DETECTIVES AND PRIVATE POLICE (22 PA.C.S.) - HUMANE SOCIETY POLICE
       OFFICERS, POWERS AND DUTIES OF DEPARTMENT OF AGRICULTURE AND
      ESTABLISHMENT OF HUMANE SOCIETY POLICE OFFICER ADVISORY BOARD
                 Act of Nov. 30, 2004, P.L. 1603, No. 205             Cl. 22
                             Session of 2004
                               No. 2004-205

     SB 871

                                  AN ACT

     Amending Title 22 (Detectives and Private Police) of the
        Pennsylvania Consolidated Statutes, further providing for
        appointment by nonprofit corporations; providing for humane
        society police officers' appointment, qualifications,
        authority and discipline; conferring powers and duties on the
        Department of Agriculture; establishing the Humane Society
        Police Officer Advisory Board; and making a related repeal.

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

        Section 1.  Section 501(a) and (c) of Title 22 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 501.  Appointment by nonprofit corporations.
        (a)  Appointment authorized.--Any nonprofit corporation, as
     defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit
     corporations) maintaining a cemetery or any buildings or grounds
     open to the public, or organized for the prevention of cruelty
     to children or aged persons [or animals], or one or more of such
     purposes, may apply to the court of common pleas of the county
     of the registered office of the corporation for the appointment
     of such persons as the corporation may designate to act as
     policemen for the corporation. The court, upon such application,
     may by order appoint such persons, or as many of them as it may
     deem proper and necessary, to be such policemen.
        * * *
        (c)  Powers.--Such policemen, so appointed, shall severally
     possess and exercise all the powers of a police officer in this
     Commonwealth, in and upon, and in the immediate and adjacent
     vicinity of, the property of the corporation. Policemen so
     appointed for a corporation organized for the prevention of
     cruelty to children or aged persons [or animals], or one or more
     of such purposes, shall severally possess and exercise all the
     powers of a police officer in any county in which they may be
     directed by the corporation to act, and are hereby authorized to
     arrest persons for the commission of any offense of cruelty to
     children or aged persons [or animals]. The keepers of jails and
     other places of detention in any county of this Commonwealth
     shall receive all persons arrested by such policemen for
     purposes of detention until they are dealt with according to
     law. Every policeman appointed under this section, when on duty,
     shall wear a metallic shield with the words "special officer"
     and the name of the corporation for which appointed inscribed
     thereon.
        * * *
        Section 2.  Title 22 is amended by adding a chapter to read:
                                CHAPTER 37
                      HUMANE SOCIETY POLICE OFFICERS
     Sec.
     3701.  Scope of chapter.
     3702.  Definitions.
     3703.  Appointment required.
     3704.  Appointment by nonprofit corporations.
     3705.  Qualifications for appointment.
     3706.  Suspension, revocation, limitation and restriction
                of appointment; restoration of appointment.
     3707.  Termination of appointment.
     3708.  Powers and authority; jurisdiction.
     3709.  Penalties.
     3710.  Search warrants.
     3711.  Limitation on possession of firearms.
     3712.  Training program.
     3713.  Continuing education program.
     3714.  Statewide registry.
     3715.  Humane Society Police Officer Advisory Board.
     3716.  Costs.
     3717.  Disposition of moneys.
     3718.  Applicability to currently appointed individuals.
      § 3701.  Scope of chapter.
        This chapter deals with humane society police officers.
      § 3702.  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:
        "Agricultural animal."  Any bovine animal, equine animal,
     sheep, goat, pig, poultry, bird, fowl, wild or semiwild animal
     or fish or other aquatic animal that is being raised, kept,
     transported or utilized for the purpose of or pursuant to
     agricultural production.
        "Agricultural production."  The production and preparation
     for market of agricultural animals and their products and of
     agricultural, agronomic, horticultural, silvicultural and
     aquacultural crops and commodities.
        "Board."  The Humane Society Police Officer Advisory Board.
        "Complainant."  Any person who has evidence that an
     individual appointed as a humane society police officer has
     performed in a manner that is contrary to the standards,
     requirements and qualifications prescribed in this chapter for
     appointment of individuals as humane society police officers.
     The term also includes a district attorney or a municipal
     solicitor.
        "Convicted."  A finding or verdict of guilt, an admission of
     guilt or a plea of nolo contendere or receiving probation
     without verdict, disposition in lieu of trial or an Accelerated
     Rehabilitative Disposition in the disposition of felony charges.
