H0511B0563A08142     MSP:BTW  06/25/10     #90        A08142

AMENDMENTS TO HOUSE BILL NO. 511

Sponsor: REPRESENTATIVE CUTLER

Printer's No. 563

Amend Bill, page 1, line 17, by striking out "a" and

inserting

 an agricultural

Amend Bill, page 2, line 2, by inserting after "disease"

 or hazardous substance

Amend Bill, page 2, line 6, by inserting after "designed"

 and constructed

Amend Bill, page 2, line 20, by inserting after "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

Amend Bill, page 4, lines 5 through 22, by striking out all

of said lines and inserting

(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).