PRINTER'S NO. 2820
No. 2110 Session of 2001
INTRODUCED BY DALEY, DeWEESE, HALUSKA, THOMAS, HASAY, SHANER,
STABACK, CLARK, MANN, HARHAI, WALKO, TRAVAGLIO, YOUNGBLOOD,
CORRIGAN, HORSEY, LEVDANSKY, STEELMAN, J. WILLIAMS, ROONEY
AND PETRARCA, OCTOBER 31, 2001
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
OCTOBER 31, 2001
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225),
2 entitled, as amended, "An act relating to dogs, regulating
3 the keeping of dogs; providing for the licensing of dogs and
4 kennels; providing for the protection of dogs and the
5 detention and destruction of dogs in certain cases;
6 regulating the sale and transportation of dogs; declaring
7 dogs to be personal property and the subject of theft;
8 providing for the abandonment of animals; providing for the
9 assessment of damages done to animals; providing for payment
10 of damages by the Commonwealth in certain cases and the
11 liability of the owner or keeper of dogs for such damages;
12 imposing powers and duties on certain State and local
13 officers and employees; providing penalties; and creating a
14 Dog Law Restricted Account," further providing for public
15 safety and penalties related to dangerous dogs; and providing
16 for potentially dangerous dogs.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 505-A of the act of December 7, 1982
20 (P.L.784, No.225), known as the Dog Law, amended December 1,
21 1996 (P.L.943, No.151), is amended to read:
22 Section 505-A. Public safety and penalties.
23 (a) Failure to register and restrain.--A dangerous dog shall
1 be immediately confiscated by a State dog warden or a police
2 officer upon the occurrence of any of the following:
3 (1) The dog is not validly registered under this act.
4 (2) The owner does not secure and maintain the liability
5 insurance coverage required under section 503-A.
6 (3) The dog is not maintained in the proper enclosure.
7 (4) The dog is outside of the dwelling of the owner or
8 outside of the proper enclosure and not under physical
9 restraint of the responsible person who is at least 18 years
10 of age.
11 In addition, an owner violating this subsection commits a
12 misdemeanor of the third degree.
13 (b) Attacks by dangerous dog.--If a dangerous dog, through
14 the intentional, reckless or negligent conduct of the dog's
15 owner, attacks a person or a domestic animal, the dog's owner is
16 guilty of a misdemeanor of the second degree. In addition, the
17 dangerous dog shall be immediately confiscated, placed in
18 quarantine for the proper length of time and thereafter humanely
19 killed in an expeditious manner, with costs of quarantine and
20 destruction to be borne by the dog's owner.
21 (c) Attacks causing severe injury or death.--
22 (1) The owner of any dog that, through the intentional,
23 reckless or negligent conduct of the dog's owner,
24 aggressively attacks and causes severe injury [or death] of
25 any human shall be guilty of a [misdemeanor] felony of the
26 [first] second degree.
27 (2) The owner of any dog that, through the reckless or
28 negligent conduct of the dog's owner, aggressively attacks
29 and causes death of any human shall be guilty of involuntary
30 manslaughter.
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1 (3) In addition, the dog shall be immediately
2 confiscated by a State dog warden or a police officer, placed
3 in quarantine for the proper length of time and thereafter
4 humanely killed in an expeditious manner, with costs of
5 quarantine and destruction to be borne by the dog's owner.
6 (d) Dog owned by a minor.--[If the owner of the] An
7 individual under 18 years of age may not own a dangerous dog [is
8 a minor, the parent or guardian of the minor shall be liable for
9 injuries and property damages caused by an unprovoked attack by
10 the dangerous dog under section 4 of the act of July 27, 1967
11 (P.L.186, No.58), entitled "An act imposing liability upon
12 parents for personal injury, or theft, destruction, or loss of
13 property caused by the willful, tortious acts of children under
14 eighteen years of age, setting forth limitations, and providing
15 procedure for recovery."].
16 (e) Mandatory reporting.--
17 (1) All known incidents of dog attacks shall be reported
18 to the State dog warden, who shall investigate each incident
19 and notify the department if a dog has been determined to be
20 dangerous.
