PRINTER'S NO. 1854
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1231
Session of
2015
INTRODUCED BY RESCHENTHALER, ARGALL, TEPLITZ, SCHWANK, VOGEL,
RAFFERTY, BREWSTER, COSTA, SABATINA, BARTOLOTTA, ALLOWAY AND
VULAKOVICH, MAY 26, 2016
REFERRED TO JUDICIARY, MAY 26, 2016
AN ACT
Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, in
riot, disorderly conduct and related offenses, further
providing for cruelty to animals; and, in child protective
services, further providing for persons required to report
suspected child abuse.
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 and the section is amended by
adding a subsection to read:
§ 5511. Cruelty to animals.
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(c.1) Mandatory reporting.--If a social services employee
forms a reasonable suspicion that an animal is the victim of
cruelty, he shall report the suspicion to an agent of a society
or association for the prevention of cruelty to animals
incorporated under the laws of this Commonwealth.
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(q) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Animal fighting." Fighting or baiting any bull, bear, dog,
cock or other creature.
"Animal fighting paraphernalia." Any device, implement,
object or drug used or intended to be used for animal fighting,
to train an animal for animal fighting or in furtherance of
animal fighting. In determining whether an object is animal
fighting paraphernalia, a court or other authority should
consider statements by an owner or by anyone in control of the
object concerning its use, any prior convictions under Federal
or State law relating to animal fighting, the proximity of the
object in time and space to the direct violation of this
section, direct or circumstantial evidence of the intent of the
accused to deliver the object to persons whom he or she knows or
should reasonably know intends to use the object to facilitate a
violation of this section, oral or written instructions provided
with or in the vicinity of the object concerning its use,
descriptive materials accompanying the object which explain or
depict its use and all other logically relevant factors.
"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
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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
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.
"Social services employee." Any of the following providing
human services:
(1) An employee of the Commonwealth or a political
subdivision of the Commonwealth.
(2) An employee providing human services under contract
to the Commonwealth or a political subdivision of the
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Commonwealth.
"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. Section 6311(a) of Title 23 is amended by adding
a paragraph to read:
§ 6311. Persons required to report suspected child abuse.
(a) Mandated reporters.--The following adults shall make a
report of suspected child abuse, subject to subsection (b), if
the person has reasonable cause to suspect that a child is a
victim of child abuse:
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(17) An animal control officer or humane society police
officer.
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Section 3. This act shall take effect in 60 days.
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