Regular Session 2017-2018 House Bill 1238 P.N. 1565

PRIOR PRINTER'S NO. 1465

PRINTER'S NO. 1565

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1238

Session of

2017

INTRODUCED BY STEPHENS, BIZZARRO, GREINER, FARRY, D. COSTA,

SAINATO, READSHAW, O'BRIEN, W. KELLER, STAATS, JAMES, DEAN,

KAUFFMAN, WHEELAND, DRISCOLL, BOBACK, SCHLOSSBERG, CHARLTON,

MURT, WATSON, SCHWEYER, FREEMAN, MILLARD, A. HARRIS, MILNE,

DeLUCA, DEASY, KORTZ, DONATUCCI, GILLEN, CONKLIN, DAVIS,

PHILLIPS-HILL, RAVENSTAHL, SANTORA, ROE AND MICCARELLI,

APRIL 17, 2017

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

APRIL 25, 2017

AN ACT

Amending Titles 3 (Agriculture), 18 (Crimes and Offenses), 22

(Detectives and Private Police), 34 (Game) and 42 (Judiciary

and Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in race horse industry reform, further providing

for licenses for horse race meetings and for occupational

licenses for individuals; in riot, disorderly conduct and

related offenses, repealing provisions relating to offense of

cruelty to animals, live animals as prizes prohibited, police

animals and assault with a biological agent on animal, fowl

or honey bees and providing for offenses relating to cruelty

to animals; in humane society police officers, further

providing for definitions, for appointment by nonprofit

corporations, for qualifications for appointment, for

suspension, revocation, limitation and restriction of

appointment and restoration of appointment, for powers and

authority and jurisdiction, for search warrants and for

costs; in hunting and furtaking, further providing for

destruction of dogs declared public nuisances; in budget and

finance, further providing for municipal corporation portion

of fines, etc; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 9318(e)(1)(iv) and 9323(g.1)(3) of Title

3 of the Pennsylvania Consolidated Statutes, added October 28,

2016 (P.L.913, No.114), are amended to read:

§ 9318. Licenses for horse race meetings.

* * *

(e) Action on licenses.--The following shall apply:

(1) The commission shall be prohibited from issuing a

license to conduct a horse race meeting at which pari-mutuel

wagering is permitted to an individual or applicant or an

owner, officer, director or manager of the applicant who has

been convicted of:

* * *

(iv) An offense under 18 Pa.C.S. [§ 5511] Ch. 55

Subch. B (relating to cruelty to animals).

* * *

§ 9323. Occupational licenses for individuals.

* * *

(g.1) Denial.--The commission may deny an application for a

license or suspend, revoke or refuse to renew a license issued

under this section if it determines that the applicant or

licensee meets any of the following:

* * *

(3) Has been convicted of an offense under 18 Pa.C.S. [§

5511] Ch. 55 Subch. B (relating to cruelty to animals).

* * *

Section 2. Chapter 55 of Title 18 is amended by adding a

subchapter heading to read:

SUBCHAPTER A

DEFINITION OF OFFENSES GENERALLY

Section 3. Sections 5511, 5511.1, 5511.2 and 5511.3 of Title

18 are repealed:

[§ 5511. Cruelty to animals.

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(a) Killing, maiming or poisoning domestic animals or zoo

animals, etc.--

(1) A person commits a misdemeanor of the second degree

if he willfully and maliciously:

(i) Kills, maims or disfigures any domestic animal

of another person or any domestic fowl of another person.

(ii) Administers poison to or exposes any poisonous

substance with the intent to administer such poison to

any domestic animal of another person or domestic fowl of

another person.

(iii) Harasses, annoys, injures, attempts to injure,

molests or interferes with 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.

Any person convicted of violating the provisions of this

paragraph shall be sentenced to pay a fine of not less than

$500.

(2) A person commits a felony of the third degree if he

willfully and maliciously:

(i) Kills, maims or disfigures any zoo animal in

captivity.

(ii) Administers poison to or exposes any poisonous

substance with the intent to administer such poison to

any zoo animal in captivity.

(2.1) (i) A person commits a misdemeanor of the first

degree if he willfully and maliciously:

(A) Kills, maims, mutilates, tortures or

disfigures any dog or cat, whether belonging to

himself or otherwise. If a person kills, maims,

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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) 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.

(ii) Any person convicted of violating the

provisions of this paragraph shall be sentenced to pay a

fine of not less than $1,000 or to imprisonment for not

more than two years, or both. The court may also order a

presentence mental evaluation. A subsequent conviction

under this paragraph shall be a felony of the third

degree. This paragraph shall apply to dogs and cats only.

(iii) The killing of a dog or cat by the owner of

that animal is not malicious if it is accomplished in

accordance with the act of December 22, 1983 (P.L.303,

No.83), referred to as the Animal Destruction Method

Authorization Law.

(3) This subsection shall not apply to:

(i) the killing of any animal taken or found in the

act of actually destroying any domestic animal or

domestic fowl;

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(ii) the killing of any animal or fowl pursuant to

the act of June 3, 1937 (P.L.1225, No.316), known as The

Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring

dogs public nuisances) and 2385 (relating to destruction

of dogs declared public nuisances), or the regulations

promulgated thereunder; or

(iii) such reasonable activity as may be undertaken

in connection with vermin control or pest control.

(a.1) Guide dogs.--

(1) A person commits a misdemeanor of the third degree

if he is the owner or co-owner of a dog that kills, maims or

disfigures a guide dog of an individual who is blind, a

hearing dog of an individual who is deaf or audibly impaired

or a service dog of an individual who is physically limited

without provocation by the guide, hearing or service dog or

the individual.

(2) A person commits an offense under this subsection

only if the person knew or should have known that the dog he

owns or co-owns had a propensity to attack human beings or

domestic animals without provocation and the owner or co-

owner knowingly or recklessly failed to restrain the dog or

keep the dog in a contained, secure manner.

(3) Any person convicted of violating the provisions of

this subsection shall be sentenced to pay a fine of not more

than $5,000 and shall be ordered to make reparations for

veterinary costs in treating the guide, hearing or service

dog and, if necessary, the cost of obtaining and training a

replacement guide, hearing or service dog.

(a.2) Civil penalty and restitution.--

(1) A person who is the owner or co-owner of a dog that

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kills, maims or disfigures a guide dog of an individual who

is blind, a hearing dog of an individual who is deaf or

audibly impaired or a service dog of an individual who is

physically limited shall be subject to paragraph (2) if all

of the following apply:

(i) The owner or co-owner knew the dog had a

propensity to attack human beings or domestic animals.

(ii) The owner or co-owner failed to restrain the

dog or keep the dog in a contained, secure manner.

(2) A court of common pleas may impose any of the

following upon any person who is the owner or co-owner of a

dog under paragraph (1):

(i) A civil penalty of up to $15,000.

(ii) Reparations for veterinary costs in treating

the guide, hearing or service dog and, if necessary, the

cost of retraining the dog or of obtaining and training a

replacement guide, hearing or service dog.