21 (2) A State dog warden or police officer who has
22 knowledge of a dog which has attacked a person shall file a
23 written report summarizing the circumstances of the attack
24 with the police in the municipality where the owner of the
25 dog resides or if the attack occurred outside the owner's
26 municipality of residence, with the police having
27 jurisdiction in the municipality where the attack occurred.
28 The report shall be available for public inspection.
29 Section 2. The act is amended by adding an article to read:
30 ARTICLE V-B
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1 POTENTIALLY DANGEROUS DOGS
2 Section 501-B. Definitions.
3 The following words and phrases when used in this article
4 shall have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Approved enclosure." An enclosure approved by the Bureau of
7 Dog Law Enforcement under section 503-B.
8 "Bureau." The Bureau of Dog Law Enforcement.
9 "Potentially dangerous dog." A dog determined to be
10 potentially dangerous under section 502-B(a).
11 Section 502-B. Registration.
12 (a) Summary offense of harboring a potentially dangerous
13 dog.--Except as set forth in subsection (c), the State dog
14 warden, a police officer or a humane society police officer may
15 file a complaint before a district justice, charging the owner
16 or keeper of a dog with harboring a potentially dangerous dog.
17 The owner or keeper of the dog shall be guilty of the summary
18 offense of harboring a potentially dangerous dog if the district
19 justice finds beyond a reasonable doubt that the dog has a
20 propensity to attack a human being or an animal. The finding may
21 not be based solely or primarily upon characteristics of the
22 breed of dog.
23 (b) Report of conviction.--The district justice shall make a
24 report of a conviction under subsection (a) to the bureau,
25 identifying the convicted party, identifying and describing the
26 dog and providing such other information as the bureau might
27 reasonably require.
28 (c) Exception.--This section does not apply to dogs used by
29 law enforcement officials for police work, certified guide dogs
30 for the blind, hearing dogs for the deaf nor aid dogs for the
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1 handicapped.
2 Section 503-B. Approved enclosure.
3 (a) Requirement.--After 30 days following registration of a
4 dog under section 502-B, a person may not own a potentially
5 dangerous dog unless one of the following applies:
6 (1) The person confines the dog in an approved
7 enclosure.
8 (2) The person is involved in an active proceeding under
9 subsection (b).
10 (b) Procedure.--
11 (1) An owner of a potentially dangerous dog must submit
12 to the bureau a plan and material samples for the approved
13 enclosure.
14 (2) The bureau shall determine, on the basis of the plan
15 and samples, whether the enclosure is:
16 (i) adequate in terms of height, strength and design
17 to prevent the dog from escaping; and
18 (ii) secure against entry by an individual without
19 the owner's consent.
20 (3) A proceeding under this subsection is subject to 2
21 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure
22 of Commonwealth agencies) and 7 Subch. A (relating to
23 judicial review of Commonwealth agency action).
24 Section 504-B. Prohibitions.
25 (a) Control.--
26 (1) A person that owns a potentially dangerous dog may
27 not permit the dog to be outside the approved enclosure
28 unless the dog is:
29 (i) on a heavy leash and choke collar; and
30 (ii) under the control of an individual at least 18
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1 years of age.
2 (2) A person that violates paragraph (1) commits a
3 misdemeanor of the third degree.
4 (b) Ownership.--
5 (1) An individual under 18 years of age may not own a
6 potentially dangerous dog.
7 (2) An individual who violates paragraph (1) commits a
8 misdemeanor of the third degree.
9 (c) Attacks.--
10 (1) The owner of a potentially dangerous dog which
11 through the intentional, reckless or negligent conduct of the
12 owner attacks a human being outside the approved enclosure of
13 the dog or the home of the owner commits a misdemeanor of the
14 second degree.
15 (2) The owner of a potentially dangerous dog which
16 through the intentional, reckless or negligent conduct of the
17 owner attacks a human being outside the approved enclosure of
18 the dog or the home of the owner and causes severe injury to
19 that human being commits a felony of the second degree.
20 (3) The owner of a potentially dangerous dog which
21 through the reckless or negligent conduct of the owner
22 attacks a human being outside the approved enclosure of the
23 dog or the home of the owner and causes the death of that
24 human being commits involuntary manslaughter.
25 Section 3. This act shall take effect in 60 days.
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