PRIOR PRINTER'S NOS. 68, 2363 PRINTER'S NO. 2492
No. 64 Session of 1985
INTRODUCED BY LLOYD, PRATT, SEVENTY, HERMAN, PISTELLA,
D. R. WRIGHT, CAWLEY, BLAUM, McVERRY, COLAFELLA, WOGAN,
PERZEL, BALDWIN, PRESTON, MORRIS, BELARDI, RYBAK, BATTISTO,
MICHLOVIC AND TELEK, JANUARY 23, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 19, 1985
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for an offense resulting
3 from an attack by a wild animal; AND FURTHER PROVIDING FOR <--
4 THE OWNERSHIP AND POSSESSION OF CERTAIN WEAPONS.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 2711. Attack by wild animals harbored by persons.
10 (a) Offense defined.--A person owning, possessing or
11 harboring a wild animal who fails to exercise due care in
12 safeguarding the public from attack by it or who recklessly
13 engages in conduct which places or may place another person in
14 danger of attack by the wild animal commits a misdemeanor of the
15 third degree.
16 (b) Previous attacks.--In the prosecution of an alleged
17 offense under this section, it is not necessary to prove
1 previous attacks upon a human being by the wild animal or
2 knowledge of the vicious propensities of the wild animal on the
3 part of the owner, possessor or harborer. The fact that the wild
4 animal has not previously attacked a human being or the lack of
5 knowledge of the vicious propensities of the wild animal on the
6 part of the owner, possessor or harborer is not a defense to a
7 prosecution under this section.
8 (c) Definition.--As used in this section the term "wild
9 animal" includes bears, coyotes, lions, tigers, leopards,
10 jaguars, cheetahs, cougars, wolves and any crossbreed of these
11 animals which has characteristics similar to these animals.
12 SECTION 2. SECTION 6105 OF TITLE 18 IS AMENDED TO READ: <--
13 § 6105. FORMER CONVICT NOT TO OWN A FIREARM, ETC.
14 (A) GENERAL RULE.--NO PERSON WHO HAS BEEN CONVICTED IN THIS
15 COMMONWEALTH OR ELSEWHERE OF A CRIME OF VIOLENCE OR OF A FELONY
16 FOR A VIOLATION OF THE ACT OF APRIL 14, 1972 (P.L.233, NO.64),
17 KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC
18 ACT, SHALL OWN A FIREARM, RIFLE OR SHOTGUN OR HAVE [ONE] ANY
19 SUCH WEAPONS IN HIS POSSESSION OR UNDER HIS CONTROL.
20 (B) EXEMPTION.--A COURT OF COMMON PLEAS HAVING JURISDICTION
21 WHERE THE PRINCIPAL RESIDENCE OF A PETITIONER IS SITUATED MAY
22 GRANT AN EXEMPTION FROM THE PROVISIONS OF SUBSECTION (A) TO THE
23 PETITIONER UPON FINDING THAT THE PETITIONER MEETS ALL OF THE
24 FOLLOWING PROVISIONS:
25 (1) A PERIOD OF TEN YEARS HAS ELAPSED SINCE THE MOST
26 RECENT CONVICTION OF A CRIME OF VIOLENCE OR A VIOLATION OF
27 THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
28 (2) A PERIOD OF FIVE YEARS HAS ELAPSED SINCE THE
29 COMPLETION OF THE MOST RECENT TERM OF IMPRISONMENT, IF ANY,
30 FOR ANY CRIME, OTHER THAN A SUMMARY OFFENSE.
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1 (C) PROCEEDINGS.--WHENEVER ANY PERSON PETITIONS THE COURT OF
2 COMMON PLEAS PURSUANT TO THIS SECTION, A HEARING SHALL BE HELD
3 IN OPEN COURT TO DETERMINE WHETHER THE REQUIREMENTS OF
4 SUBSECTION (B) HAVE BEEN MET. THE COMMISSIONER OF THE
5 PENNSYLVANIA STATE POLICE AND THE DISTRICT ATTORNEY OF THE
6 COUNTY OF VENUE SHALL BE PARTIES TO ANY SUCH PROCEEDING.
7 Section 2 3. This act shall take effect in 60 days. <--
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