(iii) Loss of income for the time the individual is

unable to work due to the unavailability of the guide,

hearing or service dog.

(b) Regulating certain actions concerning fowl or rabbits.--

A person commits a summary offense if he sells, offers for sale,

barters, or gives away baby chickens, ducklings, or other fowl,

under one month of age, or rabbits under two months of age, as

pets, toys, premiums or novelties or if he colors, dyes, stains

or otherwise changes the natural color of baby chickens,

ducklings or other fowl, or rabbits or if he brings or

transports the same into this Commonwealth. This section shall

not be construed to prohibit the sale or display of such baby

chickens, ducklings, or other fowl, or such rabbits, in proper

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facilities by persons engaged in the business of selling them

for purposes of commercial breeding and raising.

(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

summary offense.

(ii) A person convicted for a second or subsequent

time of violating paragraph (1) commits a misdemeanor of

the third 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.

(d) Selling or using disabled horse.--A person commits a

summary offense if he offers for sale or sells any horse, which

by reason of debility, disease or lameness, or for other cause,

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could not be worked or used without violating the laws against

cruelty to animals, or leads, rides, drives or transports any

such horse for any purpose, except that of conveying the horse

to the nearest available appropriate facility for its humane

keeping or destruction or for medical or surgical treatment.

(e) Transporting animals in cruel manner.--A person commits

a summary offense if he carries, or causes, or allows to be

carried in or upon any cart, or other vehicle whatsoever, any

animal in a cruel or inhumane manner. The person taking him into

custody may take charge of the animal and of any such vehicle

and its contents, and deposit the same in some safe place of

custody, and any necessary expenses which may be incurred for

taking charge of and keeping the same, and sustaining any such

animal, shall be a lien thereon, to be paid before the same can

lawfully be recovered, or the said expenses or any part thereof

remaining unpaid may be recovered by the person incurring the

same from the owner of said creature in any action therefor.

For the purposes of this section, it shall not be deemed

cruel or inhumane to transport live poultry in crates so long as

not more than 15 pounds of live poultry are allocated to each

cubic foot of space in the crate.

(e.1) Transporting equine animals in cruel manner.--

Notwithstanding any other provision of law, a person commits a

summary offense for each equine animal if the person carries, or

causes or allows to be carried, any equine animal in or upon any

conveyance or other vehicle whatsoever with two or more levels

stacked on top of one another. A person who violates this

subsection on a second or subsequent occasion commits a

misdemeanor of the third degree for each equine animal

transported.

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(f) Hours of labor of animals.--A person commits a summary

offense if he leads, drives, rides or works or causes or permits

any other person to lead, drive, ride or work any horse, mare,

mule, ox, or any other animal, whether belonging to himself or

in his possession or control, for more than 15 hours in any 24

hour period, or more than 90 hours in any one week.

Nothing in this subsection contained shall be construed to

warrant any persons leading, driving, riding or walking any

animal a less period than 15 hours, when so doing shall in any

way violate the laws against cruelty to animals.

(g) Cruelty to cow to enhance appearance of udder.--A person

commits a summary offense if he kneads or beats or pads the

udder of any cow, or willfully allows it to go unmilked for a

period of 24 hours or more, for the purpose of enhancing the

appearance or size of the udder of said cow, or by a muzzle or

any other device prevents its calf, if less than six weeks old,

from obtaining nourishment, and thereby relieving the udder of

said cow, for a period of 24 hours.

(h) Specific violations; prima facie evidence of

violation.--

(1) (i) A person commits a summary offense if the

person crops, trims or cuts off, or causes or procures to

be cropped, trimmed or cut off, the whole or part of the

ear or ears of a dog.

(ii) The provisions of this paragraph shall not

prevent a veterinarian from cropping, trimming or cutting

off the whole or part of the ear or ears of a dog when

the dog is anesthetized and shall not prevent any person

from causing or procuring the cropping, trimming or

cutting off of a dog's ear or ears by a veterinarian.

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(iii) The possession by any person of a dog with an

ear or ears cropped, trimmed or cut off and with the

wound or incision site resulting therefrom unhealed, or

any such dog being found in the charge or custody of any

person or confined upon the premises owned by or under

the control of any person, shall be prima facie evidence

of a violation of this subsection by the person except as

provided for in this subsection.

(iv) A person who procures the cropping, trimming or

cutting off of the whole or part of an ear or ears of a

dog shall record the procedure. The record shall include

the name of the attending veterinarian and the date and

location at which the procedure was performed. The record

shall be kept as long as the wound or incision site is

unhealed and shall be transferred with the dog during

that period of time.

(2) (i) A person commits a summary offense if the

person debarks a dog by cutting, causing or procuring the

cutting of its vocal cords or by altering, causing or

procuring the alteration of any part of its resonance

chamber.

(ii) The provisions of this paragraph shall not

prevent a veterinarian from cutting the vocal cords or

otherwise altering the resonance chamber of a dog when

the dog is anesthetized and shall not prevent a person

from causing or procuring a debarking procedure by a

veterinarian.

(iii) The possession by any person of a dog with the

vocal cords cut or the resonance chamber otherwise

altered and with the wound or incision site resulting

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therefrom unhealed, or any such dog being found in the

charge or custody of any person or confined upon the

premises owned by or under the control of any person,

shall be prima facie evidence of a violation of this

paragraph by the person, except as provided in this

paragraph.

(iv) A person who procures the cutting of vocal

cords or the alteration of the resonance chamber of a dog

shall record the procedure. The record shall include the

name of the attending veterinarian and the date and

location at which the procedure was performed. The record

shall be kept as long as the wound or incision site is

unhealed and shall be transferred with the dog during

that period of time.

(3) (i) A person commits a summary offense if the

person docks, cuts off, causes or procures the docking or

cutting off of the tail of a dog over five days old.

(ii) The provisions of this paragraph shall not

prevent a veterinarian from docking, cutting off or

cropping the whole or part of the tail of a dog when the

dog is at least 12 weeks of age and the procedure is

performed using general anesthesia and shall not prevent

a person from causing or procuring the cutting off or

docking of a tail of a dog by a veterinarian as provided

in this paragraph.

(iii) The provisions of this section shall not

prevent a veterinarian from surgically removing, docking,

cutting off or cropping the tail of a dog between five

days and 12 weeks of age if, in the veterinarian's

professional judgment, the procedure is medically

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necessary for the health and welfare of the dog. If the

procedure is performed, it shall be done in accordance

with generally accepted standards of veterinary practice.

(iv) The possession by any person of a dog with a

tail cut off or docked and with the wound or incision

site resulting therefrom unhealed, or any such dog being

found in the charge or custody of any person or confined

upon the premises owned by or under the control of any

person, shall be prima facie evidence of a violation of

this paragraph by the person, except as provided in this

paragraph.

(v) A person who procures the cutting off or docking

of a tail of a dog shall record the procedure. The record

shall include the name of the attending veterinarian and

the date and location at which the procedure was

performed. The record shall be kept as long as the wound

or incision site is unhealed and shall be transferred

with the dog during that period of time.