        "Cruelty to animals laws."  The provisions of 18 Pa.C.S. §
     5511 (relating to cruelty to animals).
        "Department."  The Department of Agriculture of the
     Commonwealth.
        "Humane society police officer."  Any person who holds a
     current appointment under this chapter to act as a humane
     society police officer for a society or association for the
     prevention of cruelty to animals. The term shall include an
     individual who is an agent of a society or association for the
     prevention of cruelty to animals as "agent" is used in 18
     Pa.C.S. § 5511 (relating to cruelty to animals), provided that
     individual holds a current appointment under this chapter.
        "Secretary."  The Secretary of Agriculture of the
     Commonwealth.
        "Serious misdemeanor."  A criminal offense for which more
     than one year in prison can be imposed as a punishment.
        "Society or association."  A nonprofit society or association
     duly incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A
     (relating to incorporation generally) for the purpose of the
     prevention of cruelty to animals.
      § 3703.  Appointment required.
        It shall be unlawful for any individual to hold himself forth
     as a humane society police officer unless the individual has
     obtained an appointment pursuant to this chapter.
      § 3704.  Appointment by nonprofit corporations.
        (a)  Application for appointment.--A society or association
     may apply to the court of common pleas in any county for the
     appointment of an individual as a humane society police officer
     for that county. The court, upon such application which includes
     proof of qualification under section 3705 (relating to
     qualifications for appointment), shall by order appoint such
     person to be a humane society police officer.
        (b)  Oath.--Every individual appointed as a humane society
     police officer pursuant to this chapter shall, before entering
     upon the duties of the office, take and subscribe to the oath
     required by Article VI of the Constitution of Pennsylvania.
      § 3705.  Qualifications for appointment.
        An individual shall be qualified for an appointment as a
     humane society police officer provided the society or
     association submits proof satisfactory to the court of common
     pleas in each county for which the society or association
     directs the individual to act as a humane society police officer
     that the individual meets all of the following requirements:
            (1)  Has been a resident of this Commonwealth for the
        previous 12 months.
            (2)  Has successfully completed the training program
        established pursuant to section 3712 (relating to training
        program).
            (3)  Has obtained a criminal history report from the
        Pennsylvania State Police pursuant to 18 Pa.C.S. Ch. 91
        (relating to criminal history record information) or a
        statement from the Pennsylvania State Police that the
        Pennsylvania State Police central repository contains no
        pertinent information relating to the individual who is the
        subject of the application. The criminal history record
        information shall be limited to that which may be
        disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
        general regulations).
            (4)  Has not been convicted of an offense graded a felony
        or a serious misdemeanor.
            (5)  Has not been convicted of any violation, including a
        summary offense, of 18 Pa.C.S. § 5511 (relating to cruelty to
        animals).
            (6)  Has not been convicted of an offense in another
        jurisdiction, state, territory or country in accordance with
        the laws of that jurisdiction, state, territory or country
        equivalent to an offense graded a felony or a serious
        misdemeanor or an offense of cruelty to animals.
      § 3706.  Suspension, revocation, limitation and restriction of
                appointment; restoration of appointment.
        (a)  Grounds for suspension, revocation, limitation or
     restriction.--By its own action or pursuant to a written
     affidavit filed by a complainant, the court of common pleas may,
     after conducting a hearing, suspend, revoke, limit or restrict
     an appointment of an individual to act as a humane society
     police officer in the county if the court determines any of the
     following:
            (1)  Being convicted of a felony or a serious misdemeanor
        in any Federal or State court or being convicted of the
        equivalent of a felony in any foreign country, territory or
        possession.
            (2)  Being convicted of an offense of cruelty to animals
        in any Federal or State court or being convicted of the
        equivalent of a cruelty to animals offense in any foreign
        country, territory or possession.
            (3)  Presenting false credentials or documents or making
        a false or misleading statement in the application for
        appointment or a certification of completion of additional
        training or submitting an application for appointment or a
        certification for completion of additional training
        containing a false or misleading statement.
            (4)  Carrying or possessing a firearm in the performance
        of his or her duties without certification pursuant to
        section 3711 (relating to limitation on possession of
        firearms).
            (5)  The individual has conducted his or her authority to
        enforce animal cruelty laws in a manner that is substandard
        of conduct normally expected of humane society police
        officers.
        (b)  Notice to department.--Upon action by the court of
     common pleas to suspend, revoke, limit or restrict an
     appointment, the clerk of courts of the county shall forward
     such information to the department for the purpose of the
     Statewide registry established pursuant to section 3714
     (relating to Statewide registry).
