CRIMES CODE (18 PA.C.S.) - AMEND ASSAULTS ON ANIMALS WITH BIOLOGICAL
                                  AGENTS
                  Act of Jun. 25, 2001, P.L. 619, No. 54              Cl. 18
                             Session of 2001
                               No. 2001-54

     SB 816

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, providing for assaults with biological agents on
        animals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 18 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 5511.3.  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 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.
        (c)  Exceptions.--The provisions of this section shall not
     apply to research or veterinarian services, including
     immunizations, vaccinations or other treatments administered
     during the normal scope of practice.
        Section 2.  Title 42 is amended by adding a section to read:
      § 8314.  Assault with biological agent on animal, fowl or honey
                bees.
        (a)  Civil action and relief available.--An animal owner
     aggrieved by exposure of an animal, fowl or honey bees to any
     virus, bacteria, prion or other agent which causes infectious
     disease, including foot-and-mouth disease, bovine spongiform
     encephalopathy (BSE), commonly known as mad cow disease, avian
     influenza or varroamite, may, in a civil action in any court of
     competent jurisdiction, obtain appropriate relief, including
     compensatory and punitive damages, reasonable investigation
     expenses and reasonable attorney fees and other costs associated
     with the litigation of the action. Upon a showing of cause for
     the issuance of injunctive relief, a court may issue temporary
     restraining orders, preliminary injunctions and permanent
     injunctions as may be appropriate under this act. During any
     period that an action under this section is pending, a court may
     order the cessation of the complained-of activity.
        (b)  Exceptions.--The provisions of this section shall not
     apply to research or veterinarian services, including
     immunizations, vaccinations or other treatments administered
     during the normal scope of practice.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 25th day of June, A. D. 2001.

     THOMAS J. RIDGE