(4) (i) A person commits a summary offense if the

person surgically births or causes or procures a surgical

birth.

(ii) The provisions of this section shall not

prevent a veterinarian from surgically birthing a dog

when the dog is anesthetized and shall not prevent any

person from causing or procuring a surgical birthing by a

veterinarian.

(iii) The possession by any person of a dog with a

wound or incision site resulting from a surgical birth

unhealed, or any such dog being found in the charge or

custody of any person or confined upon the premises owned

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by or under the control of any person, shall be prima

facie evidence of a violation of this paragraph by the

person, except as provided in this paragraph.

(iv) A person who procures the surgical birth of a

dog shall record the procedure. The record shall include

the name of the attending veterinarian and the date and

location at which the procedure was performed. The record

shall be kept as long as the wound or incision site is

unhealed and shall be transferred with the dog during

that period of time.

(v) This paragraph shall not apply to personnel

required to comply with standards to minimize pain to an

animal set forth in section 2143(a)(3) of the Animal

Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.),

trained in accordance with section 2143(d) of the Animal

Welfare Act, who work in a federally registered research

facility required to comply with the Animal Welfare Act

under the guidance or oversight of a veterinarian.

(5) (i) A person commits a summary offense if the

person cuts off or causes or procures the cutting off of

the dewclaw of a dog over five days old.

(ii) The provisions of this paragraph shall not

prevent a veterinarian from cutting the dewclaw and shall

not prevent a person from causing or procuring the

procedure by a veterinarian.

(iii) The possession by any person of a dog with the

dewclaw cut off and with the wound or incision site

resulting therefrom unhealed, or any such dog being found

in the charge or custody of any person or confined upon

the premises owned by or under the control of any person,

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shall be prima facie evidence of a violation of this

paragraph by the person, except as provided in this

paragraph.

(iv) A person who procures the cutting off of the

dewclaw of a dog shall record the procedure. The record

shall include the name of the attending veterinarian and

the date and location at which the procedure was

performed. The record shall be kept as long as the wound

or incision site is unhealed and shall be transferred

with the dog during that period of time.

(h.1) Animal fighting.--A person commits a felony of the

third degree if he:

(1) for amusement or gain, causes, allows or permits any

animal to engage in animal fighting;

(2) receives compensation for the admission of another

person to any place kept or used for animal fighting;

(3) owns, possesses, keeps, trains, promotes, purchases,

steals or acquires in any manner or knowingly sells any

animal for animal fighting;

(4) in any way knowingly encourages, aids or assists

therein;

(5) wagers on the outcome of an animal fight;

(6) pays for admission to an animal fight or attends an

animal fight as a spectator; or

(7) knowingly permits any place under his control or

possession to be kept or used for animal fighting.

This subsection shall not apply to activity undertaken in a

normal agricultural operation.

(h.2) Possession of animal fighting paraphernalia.--In

addition to any other penalty provided by law, a person commits

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a misdemeanor of the third degree if he knowingly owns or

possesses animal fighting paraphernalia.

(i) Power to initiate criminal proceedings.--An agent of any

society or association for the prevention of cruelty to animals,

incorporated under the laws of the Commonwealth, shall have the

same powers to initiate criminal proceedings provided for police

officers by the Pennsylvania Rules of Criminal Procedure. An

agent of any society or association for the prevention of

cruelty to animals, incorporated under the laws of this

Commonwealth, shall have standing to request any court of

competent jurisdiction to enjoin any violation of this section.

(j) Seizure of animals kept or used for animal fighting.--

Any police officer or agent of a society or association for the

prevention of cruelty to animals incorporated under the laws of

this Commonwealth, shall have power to seize any animal kept,

used, or intended to be used for animal fighting. When the

seizure is made, the animal or animals so seized shall not be

deemed absolutely forfeited, but shall be held by the officer or

agent seizing the same until a conviction of some person is

first obtained for a violation of subsection (h.1) or forfeiture

is obtained under the act of July 9, 2013 (P.L.263, No.50),

known as the Costs of Care of Seized Animals Act. The officer or

agent making such seizure shall make due return to the issuing

authority, of the number and kind of animals or creatures so

seized by him. Where an animal is thus seized, the police

officer or agent is authorized to provide such care as is

reasonably necessary, and where any animal thus seized is found

to be disabled, injured or diseased beyond reasonable hope of

recovery, the police officer or agent is authorized to provide

for the humane destruction of the animal. In addition to any

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other penalty provided by law, the authority imposing sentence

upon a conviction for any violation of subsection (h.1) shall

order the forfeiture or surrender of any abused, neglected or

deprived animal of the defendant to any society or association

for the prevention of cruelty to animals duly incorporated under

the laws of this Commonwealth and shall require that the owner

pay the cost of the keeping, care and destruction of the animal.

(k) Killing homing pigeons.--A person commits a summary

offense if he shoots, maims or kills any antwerp or homing

pigeon, either while on flight or at rest, or detains or entraps

any such pigeon which carries the name of its owner.

(l) Search warrants.--Where a violation of this section is

alleged, any issuing authority may, in compliance with the

applicable provisions of the Pennsylvania Rules of Criminal

Procedure, issue to any police officer or any agent of any

society or association for the prevention of cruelty to animals

duly incorporated under the laws of this Commonwealth a search

warrant authorizing the search of any building or any enclosure

in which any violation of this section is occurring or has

occurred, and authorizing the seizure of evidence of the

violation including, but not limited to, the animals which were

the subject of the violation. Where an animal thus seized is

found to be neglected or starving, the police officer or agent

is authorized to provide such care as is reasonably necessary,

and where any animal thus seized is found to be disabled,

injured or diseased beyond reasonable hope of recovery, the

police officer or agent is authorized to provide for the humane

destruction of the animal. The cost of the keeping, care and

destruction of the animal shall be paid by the owner thereof and

claims for the costs shall constitute a lien upon the animal. In

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addition to any other penalty provided by law, the authority

imposing sentence upon a conviction for any violation of this

section may require that the owner pay the cost of the keeping,

care and destruction of the animal. No search warrant shall be

issued based upon an alleged violation of this section which

authorizes any police officer or agent or other person to enter

upon or search premises where scientific research work is being

conducted by, or under the supervision of, graduates of duly

accredited scientific schools or where biological products are

being produced for the care or prevention of disease.

(m) Forfeiture.--In addition to any other penalty provided

by law, the authority imposing sentence upon a conviction for

any violation of this section may order the forfeiture or

surrender of any abused, neglected or deprived animal of the

defendant to any society or association for the prevention of

cruelty to animals duly incorporated under the laws of this

Commonwealth.

(m.1) Fine for summary offense.--In addition to any other

penalty provided by law, a person convicted of a summary offense

under this section shall pay a fine of not less than $50 nor

more than $750 or to imprisonment for not more than 90 days, or

both.

