SENATE AMENDED
PRIOR PRINTER'S NOS. 948, 1725
PRINTER'S NO. 3285
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
940
Session of
2021
INTRODUCED BY RIGBY, E. NELSON, KNOWLES, RYAN, KULIK, JAMES,
SMITH, GUENST, POLINCHOCK, SCHMITT, THOMAS, SANKEY, SILVIS,
FARRY, KAIL, KAUFFMAN, STRUZZI, SCHLEGEL CULVER, DAVANZO,
DRISCOLL, JOZWIAK, HERSHEY, CAUSER, GREGORY, ECKER,
OBERLANDER, MOUL, ZIMMERMAN, WHEELAND, MERCURI, MASSER,
SAINATO, GILLEN AND C. WILLIAMS, MARCH 17, 2021
SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED, JUNE 21, 2022
AN ACT
Amending Titles 18 (Crimes and Offenses), 35 (HEALTH AND
SAFETY), 42 (JUDICIARY AND JUDICIAL PROCEDURE) and 53
(Municipalities Generally) of the Pennsylvania Consolidated
Statutes, in burglary and other criminal intrusion, further
providing for definitions, for the offense of burglary and
for the offense of criminal trespass; in cruelty to animals,
further providing for police animals; IN EMERGENCY MEDICAL
SERVICES SYSTEM, PROVIDING FOR INJURED POLICE ANIMALS; IN
IMMUNITIES GENERALLY, FURTHER PROVIDING FOR EMERGENCY
RESPONSE PROVIDER AND BYSTANDER GOOD SAMARITAN CIVIL
IMMUNITY; and, in employees, providing for canine training
standards for police officers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3501 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 3501. Definitions.
Subject to additional definitions contained in subsequent
provisions of this chapter which are applicable to specific
provisions of this chapter, the following words or phrases when
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used in this chapter shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Domestic animal." As defined in section 5531 (relating to
definitions).
* * *
Section 2. Sections 3502 and 3503 of Title 18 are amended by
adding subsections to read:
§ 3502. Burglary.
* * *
(d.1) Sentencing enhancement.--The Pennsylvania Commission
on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to
adoption of guidelines for sentencing), shall provide for a
sentencing enhancement for courts to consider in cases involving
burglary where a domestic animal is harmed or killed in the
course of the burglary.
* * *
§ 3503. Criminal trespass.
* * *
(c.1) Sentencing enhancement.--The Pennsylvania Commission
on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to
adoption of guidelines for sentencing), shall provide for a
sentencing enhancement for courts to consider in cases involving
criminal trespass where a domestic animal is harmed or killed in
the course of the criminal trespass.
* * *
Section 3. Section 5548 of Title 18 is amended to read:
§ 5548. Police animals.
(a) Illegal to taunt police animals.--It shall be unlawful
for a person to intentionally or knowingly taunt, torment,
tease, beat, kick or strike a police animal. A person who
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violates the provisions of this subsection commits a felony of
the third degree.
(b) Illegal to torture or kill police animals.--It shall be
unlawful for a person to [intentionally]:
(1) Intentionally or knowingly torture, mutilate,
injure, disable, poison or kill a police animal. A person who
violates the provisions of this [subsection] paragraph
commits a felony of the second degree.
(2) Recklessly torture, mutilate, injure, disable,
poison or kill a police animal. A person who violates the
provisions of this paragraph commits a misdemeanor of the
first degree.
(b.1) Illegal to torture or kill police animals during
perpetration of felony.--It shall be unlawful for a person to
torture, mutilate, injure, disable, poison or kill a police
animal while engaged as a principal or an accomplice in the
perpetration of a felony. A person who violates the provisions
of this subsection commits a felony of the third degree.
(c) Restitution.--In a case in which a defendant is
convicted of a violation of subsection (a) [or (b)], (b) or
(b.1) 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.
SECTION 4. TITLE 35 IS AMENDED BY ADDING A SECTION TO READ:
§ 8158. INJURED POLICE ANIMALS.
(A) TRANSPORTATION.--AN EMERGENCY RESPONSE PROVIDER MAY
TRANSPORT A POLICE ANIMAL INJURED IN THE LINE OF DUTY TO A
VETERINARY CLINIC, HOSPITAL EMERGENCY DEPARTMENT OR SIMILAR
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FACILITY IF THERE IS NO INDIVIDUAL REQUIRING IMMEDIATE MEDICAL
ATTENTION OR TRANSPORT AT THAT TIME.