        (c)  Restoration.--The court of common pleas may restore a
     suspended appointment of an individual if the individual
     provides to the court evidence sufficient to warrant restoration
     and the court determines the grounds for suspension have been
     satisfactorily corrected and the individual otherwise qualifies
     for appointment.
      § 3707.  Termination of appointment.
        (a)  General rule.--All powers and authority granted to an
     individual under section 3708 (relating to powers and authority;
     jurisdiction) shall immediately terminate upon notice to the
     individual from the society or association for which appointed
     that services are no longer required of the individual.
        (b)  Notice to court.--The society or association must file
     notice within ten days of a termination of an individual as a
     humane society police officer with the clerk of courts in each
     county in which the individual has been appointed as a humane
     society police officer.
        (c)  Notice to department.--The society or association must
     file notice within ten days of a termination of an individual as
     a humane society police officer with the department for the
     purpose of providing information relevant to the Statewide
     registry established pursuant to section 3714 (relating to
     Statewide registry).
      § 3708.  Powers and authority; jurisdiction.
        (a)  Authority limited to county of appointment.--An
     individual appointed as a humane society police officer in
     accordance with this chapter shall have power and authority to
     exercise the powers conferred under 18 Pa.C.S. § 5511 (relating
     to cruelty to animals) in enforcement of animal cruelty laws
     only within the particular county whose court of common pleas
     issued the appointment. The individual has no power or authority
     to exercise the powers conferred under 18 Pa.C.S. § 5511 in any
     other county whose court of common pleas has not issued an
     appointment.
        (b)  Notice to district attorney.--Prior to exercising the
     power and authority set forth by this chapter within a county,
     each appointed humane society police officer shall file notice,
     along with a copy of the appointment granted under this chapter,
     with the district attorney of the county.
        (c)  Shield.--Every individual appointed as a humane society
     police officer under this chapter shall possess a metallic
     shield with the words "humane society police officer" and the
     name of the society or association for which the individual is
     appointed displayed thereon.
        (d)  Photo identification.--Every individual appointed as a
     humane society police officer under this chapter shall have a
     photo identification card issued by the department that contains
     the following:
            (1)  A photo of the individual taken within the previous
        24 months.
            (2)  The name of the individual.
            (3)  The signature of the individual.
            (4)  The name of the society or association for which the
        individual is appointed as a humane society police officer.
            (5)  The address and telephone number of the society or
        association for which the individual is appointed as a humane
        society police officer.
            (6)  The date of issuance of the photo identification
        card.
      § 3709.  Penalties.
        (a)  Criminal penalties.--A person who violates this chapter
     commits a misdemeanor of the third degree and shall, upon
     conviction, be sentenced to pay a fine of up to $1,000 or to
     imprisonment for not more than 90 days, or both.
        (b)  Civil penalties.--In addition to any criminal penalties
     or other civil remedy, a person, association or society who
     violates this chapter may be subject to a civil penalty of up to
     $1,000.
      § 3710.  Search warrants.
        Notwithstanding contrary provisions of 18 Pa.C.S. § 5511(1)
     (relating to cruelty to animals) and in addition to the
     requirements of existing law, all search warrant applications
     filed in connection with alleged violations of cruelty to
     animals laws must have the approval of the district attorney in
     the county of the alleged offense prior to filing.
      § 3711.  Limitation on possession of firearms.
        No individual appointed as a humane society police officer
     shall carry, possess or use a firearm in the performance of that
     individual's duties unless that individual holds a current and
     valid certification in the use and handling of firearms pursuant
     to at least one of the following:
            (1)  53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
        police education and training).
            (2)  The act of October 10, 1974 (P.L.705, No.235), known
        as the Lethal Weapons Training Act.
            (3)  The act of February 9, 1984 (P.L.3, No.2), known as
        the Deputy Sheriffs' Education and Training Act.
            (4)  Any other firearms program that has been determined
        by the Commissioner of the Pennsylvania State Police to be of
        sufficient scope and duration as to provide the participant
        with basic training in the use and handling of firearms.
      § 3712.  Training program.
        (a)  Required training.--Every individual, prior to the
     society or association making application for appointment as a
     humane society police officer, shall successfully complete the
     minimum requirements for initial training prescribed in the
     program for initial training of humane society police officers
     established in accordance with subsections (b), (c), (d) and
     (e).