(m.2) Prohibition of ownership.--Notwithstanding any

provision of law and in addition to any other penalty provided

by law, the authority imposing sentence upon a conviction for

any violation of this section may order the prohibition or

limitation of the defendant's ownership, possession, control or

custody of animals or employment with the care of animals for a

period of time not to exceed the statutory maximum term of

imprisonment applicable to the offense for which sentence is

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being imposed.

(n) Skinning of and selling or buying pelts of dogs and

cats.--A person commits a summary offense if he skins a dog or

cat or offers for sale or exchange or offers to buy or exchange

the pelt or pelts of any dog or cat.

(o) Representation of humane society by attorney.--Upon

prior authorization and approval by the district attorney of the

county in which the proceeding is held, an association or agent

may be represented in any proceeding under this section by any

attorney admitted to practice before the Supreme Court of

Pennsylvania and in good standing. Attorney's fees shall be

borne by the humane society or association which is represented.

(o.1) Construction of section.--The provisions of this

section shall not supersede the act of December 7, 1982

(P.L.784, No.225), known as the Dog Law.

(p) Applicability of section.--This section shall not apply

to, interfere with or hinder any activity which is authorized or

permitted pursuant to the act of June 3, 1937 (P.L.1225,

No.316), known as The Game Law or Title 34 (relating to game).

(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

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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

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.

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"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.

"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.

§ 5511.1. Live animals as prizes prohibited.

(a) General rule.--No person shall give or offer to give

away any live animal, except fish, as a prize in any drawing,

lottery, contest, sweepstakes or other game. No person operating

any drawing, lottery, contest, sweepstake or other game shall

sell or offer to sell any live animal, except fish, in

conjunction with the operation of a drawing, lottery, contest,

sweepstakes or other game.

(b) Exception.--

(1) This section shall not apply to any domestic animal

given away or sold in connection with any agricultural,

educational or vocational program sponsored or sanctioned by

the Department of Agriculture.

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(2) The Department of Agriculture shall promulgate the

rules and regulations necessary to provide the conditions and

requirements of live animal offerings under this subsection.

shall not supersede the act of December 7, 1982 (P.L.784,

No.225), known as the Dog Law.

(d) Penalty.--A violation of this section constitutes a

summary offense punishable by a fine of not more than $250.

§ 5511.2. Police animals.

(a) Illegal to taunt police animals.--It shall be unlawful

for any person to willfully or maliciously taunt, torment,

tease, beat, kick or strike a police animal. Any person who

violates any of the provisions of this subsection commits a

felony of the third degree.

(b) Illegal to torture police animals.--It shall be unlawful

for any person to willfully or maliciously torture, mutilate,

injure, disable, poison or kill a police animal. Any person who

violates any of the provisions of this subsection commits a

felony of the second degree.

convicted of a violation of subsection (a) or (b), the defendant

shall be ordered to make restitution to the agency or individual

owning the animal for any veterinary bills, for replacement

costs of the animal if it is disabled or killed and for the

salary of the animal's handler for the period of time the

handler's services are lost to the agency.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Accelerate detection dog." A dog which is trained for

20170HB1238PN1565 - 21 -

accelerant detection, commonly referred to as arson canines.

"Bomb detection dog." A dog which is trained to locate a

bomb or explosives by scent.

"Narcotic detection dog." A dog which is trained to locate

narcotics by scent.

"Police animal." An animal, including, but not limited to,

dogs and horses, used by the Pennsylvania State Police, a police

department created by a metropolitan transportation authority

operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan

transportation authorities), a police department created

pursuant to the act of April 6, 1956 (1955 P.L.1414, No.465),

known as the Second Class County Port Authority Act, the Capitol

Police, the Department of Corrections, a county facility or

office or by a municipal police department, fire department,

search and rescue unit or agency or handler under the

supervision of such department, search and rescue unit or agency

in the performance of the functions or duties of such

department, search and rescue unit or agency, whether the animal

is on duty or not on duty. The term shall include, but not be

limited to, an accelerant detection dog, bomb detection dog,

narcotic detection dog, search and rescue dog and tracking

animal.

"Search and rescue dog." A dog which is trained to locate

lost or missing persons, victims of natural or manmade disasters

and human bodies.

"Tracking animal." An animal which is trained to track or

used to pursue a missing person, escaped inmate or fleeing

felon.

§ 5511.3. Assault with a biological agent on animal, fowl or

honey bees.

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(a) Offense defined.--A person commits a felony of the

second degree if the person intentionally, knowingly or

maliciously exposes or causes to be exposed an animal, fowl or

honey bees to any virus, bacteria, prion or other agent which

causes infectious disease, including any of the following:

(1) Foot-and-mouth disease.

(2) Bovine spongiform encephalopathy (BSE), commonly

known as mad cow disease.

(3) Avian influenza.

(4) Varroamite.

(b) Restitution.--The person convicted of violating this

section shall, in addition to any other sentence imposed, be

sentenced to pay the owner of the afflicted animal, fowl or

honey bees restitution in an amount equal to the cost of the

financial damages incurred as a result of the offense, including

the following:

(1) Value of afflicted animal, fowl or honey bees.

(2) Disposal of afflicted animal, fowl or honey bees.

(3) Testing for disease on existing animal.

(4) Cleanup and sanitization of property and buildings

on and in which afflicted animals, fowl or honey bees were

located.

(5) Liability insurance for cleanup and sanitization

workers.

(6) Soil testing of property.

(7) Loss revenue for aggrieved owner of afflicted

animal, fowl or honey bees.

apply to research or veterinarian services, including

immunizations, vaccinations or other treatments administered

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during the normal scope of practice.]

Section 4. Chapter 55 of Title 18 is amended by adding a

subchapter to read:

SUBCHAPTER B

CRUELTY TO ANIMALS

Sec.

5531. Definitions.

5532. Neglect of animal.

5533. Cruelty to animal.

5534. Aggravated cruelty to animal.

5535. Attack of guide dog.

5536. Tethering of unattended dog.

5537. Selling or using disabled horse.

5538. Transporting animals in cruel manner.

5539. Transporting equine animals in cruel manner.

5540. Hours of labor of animals.

5541. Cruelty to cow to enhance appearance of udder.

5542. Animal mutilation and related offenses.

5543. Animal fighting.

5544. Possession of animal fighting paraphernalia.

5545. Killing homing pigeons.

5546. Skinning of and selling or buying pelts of dogs and cats.

5547. Live animals as prizes prohibited.

5548. Police animals.

5549. Assault with a biological agent on animal, fowl or honey

bees.

5550. Fine and term of imprisonment for summary offense.

5551. Power to initiate criminal proceedings.

5552. Seizure of animals kept or used for animal fighting.

5553. Search warrants.

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5554. Forfeiture.

5555. Prohibition of ownership.

5556. Civil immunity for veterinarians LICENSED DOCTORS OF

VETERINARY MEDICINE , technicians and assistants.

5557. Civil immunity for humane society police officers.

5558. Representation of humane society by attorney.

5559. Construction of subchapter.

5560. Exemption of normal agricultural operations.

5561. Nonapplicability of subchapter.

§ 5531. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Accelerant detection dog." A dog that is trained for

accelerant detection, commonly referred to as arson canines.

