH PERSON,
SHALL BE LIABLE FOR ANY DAMAGE CAUSED BY THE RESCUE, PROVIDED
THAT THE PERSON:
(I) PRIOR TO ENTRY, MAKES A REASONABLE EFFORT TO
LOCATE THE PERSON WHO OWES A DUTY OF CARE TO THE ANIMAL.
(II) ACTS UNDER A REASONABLE BELIEF THAT THE ANIMAL
IS IN SEVERE PHYSICAL DISTRESS.
(III) TAKES REASONABLE STEPS TO ENSURE OR RESTORE
THE WELL-BEING OF THE ANIMAL.
(IV) LEAVES A NOTE ON OR IN THE VEHICLE STATING THE
NAMES OF THE PERSON AND THE PERSON'S EMPLOYER, A
TELEPHONE NUMBER AND THE LOCATION WHERE THE ANIMAL MAY BE
RETRIEVED.
(3) THE IMMUNITY PROVIDED IN PARAGRAPH (2) SHALL APPLY
REGARDLESS OF WHETHER THE PERSON IS CHARGED WITH OR FOUND
20150HB1516PN3869 - 3 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
GUILTY OF COMMITTING AN OFFENSE UNDER THIS SECTION.
Section 2. This act shall take effect in 60 days.
20150HB1516PN3869 - 4 -
1
2