        (b)  Contracts.--The secretary, with the advice of the board,
     shall contract with an accredited college or university,
     including a community college or other public or private entity,
     for the establishment of a program for the training of
     individuals to act as humane society police officers. The
     contracted entity shall forward information pertaining to an
     individual's successful completion of the initial training
     program to the department for the purpose of maintaining the
     Statewide registry established pursuant to section 3714
     (relating to Statewide registry).
        (c)  Minimum requirements.--The program for the training of
     humane society police officers shall include at a minimum 60
     hours of instruction in accordance with subsection (d).
        (d)  Curriculum.--The program for the training of humane
     society police officers shall provide instruction in the
     following instructional areas:
            (1)  At least 36 hours of instruction shall be provided
        on the following:
                (i)  Pennsylvania cruelty to animal laws.
                (ii)  Pennsylvania Rules of Criminal Procedure.
                (iii)  Care and treatment of animals.
                (iv)  Proper execution of search warrants.
                (v)  Proper search and seizure practices.
                (vi)  Any other areas relating to law enforcement
            duties.
            (2)  At least 24 hours of instruction shall be provided
        on the following:
                (i)  Animal husbandry practices constituting normal
            agricultural operation.
                (ii)  Practices accepted in the agricultural industry
            in the raising, keeping and production of agricultural
            animals.
                (iii)  Characteristics of agricultural animals likely
            evidencing care that is in violation of the cruelty to
            animal laws.
                (iv)  Proper care and handling of agricultural
            animals pursuant to enforcement of the cruelty to animals
            laws.
                (v)  Treatments administered and research conducted
            during the normal scope of veterinarian practices.
        (e)  Final examination.--The training program shall require
     individuals, as a prerequisite to successful completion of the
     program, to take and pass a final examination that sufficiently
     measures the individuals's knowledge and understanding of the
     instructional material.
        (f)  Current officers.--Individuals who have been appointed
     as humane society police officers prior to the effective date of
     this chapter are exempt from the initial training requirements
     pursuant to this section provided that the individual can
     provide proof to the secretary of successful completion of a
     similar training program for humane society police officers
     established under the act of December 12, 1994 (P.L.956,
     No.135), known as the Humane Society Police Officer Enforcement
     Act.
      § 3713.  Continuing education program.
        (a)  Required training.--During each two-year period
     following the date in which an individual has been initially
     appointed as a humane society police officer, the individual
     shall successfully complete the minimum requirements for
     additional training prescribed in the program for continuous
     education of humane society police officers established in
     accordance with subsections (b), (c), (d) and (e).
        (b)  Contracts.--The secretary, with the advice of the board,
     shall contract with an accredited college or university,
     including a community college or other public or private entity,
     for the establishment of a continuing education program for the
     training of individuals to act as humane society police
     officers. The contracted entity shall forward information
     pertaining to an individual's successful completion of the
     continuing education program to the department for the purpose
     of maintaining the Statewide registry established pursuant to
     section 3714 (relating to Statewide registry.)
        (c)  Minimum requirements.--The continuing education program
     for the training of humane society police officers shall include
     at a minimum ten hours of instruction in accordance with
     subsection (d).
        (d)  Curriculum.--The program for the training of humane
     society police officers shall provide instruction in the
     following instructional areas:
            (1)  At least six hours of instruction shall be provided
        on the following:
                (i)  Pennsylvania cruelty to animals laws.
                (ii)  Pennsylvania Rules of Criminal Procedure.
                (iii)  Care and treatment of animals.
                (iv)  Proper completion of search warrants.
                (v)  Proper search and seizure practices.
                (vi)  Any other areas relating to law enforcement
            duties.
            (2)  At least four hours of instruction shall be provided
        on the following:
                (i)  Animal husbandry practices constituting normal
            agricultural operation.
                (ii)  Practices accepted in the agricultural industry
            in the raising, keeping and production of agricultural
            animals.
                (iii)  Characteristics of agricultural animals likely
            evidencing care that is in violation of the cruelty to
            animals laws.
                (iv)  Proper care and handling of agricultural
            animals pursuant to enforcement of the cruelty to animals
            laws.
                (v)  Treatments administered and research conducted
            during the normal scope of veterinarian practices.
        (e)  Automatic suspension.--Failure to complete the
     continuing education program as prescribed in subsection (a)
     shall result in an individual's automatic suspension of the
     powers and authority set forth in section 3708 (relating to
     powers and authority; jurisdiction) until such time as the
     individual successfully completes the continuing education
     requirements.