"Animal fighting." Fighting or baiting a bull, bear, dog,

cock or other creature.

"Animal fighting paraphernalia." A 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 the

following:

(1) Statements by an owner or by an individual in

control of the object concerning its use.

(2) A prior conviction under Federal or State law

relating to animal fighting.

(3) The proximity of the object in time and space to the

direct violation of this subchapter.

(4) Direct or circumstantial evidence of the intent of

20170HB1238PN1565 - 25 -

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the accused to deliver the object to persons whom the accused

knows or should reasonably know intends to use the object to

facilitate a violation of this subchapter.

(5) Oral or written instructions provided with or in the

vicinity of the object concerning the object's use.

(6) Descriptive materials accompanying the object which

explain or depict the object's use.

(7) 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.

"Bodily injury." Impairment of physical condition or

substantial pain.

"Bomb detection dog." A dog that is trained to locate a bomb

or explosives by scent.

"Certified veterinary technician." As defined in section

3(13) of the act of December 27, 1974 (P.L.995, No.326), known

as the Veterinary Medicine Practice Act.

"Conveyance." A truck, tractor, trailer or semitrailer, or a

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." A dog, cat, equine animal, bovine animal,

20170HB1238PN1565 - 26 -

sheep, goat or porcine animal.

"Domestic fowl." An avis raised for food, hobby or sport.

"Equine animal." A member of the Equidae family, which

includes horses, asses, mules, ponies and zebras.

"Humane society police officer." As defined in 22 Pa.C.S. §

3702 (relating to definitions).

"Licensed doctor of veterinary medicine." As defined in

section 3(8) of the Veterinary Medicine Practice Act.

"Narcotic detection dog." A dog that is trained to locate

narcotics by scent.

"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.

"Police animal." An animal, including, but not limited to,

dogs and horses, used by the Pennsylvania State Police, a police

department created by a metropolitan transportation authority

operating under 74 Pa.C.S. Ch. 17 (relating to metropolitan

transportation authorities), a police department created under

the act of April 6, 1956 (1955 P.L.1414, No.465), known as the

Second Class County Port Authority Act, the Capitol Police, the

20170HB1238PN1565 - 27 -

Department of Corrections, a county facility or office or by a

municipal police department, fire department, search and rescue

unit or agency or handler under the supervision of the

department, search and rescue unit or agency in the performance

of the functions or duties of the department, search and rescue

unit or agency, whether the animal is on duty or not on duty.

The term shall include, but not be limited to, an accelerant

detection dog, bomb detection dog, narcotic detection dog,

search and rescue dog and tracking animal.

"Search and rescue dog." A dog that is trained to locate

lost or missing persons, victims of natural or manmade disasters

and human bodies.

"Serious bodily injury." Bodily injury that creates a

substantial risk of death or causes serious, permanent

disfigurement or protracted loss or impairment of the function

of a bodily member or organ.

"Torture." Any of the following acts directed toward or

against an animal unless directed to be performed by a

veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE acting

within the normal scope of practice:

(1) Breaking, severing or severely impairing limbs.

(2) Inflicting severe and prolonged pain from burning,

crushing or wounding.

(3) Causing or allowing severe and prolonged pain

through prolonged deprivation of food or sustenance without

veterinary care.

"Tracking animal." An animal that is trained to track or

used to pursue a missing person, escaped inmate or fleeing

felon.

"Veterinarian." A licensed doctor of veterinary medicine,

20170HB1238PN1565 - 28 -

<--

certified veterinary technician or veterinary assistant.

"Veterinary assistant." As defined in section 3(14) of the

Veterinary Medicine Practice Act.

§ 5532. Neglect of animal.

(a) Offense defined.--A person commits an offense if the

person fails to provide any of the following for each animal to

which the person has a duty of care, whether belonging to

himself or otherwise:

(1) Necessary sustenance and potable water.

(2) Access to clean and sanitary shelter and protection

from the weather. The shelter must be sufficient to permit

the animal to retain body heat and keep the animal dry.

(3) Necessary veterinary care.

(b) Grading.--

(1) Except as set forth in paragraph (2), a violation of

this section is a summary offense.

(2) If the violation causes bodily injury to the animal

or places the animal at imminent risk of serious bodily

injury, a violation of this section is a misdemeanor of the

third degree.

§ 5533. Cruelty to animal.

(a) Offense defined.--A person commits an offense if the

person intentionally, knowingly or recklessly illtreats,

overloads, beats, abandons or abuses an animal.

(b) Grading.--

(1) Except as set forth in paragraph (2), a violation of

this section is a summary offense.

(2) If the violation causes bodily injury to the animal

or places the animal at imminent risk of serious bodily

injury, a violation of this section is a misdemeanor of the

20170HB1238PN1565 - 29 -

second degree.

§ 5534. Aggravated cruelty to animal.

(a) Offense defined.--A person commits an offense if the

person intentionally or knowingly does any of the following:

(1) Tortures an animal.

(2) Violates section 5532 (relating to neglect of

animal) or 5533 (relating to cruelty to animal) causing

serious bodily injury to the animal or the death of the

animal.

(b) Grading.--A violation of this section is a felony of the

third degree.

§ 5535. Attack of guide dog.

(a) Offense defined.--A person commits a misdemeanor of the

third degree if the person is the owner of a dog that kills,

maims or disfigures a guide dog of an individual who is blind, a

hearing dog of an individual who is deaf or audibly impaired or

a service dog of an individual who is physically limited without

provocation by the guide, hearing or service dog or the

individual.

(b) Culpability.--A person commits an offense under this

section only if the person knew or should have known that the

dog the person owns had a propensity to attack human beings or

domestic animals without provocation, and the owner knowingly or

recklessly failed to restrain the dog or keep the dog in a

contained, secure manner.

shall be sentenced to pay a fine of not more than $5,000 and

shall be ordered to make reparations for veterinary costs in

treating the guide, hearing or service dog and, if necessary,

the cost of obtaining and training a replacement guide, hearing

20170HB1238PN1565 - 30 -

or service dog.

(d) Civil penalty and restitution.--

(1) A person who is the owner of a dog that kills, maims

or disfigures a guide dog of an individual who is blind, a

hearing dog of an individual who is deaf or audibly impaired

or a service dog of an individual who is physically limited

shall be subject to paragraph (2) if both of the following

apply:

(i) The owner knew the dog had a propensity to

attack human beings or domestic animals.

(ii) The owner failed to restrain the dog or keep

the dog in a contained, secure manner.

(2) A court of common pleas may impose any of the

following upon a person who is the owner of a dog under

paragraph (1):

(i) A civil penalty of up to $15,000.

(ii) Reparations for veterinary costs in treating

the guide, hearing or service dog and, if necessary, the

cost of retraining the dog or of obtaining and training a

replacement guide, hearing or service dog.

(iii) Loss of income for the time the individual is

unable to work due to the unavailability of the guide,

hearing or service dog.

