Act of Nov. 23, 2010,P.L. 1360, No. 125 Cl. 03 - AGRICULTURE CODE (3 PA.C.S.) AND CRIMES CODE (18 PA.C.S.) - KEEPING AND HANDLING OF DOMESTIC ANIMALS, ECOTERRORISM AND CRIMINAL TRESPASS
Statute Update
Generated 2011-09-29 03:15:41 PM
AGRICULTURE CODE (3 PA.C.S.) AND CRIMES CODE (18 PA.C.S.) - KEEPING AND HANDLING OF DOMESTIC ANIMALS, ECOTERRORISM AND CRIMINAL TRESPASS
Act of Nov. 23, 2010,
P.L. 1360,
No. 125
Cl. 03
Session of 2010
No. 2010-125
SB 906
AN ACT
Amending Titles 3 (Agriculture) and 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for the definitions of "agricultural biosecurity area" and for "posted notice"; and further providing for keeping and handling of domestic animals, for ecoterrorism and for criminal trespass.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.
Section 2303 of Title 3 of the Pennsylvania Consolidated Statutes is amended by adding definitions to read:
§ 2303.
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 biosecurity area.
"
Any of the following areas which has been identified by posted notice as
an agricultural
biosecurity
area and for which the owner or other authorized person has established procedures to inhibit the transference of transmissible disease or hazardous substance:
(1)
Agricultural or other open lands as defined under
18 Pa.C.S. § 3503
(b.2)(3)(relating to criminal trespass).
(2)
A building or animal
or plant
containment area fenced or enclosed in a manner manifestly designed
and constructed
to exclude trespassers or to confine domestic animals
or plants
used in
research or
agricultural activity or farming as defined in
18 Pa.C.S. § 3309
(relating to agricultural vandalism).
* * *
"
Posted notice.
"
Notice posted in a manner which is reasonably likely to come to the attention of a person.
* * *
Section 2.
Section 2305 of Title 3 is amended to read:
§ 2305.
Keeping and handling of domestic animals.
The department shall have authority to regulate the keeping and handling of domestic animals to exclude or contain dangerous transmissible diseases and hazardous substances and to protect the environment
, including the authority to require the establishment of an agricultural biosecurity area
and that all such agricultural biosecurity areas so established be clearly and conspicuously posted. The department may develop a regulation to govern the form and content of posted notice to identify an agricultural biosecurity area
. Nothing in this section shall be construed to authorize the department to require vaccination of any animal to prevent or control rabies whenever that animal is exempt from vaccination under the act of December 15, 1986 (P.L.1610, No.181), known as the Rabies Prevention and Control in Domestic Animals and Wildlife Act.
Section 3.
The definition of "specified offense against property" in section 3311(d) of Title 18 is amended to read:
§ 3311.
Ecoterrorism.
* * *
(d)
Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
* * *
"Specified offense against property."
Any of the following offenses:
Section 3301(a), (c), (d), (d.1) and (f) (relating to arson and related offenses).
Section 3302 (relating to causing or risking catastrophe).
Section 3304 (relating to criminal mischief).
Section 3307 (relating to institutional vandalism).
Section 3309 (relating to agricultural vandalism).
Section 3310 (relating to agricultural crop destruction).
Section 3502 (relating to burglary) but only if the actor commits the crime for the purpose of committing one of the other offenses listed in this definition.
Section 3503 (relating to criminal trespass) but only if the actor commits the crime for the purpose of
releasing a dangerous transmissible disease or hazardous substance, as those terms are defined under
3 Pa.C.S. § 2303
(relating to definitions),
threatening or terrorizing the owner or occupant of the premises, starting or causing to be started any fire upon the premises or defacing or damaging the premises.
Section 3921 (relating to theft by unlawful taking or disposition).
Section 3922 (relating to theft by deception).
Section 4101 (relating to forgery).
Section 4120 (relating to identity theft).
Section 4.
Section 3503 of Title 18 is amended by adding a subsection to read:
§ 3503.
Criminal trespass.
* * *
(b.3)
Agricultural biosecurity area trespasser.--
(1)
A person commits an offense if the person does any of the following:
(i)
Enters an agricultural biosecurity area, knowing that the person is not licensed or privileged to do so.
(ii)
Knowingly or recklessly fails to perform reasonable measures for biosecurity that by posted notice are required to be performed for entry to the agricultural biosecurity area.
(2)
It is a defense to prosecution under paragraph (1)(ii) that:
(i)
no reasonable means or method was available to perform the measures that the posted notice required to be performed for entry to the agricultural biosecurity area;
(ii)
entry is made in response to a condition within the agricultural biosecurity area that the person reasonably believes to be a serious threat to human or animal health as necessitating immediate entry to the agricultural biosecurity area; or
(iii)
entry is made under exigent circumstances by a law enforcement officer to:
(A)
pursue and apprehend a suspect of criminal conduct reasonably believed by the officer to be present within the agricultural biosecurity area; or
(B)
prevent the destruction of evidence of criminal conduct reasonably believed by the officer to be located within the agricultural biosecurity area.
(3)
(i)
Except as set forth in subparagraph (iii), an offense under paragraph (1)(i) constitutes a misdemeanor of the third degree.
(ii)
Except as set forth in subparagraph (iii), an offense under paragraph (1)(ii) constitutes a summary offense.
(iii)
If an offense under paragraph (1) causes damage to or death of an animal or plant within an agricultural biosecurity area, the offense constitutes a misdemeanor of the first degree.
(4)
For purposes of this subsection, the terms "agricultural biosecurity area" and "posted notice" shall have the meanings given to them in 3 Pa.C.S. § 2303 (relating to definitions).
* * *
Section 5.
This act shall take effect immediately.
APPROVED--The 23rd day of November, A.D. 2010.
EDWARD G. RENDELL