(B) EMERGENCY MEDICAL CARE.--AN EMERGENCY RESPONSE PROVIDER
MAY PROVIDE EMERGENCY MEDICAL CARE TO A POLICE ANIMAL INJURED IN
THE LINE OF DUTY WHILE AT THE SCENE OF THE EMERGENCY OR WHILE
THE POLICE ANIMAL IS BEING TRANSPORTED TO A VETERINARY CLINIC,
HOSPITAL EMERGENCY DEPARTMENT OR SIMILAR FACILITY.
(C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"POLICE ANIMAL." AS DEFINED IN 18 PA.C.S. § 5531 (RELATING
TO DEFINITIONS).
SECTION 5. SECTION 8332(D) OF TITLE 42 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
§ 8332. EMERGENCY RESPONSE PROVIDER AND BYSTANDER GOOD
SAMARITAN CIVIL IMMUNITY.
* * *
(B.1) INJURED POLICE ANIMALS.--A PERSON, INCLUDING AN
EMERGENCY RESPONSE PROVIDER, WHETHER TRAINED TO PRACTICE
MEDICINE, WHO, IN GOOD FAITH, RENDERS EMERGENCY CARE, TREATMENT,
FIRST AID OR RESCUE TO AN INJURED POLICE ANIMAL AT THE SCENE OF
AN EMERGENCY EVENT OR CRIME OR WHO MOVES AN INJURED POLICE
ANIMAL RECEIVING EMERGENCY CARE, TREATMENT, FIRST AID OR RESCUE
TO A HOSPITAL OR OTHER PLACE OF MEDICAL CARE SHALL NOT BE LIABLE
FOR ANY CIVIL DAMAGES AS A RESULT OF RENDERING AID, EXCEPT IN AN
ACT OR OMISSION INTENTIONALLY DESIGNED TO HARM OR ANY GROSSLY
NEGLIGENT ACTS OR OMISSIONS WHICH RESULT IN HARM TO THE POLICE
ANIMAL RECEIVING EMERGENCY CARE, TREATMENT, FIRST AID OR RESCUE
OR WHILE BEING MOVED TO A HOSPITAL OR OTHER PLACE OF MEDICAL
CARE.
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* * *
[(D) DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
"EMERGENCY RESPONSE PROVIDER" INCLUDES FEDERAL, STATE AND LOCAL
EMERGENCY PUBLIC SAFETY, LAW ENFORCEMENT, EMERGENCY RESPONSE,
EMERGENCY MEDICAL SERVICES PERSONNEL, RESPONSE TEAMS, AGENCIES
AND AUTHORITIES, EXCLUDING HOSPITAL EMERGENCY FACILITIES AND
RELATED PERSONNEL.]
(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"EMERGENCY RESPONSE PROVIDER." THE TERM INCLUDES FEDERAL,
STATE AND LOCAL EMERGENCY PUBLIC SAFETY, LAW ENFORCEMENT,
EMERGENCY RESPONSE, EMERGENCY MEDICAL SERVICES PERSONNEL,
RESPONSE TEAMS, AGENCIES AND AUTHORITIES. THE TERM DOES NOT
INCLUDE HOSPITAL EMERGENCY FACILITIES AND RELATED PERSONNEL.
"POLICE ANIMALS." AS DEFINED IN 18 PA.C.S. § 5531 (RELATING
TO DEFINITIONS).
Section 4 6. Title 53 is amended by adding a section to
read:
§ 2172. Canine training standards for police officers.
(a) Establishment.--The commission, in collaboration with
the Pennsylvania State Police and municipal police department
canine units or officers, shall establish police officer canine
training and certification standards, including all of the
following:
(1) Standards for initial certifications.
(2) Standards for maintenance certifications.
(3) Record keeping policies and procedures for police
department canine units or officers.
(b) Updates.--The commission shall review and update the
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standards under subsection (a) as the commission deems necessary
and at least every two years.
(c) Notice.--The commission shall transmit notice of the
standards established and updated under this section to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin.
Section 5 7. This act shall take effect in 60 days.
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