§ 5536. Tethering of unattended dog.

(a) Presumptions.--

(1) Tethering an unattended dog out of doors for less

than nine hours within a 24-hour period when all of the

following conditions are present shall create a rebuttable

presumption that a dog has not been the subject of neglect

within the meaning of section 5532:

20170HB1238PN1565 - 31 -

(i) The tether is of a type commonly used for the

size and breed of dog and is at least three times the

length of the dog as measured from the tip of its nose to

the base of its tail or 10 feet, whichever is longer.

(ii) The tether is secured to a well-fitted collar

or harness by means of a swivel anchor, swivel latch or

other mechanism designed to prevent the dog from becoming

entangled.

(iii) The tethered dog has access to potable water

and an area of shade that permits the dog to escape the

direct rays of the sun.

(iv) The dog has not been tethered for longer than

30 minutes in temperatures above 90 or below 32 degrees

Fahrenheit.

(2) The presence of any of the following conditions

regarding tethering an unattended dog out of doors shall

create a rebuttable presumption that a dog has been the

subject of neglect within the meaning of section 5532:

(i) Excessive waste or excrement in the area where

the dog is tethered.

(ii) Open sores or wounds on the dog's body.

(iii) The use of a tow or log chain, or a choke,

pinch, prong or chain collar.

(b) Construction.--This section shall not be construed to

prohibit any of the following:

(1) Tethering a dog while actively engaged in lawful

hunting, exhibition, performance events or field training.

(2) Tethering a hunting, sporting or sledding dog breed

where tethering is integral to the training, conditioning or

purpose of the dog.

20170HB1238PN1565 - 32 -

(3) Tethering a dog in compliance with the requirements

of a camping or recreational area.

(4) Tethering a dog for a period of time, not to exceed

one hour, reasonably necessary for the dog or person to

complete a temporary task.

§ 5537. Selling or using disabled horse.

A person commits a summary offense if the person offers for

sale or sells a horse, which by reason of debility, disease or

lameness, or for other cause, could not be worked or used

without violating the laws against cruelty to animals, or leads,

rides, drives or transports any such horse for any purpose,

except that of conveying the horse to the nearest available

appropriate facility for humane keeping or destruction or for

medical or surgical treatment.

§ 5538. Transporting animals in cruel manner.

(a) Offense defined.--A person commits a summary offense if

the person carries, or causes or allows to be carried, in or

upon any cart or other vehicle whatsoever an animal in a cruel

or inhumane manner. The person taking the offender into custody

may take charge of the animal and of the vehicle and the

vehicle's contents, and deposit the same in a safe place of

custody, and the necessary expenses that may be incurred for

taking charge of and keeping the same, and sustaining the

animal, shall be a lien thereon, to be paid before the same can

lawfully be recovered, or the expenses or any part thereof

remaining unpaid may be recovered by the person incurring the

same from the owner of the animal in an action therefor.

(b) Exception.--For the purposes of this section, it shall

not be deemed cruel or inhumane to transport live poultry in

crates so long as not more than 15 pounds of live poultry are

20170HB1238PN1565 - 33 -

allocated to each cubic foot of space in the crate.

§ 5539. Transporting equine animals in cruel manner.

Notwithstanding any other provision of law, a person commits

a summary offense for each equine animal if the person carries,

or causes or allows to be carried, an equine animal in or upon a

conveyance or other vehicle whatsoever with two or more levels

stacked on top of one another. A person who violates this

section on a second or subsequent occasion commits a misdemeanor

of the third degree for each equine animal transported.

§ 5540. Hours of labor of animals.

(a) Offense defined.--A person commits a summary offense if

the person leads, drives, rides or works or causes or permits

another person to lead, drive, ride or work a horse, mule, ox or

other animal, whether belonging to the person or in the person's

possession or control, for more than 15 hours in a 24-hour

period or more than 90 hours in one week.

(b) Construction.--Nothing in this section shall be

construed to warrant a person leading, driving, riding or

walking an animal for a period less than 15 hours, when doing so

shall in any way violate the laws against cruelty to animals.

§ 5541. Cruelty to cow to enhance appearance of udder.

A person commits a summary offense if the person kneads or

beats or pads the udder of a cow, or willfully allows it to go

unmilked for a period of 24 hours or more, for the purpose of

enhancing the appearance or size of the udder of the cow, or by

a muzzle or any other device, prevents the cow's calf, if less

than six weeks old, from obtaining nourishment, and thereby

relieving the udder of the cow, for a period of 24 hours.

§ 5542. Animal mutilation and related offenses.

(a) Cropping of ear.--The following apply:

20170HB1238PN1565 - 34 -

(1) A person commits an offense under section 5533

(relating to cruelty to animal) if the person crops, trims or

cuts off, or causes or procures to be cropped, trimmed or cut

off, the whole or part of the ear or ears of a dog.

(2) The provisions of this subchapter shall not prevent

a veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE from

cropping, trimming or cutting off the whole or part of the

ear or ears of a dog when the dog is anesthetized and shall

not prevent a person from causing or procuring the cropping,

trimming or cutting off of a dog's ear or ears by a

veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE .

(3) The possession by a person of a dog with an ear or

ears cropped, trimmed or cut off and with the wound or

incision site resulting therefrom unhealed, or any such dog

being found in the charge or custody of any person or

confined upon the premises owned by or under the control of

any person, shall be prima facie evidence of a violation by

the person, except as provided for in this subsection.

(4) A person who procures the cropping, trimming or

cutting off of the whole or part of an ear or ears of a dog

shall record the procedure. The record shall include the name

of the attending veterinarian LICENSED DOCTOR OF VETERINARY

MEDICINE and the date and location at which the procedure was

performed. The record shall be kept as long as the wound or

incision site is unhealed and shall be transferred with the

dog during that period of time.

(b) Debarking.--The following apply:

(1) A person commits an offense under section 5533 if

the person debarks a dog by cutting, causing or procuring the

cutting of its vocal cords or by altering, causing or

20170HB1238PN1565 - 35 -

<--

procuring the alteration of a part of its resonance chamber.

(2) The provisions of this subchapter shall not prevent

a veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE from

cutting the vocal cords or otherwise altering the resonance

chamber of a dog when the dog is anesthetized and shall not

prevent a person from causing or procuring a debarking

procedure by a veterinarian LICENSED DOCTOR OF VETERINARY

MEDICINE .

(3) The possession by a person of a dog with the vocal

cords cut or the resonance chamber otherwise altered and with

the wound or incision site resulting therefrom unhealed, or

any such dog being found in the charge or custody of a person

or confined upon the premises owned by or under the control

of a person, shall be prima facie evidence of a violation by

the person, except as provided in this subsection.

(4) A person who procures the cutting of vocal cords or

the alteration of the resonance chamber of a dog shall record

the procedure. The record shall include the name of the

attending veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE

and the date and location at which the procedure was

performed. The record shall be kept as long as the wound or

incision site is unhealed and shall be transferred with the

dog during that period of time.