      § 3714.  Statewide registry.
        (a)  Establishment.--There is hereby established a Statewide
     registry within the department for the purpose of maintaining
     information relating to individuals appointed as humane society
     police officers.
        (b)  Access to registry.--The information included within the
     Statewide registry shall be made accessible to the public
     through the department's World Wide Web site and shall include
     the following:
            (1)  The name of each individual appointed as a humane
        society police officer.
            (2)  The name and address of the society or association
        for which each individual is appointed as a humane society
        police officer.
            (3)  The counties in which the individual has been
        appointed as a humane society police officer and dates of
        appointment.
            (4)  The counties in which the individual has had an
        appointment revoked, suspended, limited or restricted, the
        action taken by the court and dates of action.
            (5)  The dates of successful completion of the training
        program established in section 3712 (relating to training
        program) and the continuing education program established in
        section 3713 (relating to continuing education program).
        (c)  Updates.--The department shall update the registry
     within ten days of receiving information required for inclusion
     on the Statewide registry.
        (d)  Confidential information.--At no time shall the home
     address or any other related personal information of an
     individual appointed as a humane society police office be made
     public through the Statewide registry.
      § 3715.  Humane Society Police Officer Advisory Board.
        (a)  Advisory board.--The secretary shall appoint a Humane
     Society Police Officer Advisory Board to advise him in the
     administration of this chapter.
        (b)  Membership.--The board shall consist of the following:
            (1)  The secretary or his designee, who shall act as a
        chairman.
            (2)  A representative of a society or association for the
        prevention of cruelty to animals.
            (3)  A humane society police officer.
            (4)  A representative of a Statewide veterinary medical
        association.
            (5)  A representative of a farm organization.
            (6)  A district attorney or his designee.
            (7)  A representative of the police.
            (8)  A district justice.
            (9)  A court of common pleas judge or his designee.
            (10)  A clerk of courts.
            (11)  A representative of the Pennsylvania Game
        Commission.
        (c)  Terms.--The length of the initial term of each
     appointment to the board shall be set by the secretary and shall
     be staggered so that the terms of approximately one-third of the
     appointments expire every other year.
        (d)  Absences.--Three consecutive unexcused absences from
     regular board meetings or failure to attend at least 50% of the
     regularly scheduled board meetings in any calendar year shall be
     considered cause for termination of appointment unless the
     secretary, upon written request of the member, finds that the
     member should be excused from attending a meeting because of
     illness or death of a family member or for a similar emergency.
        (e)  Vacancies.--Vacancies in the membership of the board
     shall be filled for the balance of an unexpired term in the same
     manner as the original appointment.
        (f)  Recommendations.--The board may make nonbinding
     recommendations to the secretary on all matters related to the
     provisions of this chapter.
      § 3716.  Costs.
        In addition to any fines, fees or other penalties levied or
     imposed under this chapter or any other statute, a cost of $50
     shall be imposed upon conviction for any violation of 18 Pa.C.S.
     § 5511 (relating to cruelty to animals) other than a summary
     offense. Costs collected under this section shall be disposed of
     in accordance with section 3717 (relating to disposition of
     moneys).
      § 3717.  Disposition of moneys.
        Notwithstanding the provisions of 42 Pa.C.S. §§ 3571
     (relating to Commonwealth portion of fines, etc.) and 3573
     (relating to municipal corporation portion of fines, etc.), all
     costs imposed and collected under sections 3709 (relating to
     penalties) and 3716 (relating to costs) by a division of the
     unified judicial system existing under section 1 of Article V of
     the Constitution of Pennsylvania and 42 Pa.C.S. § 301 (relating
     to unified judicial system) shall be remitted to the
     Commonwealth for use by the department for administering this
     chapter.
      § 3718.  Applicability to currently appointed individuals.
        Any individual appointed prior to the effective date of this
     chapter as a humane society police officer in the county of the
     registered office of the society or association for which the
     individual was previously appointed shall not be required to
     apply for appointment by the court of common pleas in that
     county under this chapter. Such individual shall be required to
     apply for appointment pursuant to section 3704 (relating to
     appointment by nonprofit corporations) in each county other than
     the initial county of appointment if directed by the society or
     association.
        Section 3.  The act of December 12, 1994 (P.L.956, No.135),
     known as the Humane Society Police Officer Enforcement Act, is
     repealed.
        Section 4.  This act shall take effect in 180 days.

     APPROVED--The 30th day of November, A. D. 2004.

     EDWARD G. RENDELL