A03164
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
798
Session of
2019
INTRODUCED BY KILLION, ARGALL, BLAKE, BREWSTER, DINNIMAN,
SABATINA AND SCHWANK, JULY 9, 2019
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JULY 9, 2019
AN ACT
Amending the act of December 7, 1982 (P.L.784, No.225), entitled
"An act relating to dogs, regulating the keeping of dogs;
providing for the licensing of dogs and kennels; providing
for the protection of dogs and the detention and destruction
of dogs in certain cases; regulating the sale and
transportation of dogs; declaring dogs to be personal
property and the subject of theft; providing for the
abandonment of animals; providing for the assessment of
damages done to animals; providing for payment of damages by
the Commonwealth in certain cases and the liability of the
owner or keeper of dogs for such damages; imposing powers and
duties on certain State and local officers and employees;
providing penalties; and creating a Dog Law Restricted
Account," in short title and definitions, further providing
for definitions; and, in dangerous dogs, further providing
for court proceedings, certificate of registration and
disposition and for requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law, is amended by adding a
definition to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
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meanings given to them in this section:
* * *
"Unprovoked." Action by a dog that includes biting,
attacking or forcibly coming into unwanted physical contact with
a person who or domestic animal that is acting peaceably and
lawfully.
* * *
Section 2. Section 502-A(a), (a.1) and (b) of the act are
amended and the section is amended by adding subsections to
read:
Section 502-A. Court proceedings, certificate of registration
and disposition.
[(a) Summary offense of harboring a dangerous dog.--Any
person who has been attacked by one or more dogs, or anyone on
behalf of the person, a person whose domestic animal, dog or cat
has been killed or injured without provocation, the State dog
warden or the local police officer may file a complaint before a
magisterial district judge, charging the owner or keeper of the
a dog with harboring a dangerous dog. The owner or keeper of the
dog shall be guilty of the summary offense of harboring a
dangerous dog if the magisterial district judge finds beyond a
reasonable doubt that the following elements of the offense have
been proven:
(1) The dog has done any of the following:
(i) Inflicted severe injury on a human being without
provocation on public or private property.
(ii) Killed or inflicted severe injury on a domestic
animal, dog or cat without provocation while off the
owner's property.
(iii) Attacked a human being without provocation.
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(iv) Been used in the commission of a crime.
(2) The dog has either or both of the following:
(i) A history of attacking human beings and/or
domestic animals, dogs or cats without provocation.
(ii) A propensity to attack human beings and/or
domestic animals, dogs or cats without provocation. A
propensity to attack may be proven by a single incident
of the conduct described in paragraph (1)(i), (ii), (iii)
or (iv).
(3) The defendant is the owner or keeper of the dog.
(a.1) Effect of conviction.--A finding by a magisterial
district judge that a person is guilty under subsection (a) of
harboring a dangerous dog shall constitute a determination that
the dog is a dangerous dog for purposes of this act.]
(a.2) Summary offense of harboring a dangerous dog.--Any
(a.2) Summary offense of harboring a dangerous dog.--
(1) Any person who has been attacked by one or more
dogs, including the person's legal guardian or personal
representative, a person whose domestic animal, dog or cat
has been killed or injured by an unprovoked attack, the State
dog warden or the local police officer may file a complaint
before a magisterial district judge, charging the owner or
keeper of the a dog with harboring a dangerous dog. The owner
or keeper of the dog shall be guilty a dangerous dog.
(2) The owner or keeper of the dog shall be guilty of
the summary offense of harboring a dangerous dog if the
magisterial district judge finds beyond a reasonable doubt
that the dog has done any of the following:
(1) Inflicted severe injury on a human being unprovoked
(i) Inflicted severe injury on a human being
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unprovoked on public or private property.
(2) Killed or inflicted severe injury on a domestic
(ii) Killed or inflicted severe injury on a domestic
animal, dog or cat unprovoked while off the owner's
property or has a propensity or history of attacks if the
dog kills or inflicts severe injury on a domestic animal
while on the owner's property unprovoked. A propensity to
kill or inflict severe injury may be proven by a single
incident.
(3) Attacked a human being unprovoked and has a history
(iii) Attacked a human being unprovoked and has a
history or propensity of attacking human beings or
domestic animals, dogs or cats unprovoked. A propensity
to attack may be proven by a single incident.
(3) For the purposes of this subsection, the term
"owner" or "keeper of the dog" shall not include a
veterinarian licensed by the Commonwealth or a veterinary
technician certified by the Commonwealth while acting in the
scope of the duties or employment of a veterinarian or
veterinary technician, respectively.
(a.3) Effect of conviction.--A finding by a magisterial
district judge that a person is guilty under subsection (a.2) of
harboring a dangerous dog shall constitute a determination that
the dog is a dangerous dog for purposes of this act.
(b) Report of conviction.--The magisterial district judge
shall make a report of a conviction under subsection [(a)] (a.2)
to the Bureau of Dog Law Enforcement, identifying the convicted
party, identifying and describing the dog or dogs and providing
other information as the bureau might reasonably require.
* * *
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Section 3. Section 503-A of the act is amended to read:
Section 503-A. Requirements.
* * *
(b) Registration fee.--The registration fee for a dangerous
dog certificate shall be [$500] $1,000 per calendar year for the
life of the dog plus an additional amount set by the department
as may be necessary to cover the costs of issuing this
registration and enforcing this section. This registration fee
shall be in addition to any other fees collectable under this
act and shall be credited to the Dog Law Restricted Account for
the purpose of administering and enforcing this act.
* * *
Section 4. This act shall take effect in 60 days.
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