(1) A person commits an offense under section 5533 if

the person docks, cuts off, causes or procures the docking or

cutting off of the tail of a dog over five days old.

(2) The provisions of this subchapter shall not prevent

a veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE from

docking, cutting off or cropping the whole or part of the

20170HB1238PN1565 - 36 -

<--

tail of a dog when the dog is at least 12 weeks of age and

the procedure is performed using general anesthesia and shall

not prevent a person from causing or procuring the cutting

off or docking of a tail of a dog by a veterinarian LICENSED

DOCTOR OF VETERINARY MEDICINE as provided in this subsection.

(3) The provisions of this subchapter shall not prevent

a veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE from

surgically removing, docking, cutting off or cropping the

tail of a dog between five days and 12 weeks of age if, in

the veterinarian's LICENSED DOCTOR OF VETERINARY MEDICINE'S

professional judgment, the procedure is medically necessary

for the health and welfare of the dog. If the procedure is

performed, it shall be done in accordance with generally

accepted standards of veterinary practice.

(4) The possession by a person of a dog with a tail cut

off or docked and with the wound or incision site resulting

therefrom unhealed, or any such dog being found in the charge

or custody of any person or confined upon the premises owned

by or under the control of any person, shall be prima facie

evidence of a violation by the person, except as provided in

this subsection.

(5) A person who procures the cutting off or docking of

a tail of a dog shall record the procedure. The record shall

include the name of the attending veterinarian LICENSED

DOCTOR OF VETERINARY MEDICINE and the date and location at

which the procedure was performed. The record shall be kept

as long as the wound or incision site is unhealed and shall

be transferred with the dog during that period of time.

(d) Surgical birth.--The following apply:

(1) A person commits an offense under section 5533 if

20170HB1238PN1565 - 37 -

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the person surgically births or causes or procures a surgical

birth.

(2) The provisions of this subchapter shall not prevent

a veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE from

surgically birthing a dog when the dog is anesthetized and

shall not prevent a person from causing or procuring a

surgical birthing by a veterinarian LICENSED DOCTOR OF

VETERINARY MEDICINE .

(3) The possession by a person of a dog with a wound or

incision site resulting from a surgical birth unhealed, or

any such dog being found in the charge or custody of a person

or confined upon the premises owned by or under the control

of any person, shall be prima facie evidence of a violation

by the person, except as provided in this subsection.

(4) A person who procures the surgical birth of a dog

shall record the procedure. The record shall include the name

of the attending veterinarian LICENSED DOCTOR OF VETERINARY

MEDICINE and the date and location at which the procedure was

performed. The record shall be kept as long as the wound or

incision site is unhealed and shall be transferred with the

dog during that period of time.

(5) This subsection shall not apply to personnel

required to comply with standards to minimize pain to an

animal set forth in section 2143(a)(3) of the Animal Welfare

Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.), trained in

accordance with section 2143(d) of the Animal Welfare Act,

who work in a federally registered research facility required

to comply with the Animal Welfare Act under the guidance or

oversight of a veterinarian LICENSED DOCTOR OF VETERINARY

MEDICINE .

20170HB1238PN1565 - 38 -

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(e) Declawing DEWCLAWING .--The following apply:

(1) A person commits an offense under section 5533 if

the person cuts off or causes or procures the cutting off of

the dewclaw of a dog over five days old.

(2) The provisions of this subchapter shall not prevent

a veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE from

cutting the dewclaw and shall not prevent a person from

causing or procuring the procedure by a veterinarian LICENSED

DOCTOR OF VETERINARY MEDICINE .

(3) The possession by a person of a dog with the dewclaw

cut off and with the wound or incision site resulting

therefrom unhealed, or any such dog being found in the charge

or custody of a person or confined upon the premises owned by

or under the control of a person, shall be prima facie

evidence of a violation by the person, except as provided in

this subsection.

(4) A person who procures the cutting off of the dewclaw

of a dog shall record the procedure. The record shall include

the name of the attending veterinarian LICENSED DOCTOR OF

VETERINARY MEDICINE and the date and location at which the

procedure was performed. The record shall be kept as long as

the wound or incision site is unhealed and shall be

transferred with the dog during that period of time.

(f) Additional penalty.--In addition to any other penalty

provided by law, upon conviction for conduct described in this

section, the court may order the convicted person to undergo a

psychological or psychiatric evaluation and to undergo treatment

at the convicted person's expense that the court determines to

be appropriate after due consideration of the evaluation.

§ 5543. Animal fighting.

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A person commits a felony of the third degree if the person:

(1) for amusement or gain, causes, allows or permits an

animal to engage in animal fighting;

(2) receives compensation for the admission of another

person to a place kept or used for animal fighting;

(3) owns, possesses, keeps, trains, promotes, purchases,

steals or acquires in any manner or knowingly sells an animal

for animal fighting;

(4) in any way knowingly encourages, aids or assists

therein;

(5) wagers on the outcome of an animal fight;

(6) pays for admission to an animal fight or attends an

animal fight as a spectator; or

(7) knowingly permits a place under the person's control

or possession to be kept or used for animal fighting.

§ 5544. Possession of animal fighting paraphernalia.

In addition to any other penalty provided by law, a person

commits a misdemeanor of the third degree if the person

knowingly owns or possesses animal fighting paraphernalia.

§ 5545. Killing homing pigeons.

A person commits a summary offense if the person shoots,

maims or kills an antwerp or homing pigeon, either while on

flight or at rest, or detains or entraps a pigeon which carries

the name of the pigeon's owner.

§ 5546. Skinning of and selling or buying pelts of dogs and

cats.

A person commits a summary offense if the person skins a dog

or cat or offers for sale or exchange or offers to buy or

exchange the pelt or pelts of a dog or cat.

§ 5547. Live animals as prizes prohibited.

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(a) General rule.--No person shall give or offer to give

away a live animal, except fish, as a prize in a drawing,

lottery, contest, sweepstakes or other game. No person operating

a drawing, lottery, contest, sweepstakes or other game shall

sell or offer to sell a live animal, except fish, in conjunction

with the operation of a drawing, lottery, contest, sweepstakes

or other game.

(b) Regulating certain actions concerning fowl or rabbits.--

No person shall sell, offer for sale, barter or give away baby

chickens, ducklings or other fowl under one month of age or

rabbits under two months of age as pets, toys, premiums or

novelties or color, dye, stain or otherwise change the natural

color of baby chickens, ducklings or other fowl or rabbits. This

subsection shall not be construed to prohibit the sale or

display of baby chickens, ducklings or other fowl or rabbits in

proper facilities by persons engaged in the business of selling

them for purposes of commercial breeding and raising.

(1) This section shall not apply to a domestic animal

given away or sold in connection with an agricultural,

educational or vocational program sponsored or sanctioned by

the Department of Agriculture.

(2) The Department of Agriculture shall promulgate the

rules and regulations necessary to provide the conditions and

requirements of live animal offerings under this subsection.

(d) Penalty.--A violation of this section constitutes a

summary offense punishable by a fine of not more than $250.

