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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | February 8, 2013 11:46 AM |
|---|---|
| From: | Representative Thomas R. Caltagirone |
| To: | All House members |
| Subject: | Animal Hoarding |
| In the near future, I plan to introduce legislation that will amend Title 18 (Crimes and Offenses) and Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes to provide for the offense of animal hoarding and appropriate sentencing procedures. While there are provisions providing for the offense and sentencing of the offense of animal cruelty, there are currently no laws in the Commonwealth that addresses the issue of possessing animals in conditions that are unsafe for the owner, other individuals or the animals themselves. This legislation would prohibit persons in this Commonwealth from maintaining animals in such a way that it presents unsanitary, unhealthful, malodorous or other dangerous circumstances upon the animals, persons, or real or personal property. Additionally, because such acts are often committed in the presence of a mental illness, I believe it is important to refrain from incarcerating such defendants. This legislation provides that a person found guilty of the offense of animal hoarding shall be subject to an evaluation by a mental health professional. If the court finds sufficient evidence that the defendant has suffered from a mental health disability, it shall order the defendant to undergo treatment and submit a report concerning such treatment. Upon review, if the court deems treatment successful, it shall order forfeiture and prohibition of later possession of all animals as well as the expungement of the complaint and the arrest of the defendant. This legislation addresses an issue that has been overlooked in the past. |
Introduced as HB860