Regular Session 2019-2020 Senate Bill 0798 P.N. 1409

PRIOR PRINTER'S NOS. 1102, 1290

PRINTER'S NO. 1409

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

798

Session of

2019

INTRODUCED BY KILLION, ARGALL, BLAKE, BREWSTER, DINNIMAN,

SABATINA, SCHWANK, PITTMAN AND MASTRIANO, JULY 9, 2019

AS AMENDED ON SECOND CONSIDERATION, NOVEMBER 21, 2019

AN ACT

Amending the act of December 7, 1982 (P.L.784, No.225), entitled

"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, further providing

for definitions; and, in dangerous dogs, further providing

for court proceedings, certificate of registration and

disposition and for requirements; AND MAKING AN EDITORIAL

CHANGE.

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

have, unless the context clearly indicates otherwise, the

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meanings given to them in this section:

* * *

"Unprovoked." Action by a dog that includes biting,

attacking or forcibly coming into unwanted physical contact with

a person who or domestic animal that is acting peaceably and

lawfully.

* * *

Section 2. Section 502-A(a), (a.1) and (b) of the act are

amended and the section is amended by adding subsections to

read:

Section 502-A. Court proceedings, certificate of registration

and disposition.

[(a) Summary offense of harboring a dangerous dog.--Any

person who has been attacked by one or more dogs, or anyone on

behalf of the person, a person whose domestic animal, dog or cat

has been killed or injured without provocation, the State dog

warden or the local police officer may file a complaint before a

magisterial district judge, charging the owner or keeper of the

a dog with harboring a dangerous dog. The owner or keeper of the

dog shall be guilty of the summary offense of harboring a

dangerous dog if the magisterial district judge finds beyond a

reasonable doubt that the following elements of the offense have

been proven:

(1) The dog has done any of the following:

(i) Inflicted severe injury on a human being without

provocation on public or private property.

(ii) Killed or inflicted severe injury on a domestic

animal, dog or cat without provocation while off the

owner's property.

(iii) Attacked a human being without provocation.

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(iv) Been used in the commission of a crime.

(2) The dog has either or both of the following:

(i) A history of attacking human beings and/or

domestic animals, dogs or cats without provocation.

(ii) A propensity to attack human beings and/or

domestic animals, dogs or cats without provocation. A

propensity to attack may be proven by a single incident

of the conduct described in paragraph (1)(i), (ii), (iii)

or (iv).

(3) The defendant is the owner or keeper of the dog.

(a.1) Effect of conviction.--A finding by a magisterial

district judge that a person is guilty under subsection (a) of

harboring a dangerous dog shall constitute a determination that

the dog is a dangerous dog for purposes of this act.]

(a.2) Summary offense of harboring a dangerous dog.--

(1) Any person who has been attacked by one or more

dogs, including the person's legal guardian or personal

representative, a person whose domestic animal, dog or cat

has been killed or injured by an unprovoked attack, the State

dog warden or the local police officer may file a complaint

before a magisterial district judge, charging the owner or

keeper of the dog with harboring a dangerous dog.

(2) The owner or keeper of the dog shall be guilty of

the summary offense of harboring a dangerous dog if the

magisterial district judge finds beyond a reasonable doubt

that the dog has done any of the following:

(i) Inflicted severe injury on a human being

unprovoked on public or private property.

(ii) Killed or inflicted severe injury on a domestic

animal, dog or cat unprovoked while off the owner's

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property or has a propensity or history of attacks if the

dog kills or inflicts severe injury on a domestic animal

while on the owner's property unprovoked. A propensity to

kill or inflict severe injury may be proven by a single

incident.

(iii) Attacked a human being unprovoked and has a

history or propensity of attacking human beings or

domestic animals, dogs or cats unprovoked. A propensity

to attack may be proven by a single incident.

(3) For the purposes of this subsection, the term

"owner" or "keeper of the dog" shall not include a

veterinarian licensed by the Commonwealth or a veterinary

technician certified by the Commonwealth while acting in the

scope of the duties or employment of a veterinarian or

veterinary technician, respectively.

(a.3) Effect of conviction.--A finding by a magisterial

district judge that a person is guilty under subsection (a.2) of

harboring a dangerous dog shall constitute a determination that

the dog is a dangerous dog for purposes of this act.

(b) Report of conviction.--The magisterial district judge

shall make a report of a conviction under subsection [(a)] (a.2)

to the Bureau of Dog Law Enforcement, identifying the convicted

party, identifying and describing the dog or dogs and providing

other information as the bureau might reasonably require.

* * *

Section 3. Section SECTIONS 503-A(b) AND 507-A(F)(1) of the

act is ARE amended to read:

Section 503-A. Requirements.

* * *

(b) Registration fee.--The registration fee for a dangerous

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dog certificate shall be [$500] $1,000 per calendar year for the

life of the dog plus an additional amount set by the department

as may be necessary to cover the costs of issuing this

registration and enforcing this section. This registration fee

shall be in addition to any other fees collectable under this

act and shall be credited to the Dog Law Restricted Account for

the purpose of administering and enforcing this act.

* * *

SECTION 507-A. CONSTRUCTION OF ARTICLE.

* * *

(F) PROCEDURE IN CERTAIN CITIES.--IN CITIES OF THE FIRST

CLASS, SECOND CLASS AND SECOND CLASS A, THE FOLLOWING PROCEDURE

SHALL APPLY:

(1) A PERSON WHO HAS BEEN ATTACKED BY A DOG, OR ANYONE

ON BEHALF OF SUCH PERSON, OR A PERSON WHOSE DOMESTIC ANIMAL,

DOG OR CAT HAS BEEN KILLED OR INJURED WITHOUT PROVOCATION

WHILE THE ATTACKING DOG WAS OFF THE OWNER'S PROPERTY OR A

POLICE OFFICER OR AN ANIMAL CONTROL OFFICER EMPLOYED BY OR

UNDER CONTRACT WITH THE CITY MAY MAKE A COMPLAINT BEFORE A

MAGISTERIAL DISTRICT JUDGE, CHARGING THE OWNER OR KEEPER OF

SUCH A DOG WITH HARBORING A DANGEROUS DOG. THE MAGISTERIAL

DISTRICT JUDGE SHALL MAKE A REPORT OF THE DETERMINATION UNDER

SECTION [502-A(A)] 502-A(A.2) TO THE POLICE OR AN ANIMAL

CONTROL OFFICER EMPLOYED BY OR UNDER CONTRACT WITH THE CITY

AND TO THE BUREAU OF DOG LAW ENFORCEMENT. THE BUREAU OF DOG

LAW ENFORCEMENT SHALL GIVE NOTICE OF THIS DETERMINATION TO

THE RESPECTIVE CITY TREASURER.

* * *

Section 4. This act shall take effect in 60 days.

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