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PRINTER'S NO. 161
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
213
Session of
2019
INTRODUCED BY FARNESE, SABATINA, K. WARD, STEFANO, SANTARSIERO,
BREWSTER, ALLOWAY, FONTANA, SCAVELLO, KILLION, COSTA,
DINNIMAN, BOSCOLA, BROWNE, ARGALL AND TARTAGLIONE,
FEBRUARY 4, 2019
REFERRED TO LAW AND JUSTICE, FEBRUARY 4, 2019
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in Pennsylvania State Police,
providing for animal abuse registry; and imposing duties on
the Pennsylvania State Police.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part II of Title 44 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 25
ANIMAL ABUSE REGISTRY
Sec.
2501. Definitions.
2502. Animal abuse information.
2503. Establishment of registry.
2504. Contents of registry.
2505. Maintenance of information in registry.
2506. Posting of information in registry.
2507. Expungement.
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2508. Rules and regulations.
§ 2501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Animal abuse." Any of the following:
(1) A violation of 18 Pa.C.S. § 5534 (relating to
aggravated cruelty to animal).
(2) A violation of another law of this Commonwealth
regarding the protection or violation of animals, if the
violation constitutes a felony.
(3) A violation similar to a violation under paragraph
(1) or (2) that is committed under the laws of the United
States or one of its territories or possessions, another
state, the District of Columbia, the Commonwealth of Puerto
Rico or a foreign country. This paragraph shall only apply if
the person committing the violation is domiciled in this
Commonwealth.
"Registry." The animal abuse registry established under
section 2503 (relating to establishment of registry).
"State police." The Pennsylvania State Police.
§ 2502. Animal abuse information.
(a) Duty of clerk of court.--The clerk of court of each
judicial district in this Commonwealth shall forward a certified
copy of the judgment of an individual who has been convicted of,
pleaded guilty to or entered a plea of nolo contendere to animal
abuse, along with the date of birth of the individual, to the
State police within 60 calendar days after the date of judgment.
(b) Duty of State police.--The State police shall receive
the information under subsection (a) and information from
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another jurisdiction regarding an individual who has been
convicted of, pleaded guilty to or entered a plea of nolo
contendere to animal abuse.
§ 2503. Establishment of registry.
The State police shall establish and maintain a registry of
individuals who have been convicted of, pleaded guilty to or
entered a plea of nolo contendere to animal abuse.
§ 2504. Contents of registry.
Upon receiving the information under section 2502(b)
(relating to animal abuse information), the State police shall
enter the individual's information into the registry. Each entry
into the registry:
(1) Shall include the following:
(i) The individual's full legal name.
(ii) The date of the animal abuse committed by the
individual.
(iii) A description of the animal abuse.
(iv) The photograph of the individual that was taken
at the booking center after the individual was charged
with animal abuse.
(v) Other information regarding the individual as
the State police determines is necessary to properly
identify the individual as a perpetrator of animal abuse
and exclude innocent individuals from false
identification.
(2) Shall not include the individual's Social Security
number, driver's license number or any other Federal or State
identification number.
§ 2505. Maintenance of information in registry.
(a) First offense.--The State police shall maintain the
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information under section 2504 (relating to contents of
registry) in the registry for two years from the date that the
individual was convicted of, pleaded guilty to or entered a plea
of nolo contendere to animal abuse.
(b) Subsequent offenses.--If, during any time period that
information regarding an individual is contained in the
registry, the individual is convicted of, pleads guilty to or
enters a plea of nolo contendere to a subsequent charge of
animal abuse, the State police shall maintain the information
under section 2504 for five years from the date of the
individual's most recent conviction, guilty plea or entry of a
plea of nolo contendere to animal abuse.
(c) Removal of information.--If, during the time period
under subsection (a) or (b), the individual is not convicted of,
does not plead guilty to and does not enter a plea of nolo
contendere to a subsequent charge of animal abuse, the State
police shall remove the information regarding the individual
from the registry upon the expiration of that period.
§ 2506. Posting of information in registry.
The State police shall post on its publicly accessible
Internet website the contents of the registry under section 2504
(relating to contents of registry).
§ 2507. Expungement.
Upon the review of a petition of an individual who was
convicted of, pleaded guilty to or entered a plea of nolo
contendere to animal abuse and upon good cause shown, a court of
competent jurisdiction may order the expungement of the
individual's criminal history information regarding animal
abuse. If expungement is ordered, the State police shall
immediately remove all the information subject to the
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expungement from the registry and the publicly accessible
Internet website.
§ 2508. Rules and regulations.
The State police shall promulgate rules and regulations
necessary to implement the provisions of this chapter.
Section 2. The addition of 44 Pa.C.S. Ch. 25 shall apply to
individuals who have been convicted of, pleaded guilty to or
entered a plea of nolo contendere to animal abuse on or after
the effective date of this act.
Section 3. This act shall take effect January 1, 2020.
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