§ 5548. Police animals.

(a) Illegal to taunt police animals.--It shall be unlawful

for a person to intentionally or knowingly taunt, torment,

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tease, beat, kick or strike a police animal. A person who

violates the provisions of this subsection commits a felony of

the third degree.

(b) Illegal to torture police animals.--It shall be unlawful

for a person to intentionally or knowingly torture, mutilate,

injure, disable, poison or kill a police animal. A person who

violates the provisions of this subsection commits a felony of

the second degree.

convicted of a violation of subsection (a) or (b), the defendant

shall be ordered to make restitution to the agency or individual

owning the animal for veterinary bills, for replacement costs of

the animal if it is disabled or killed and for the salary of the

animal's handler for the period of time the handler's services

are lost to the agency.

§ 5549. Assault with a biological agent on animal, fowl or

honey bees.

(a) Offense defined.--A person commits a felony of the

second degree if the person intentionally, knowingly or

maliciously exposes or causes to be exposed an animal, fowl or

honey bees to a virus, bacteria, prion or other agent which

causes infectious disease, including any of the following:

(1) Foot-and-mouth disease.

(2) Bovine spongiform encephalopathy (BSE), commonly

known as mad cow disease.

(3) Avian influenza.

(4) Varroa mite.

(b) Restitution.--The person convicted of violating this

section shall, in addition to any other sentence imposed, be

sentenced to pay the owner of the afflicted animal, fowl or

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honey bees restitution in an amount equal to the cost of the

financial damages incurred as a result of the offense, including

the following:

(1) Value of afflicted animal, fowl or honey bees.

(2) Disposal of afflicted animal, fowl or honey bees.

(3) Testing for disease on existing animal.

(4) Cleanup and sanitization of property and buildings

on and in which afflicted animals, fowl or honey bees were

located.

(5) Liability insurance for cleanup and sanitization

workers.

(6) Soil testing of property.

(7) Loss of revenue for the aggrieved owner of afflicted

animal, fowl or honey bees.

apply to research or veterinarian services, including

immunizations, vaccinations or other treatments administered

during the normal scope of practice.

§ 5550. Fine and term of imprisonment for summary offense.

Unless otherwise specifically provided, a person convicted of

a summary offense under this subchapter shall, upon conviction,

be sentenced to pay a fine of not less than $50 nor more than

$750 or imprisonment for not more than 90 days, or both.

§ 5551. Power to initiate criminal proceedings.

An agent of a society or association for the prevention of

cruelty to animals, incorporated under the laws of this

Commonwealth, shall have the same powers to initiate criminal

proceedings provided for police officers by the Pennsylvania

Rules of Criminal Procedure. An agent of a society or

association for the prevention of cruelty to animals,

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incorporated under the laws of this Commonwealth, shall have

standing to request a court of competent jurisdiction to enjoin

a violation of this subchapter.

§ 5552. Seizure of animals kept or used for animal fighting.

A police officer or agent of a society or association for the

prevention of cruelty to animals incorporated under the laws of

this Commonwealth shall have power to seize an animal kept, used

or intended to be used for animal fighting. When the seizure is

made, the animal or animals seized shall not be deemed

absolutely forfeited but shall be held by the officer or agent

seizing the animal or animals until a conviction of a person is

first obtained for a violation of section 5543 (relating to

animal fighting) or forfeiture is obtained under the act of July

9, 2013 (P.L.263, No.50), known as the Costs of Care of Seized

Animals Act. The officer or agent making the seizure shall make

due return to the issuing authority of the number and kind of

animals or creatures seized by the officer or agent. Where an

animal is seized, the police officer or agent is authorized to

provide the care that is reasonably necessary and, where an

animal seized is found to be disabled, injured or diseased

beyond reasonable hope of recovery, the police officer or agent

is authorized to provide for the humane destruction of the

animal. In addition to any other penalty provided by law, the

authority imposing sentence upon a conviction for a violation of

section 5543 shall order the forfeiture or surrender of an

abused or neglected animal of the defendant to a society or

association for the prevention of cruelty to animals duly

incorporated under the laws of this Commonwealth and shall

require that the owner pay the cost of the keeping, care and

destruction of the animal.

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§ 5553. Search warrants.

Where a violation of this subchapter is alleged, an issuing

authority may, in compliance with the applicable provisions of

the Pennsylvania Rules of Criminal Procedure, issue to a police

officer or an agent of a society or association for the

prevention of cruelty to animals duly incorporated under the

laws of this Commonwealth a search warrant authorizing the

search of a building or an enclosure in which a violation of

this subchapter is occurring or has occurred and authorizing the

seizure of evidence of the violation, including, but not limited

to, the animals which were the subject of the violation. Where

an animal seized is found to be neglected or starving, the

police officer or agent is authorized to provide the care that

is reasonably necessary and, where any animal seized is found to

be disabled, injured or diseased beyond reasonable hope of

recovery, the police officer or agent is authorized to provide

for the humane destruction of the animal. The cost of the

keeping, care and destruction of the animal shall be paid by the

owner of the animal, and claims for the costs shall constitute a

lien upon the animal. In addition to any other penalty provided

by law, the authority imposing sentence upon a conviction for a

violation of this subchapter may require that the owner pay the

cost of the keeping, care and destruction of the animal. No

search warrant shall be issued based upon an alleged violation

of this subchapter which authorizes a police officer or agent or

other person to enter upon or search premises where scientific

research work is being conducted by or under the supervision of

graduates of duly accredited scientific schools or where

biological products are being produced for the care or

prevention of disease.

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§ 5554. Forfeiture.

(a) General rule.--Except as provided under subsection (b),

in addition to any other penalty provided by law, the authority

imposing sentence upon a conviction for a violation of this

subchapter may order the forfeiture or surrender of an abused or

neglected animal of the defendant to a society or association

for the prevention of cruelty to animals duly incorporated under

the laws of this Commonwealth.

(b) Forfeiture required for felony offense.--If the

conviction under this subchapter is for an offense graded as a

felony, the authority imposing sentence shall order forfeiture

or surrender of an abused or neglected animal of the defendant

to a society or association for the prevention of cruelty to

animals duly incorporated under the laws of this Commonwealth.

§ 5555. Prohibition of ownership.

Notwithstanding any provision of law and in addition to any

other penalty provided by law, the authority imposing sentence

upon a conviction for a violation of this subchapter may order

the prohibition or limitation of the defendant's ownership,

possession, control or custody of animals or employment with the

care of animals for a period of time not to exceed the statutory

maximum term of imprisonment applicable to the offense for which

sentence is being imposed. A humane society police officer, law

enforcement officer or State dog warden shall have authority to

ensure compliance with this section and may notify the local

district attorney who may petition the court to remove animals

kept in violation of this section.

§ 5556. Civil immunity for veterinari ans LICENSED DOCTORS OF

VETERINARY MEDICINE , TECHNICIANS AND ASSISTANTS .

(a) A veterinarian LICENSED DOCTOR OF VETERINARY MEDICINE,

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