PRINTER'S NO. 584
No. 541 Session of 2001
INTRODUCED BY READSHAW, ROONEY, CALTAGIRONE, BELARDI, COY,
YOUNGBLOOD, NAILOR, RUFFING, CRUZ, SATHER, KENNEY, HORSEY,
COSTA, L. I. COHEN, FREEMAN, STABACK, SAINATO, MICHLOVIC,
STEELMAN, SHANER, ORIE, SOLOBAY, PRESTON, KAISER, PETRARCA,
GRUCELA, MANDERINO, C. WILLIAMS, TANGRETTI, HARHAI, MAYERNIK,
MAITLAND, WOJNAROSKI, CAWLEY, CASORIO, LAUGHLIN AND WALKO,
FEBRUARY 7, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 7, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 animal cruelty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5511 of Title 18 of the Pennsylvania
7 Consolidated Statutes, amended October 18, 2000 (P.L.605,
8 No.80), is amended to read:
9 § 5511. Cruelty to animals.
10 (a) Killing, maiming or poisoning domestic animals or zoo
11 animals, etc.--
12 (1) A person commits a misdemeanor of the second degree
13 if he willfully and maliciously:
14 (i) Kills, maims or disfigures any domestic animal
15 of another person or any domestic fowl of another person.
16 (ii) Administers poison to or exposes any poisonous
1 substance with the intent to administer such poison to
2 any domestic animal of another person or domestic fowl of
3 another person.
4 (iii) Harasses, annoys, injures, attempts to injure,
5 molests or interferes with a dog guide for an individual
6 who is blind, a hearing dog for an individual who is deaf
7 or audibly impaired or a service dog for an individual
8 who is physically limited.
9 Any person convicted of violating the provisions of this
10 paragraph shall be sentenced to pay a fine of not less than
11 $500.
12 (2) A person commits a felony of the third degree if he
13 willfully and maliciously:
14 (i) Kills, maims or disfigures any zoo animal in
15 captivity.
16 (ii) Administers poison to or exposes any poisonous
17 substance with the intent to administer such poison to
18 any zoo animal in captivity.
19 (2.1) (i) A person commits a misdemeanor of the first
20 degree if he willfully and maliciously:
21 (A) Kills, maims, mutilates, tortures or
22 disfigures any [dog or cat] animal, whether belonging
23 to himself or otherwise.
24 (B) Administers poison to or exposes any
25 poisonous substance with the intent to administer
26 such poison to any [dog or cat] animal, whether
27 belonging to himself or otherwise.
28 (ii) Any person convicted of violating the
29 provisions of this paragraph shall be sentenced to pay a
30 fine of not less than $1,000 or to imprisonment for not
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1 more than two years, or both. The court may also order a
2 presentence mental evaluation. A subsequent conviction
3 under this paragraph shall be a felony of the third
4 degree. This paragraph shall apply to [dogs and cats]
5 animals only.
6 (iii) The killing of [a dog or cat] an animal by the
7 owner of that animal is not malicious if it is
8 accomplished in accordance with the act of December 22,
9 1983 (P.L.303, No.83), referred to as the Animal
10 Destruction Method Authorization Law.
11 (3) This subsection shall not apply to:
12 (i) the killing of any animal taken or found in the
13 act of actually destroying any domestic animal or
14 domestic fowl;
15 (ii) the killing of any animal or fowl pursuant to
16 the act of June 3, 1937 (P.L.1225, No.316), known as The
17 Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
18 dogs public nuisances) and 2385 (relating to destruction
19 of dogs declared public nuisances), or the regulations
20 promulgated thereunder; or
21 (iii) such reasonable activity as may be undertaken
22 in connection with vermin control or pest control.
23 (b) Regulating certain actions concerning fowl or rabbits.--
24 A person commits a summary offense if he sells, offers for sale,
25 barters, or gives away baby chickens, ducklings, or other fowl,
26 under one month of age, or rabbits under two months of age, as
27 pets, toys, premiums or novelties or if he colors, dyes, stains
28 or otherwise changes the natural color of baby chickens,
29 ducklings or other fowl, or rabbits or if he brings or
30 transports the same into this Commonwealth. This section shall
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1 not be construed to prohibit the sale or display of such baby
2 chickens, ducklings, or other fowl, or such rabbits, in proper
3 facilities by persons engaged in the business of selling them
4 for purposes of commercial breeding and raising.
5 (c) Cruelty to animals.--A person commits a summary offense
6 if he wantonly or cruelly illtreats, overloads, beats, otherwise
7 abuses any animal, or neglects any animal as to which he has a
8 duty of care, whether belonging to himself or otherwise, or
9 abandons any animal, or deprives any animal of necessary
10 sustenance, drink, shelter or veterinary care, or access to
11 clean and sanitary shelter which will protect the animal against
12 inclement weather and preserve the animal's body heat and keep
13 it dry. [This subsection shall not apply to activity undertaken
14 in normal agricultural operation.] Unless gross negligence can
15 be shown, this section shall not apply to agricultural practices
16 commonly accepted by the entire community.
17 (d) Selling or using disabled horse.--A person commits a
18 summary offense if he offers for sale or sells any horse, which
19 by reason of debility, disease or lameness, or for other cause,
20 could not be worked or used without violating the laws against
21 cruelty to animals, or leads, rides, drives or transports any
22 such horse for any purpose, except that of conveying the horse
23 to the nearest available appropriate facility for its humane
24 keeping or destruction or for medical or surgical treatment.
25 (e) Transporting animals in cruel manner.--A person commits
26 a summary offense if he carries, or causes, or allows to be
27 carried in or upon any cart, or other vehicle whatsoever, any
28 animal in a cruel or inhumane manner. The person taking him into
29 custody may take charge of the animal and of any such vehicle
30 and its contents, and deposit the same in some safe place of
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1 custody, and any necessary expenses which may be incurred for
2 taking charge of and keeping the same, and sustaining any such
3 animal, shall be a lien thereon, to be paid before the same can
4 lawfully be recovered, or the said expenses or any part thereof
5 remaining unpaid may be recovered by the person incurring the
6 same from the owner of said creature in any action therefor.
7 For the purposes of this section, it shall not be deemed
8 cruel or inhumane to transport live poultry in crates so long as
9 not more than 15 pounds of live poultry are allocated to each
10 cubic foot of space in the crate.
11 (f) Hours of labor of animals.--A person commits a summary
12 offense if he leads, drives, rides or works or causes or permits
13 any other person to lead, drive, ride or work any horse, mare,
14 mule, ox, or any other animal, whether belonging to himself or
15 in his possession or control, for more than 15 hours in any 24
16 hour period, or more than 90 hours in any one week.
17 Nothing in this subsection contained shall be construed to
18 warrant any persons leading, driving, riding or walking any
19 animal a less period than 15 hours, when so doing shall in any
20 way violate the laws against cruelty to animals.
21 (g) Cruelty to cow to enhance appearance of udder.--A person
22 commits a summary offense if he kneads or beats or pads the
23 udder of any cow, or willfully allows it to go unmilked for a
24 period of 24 hours or more, for the purpose of enhancing the
25 appearance or size of the udder of said cow, or by a muzzle or
26 any other device prevents its calf, if less than six weeks old,
27 from obtaining nourishment, and thereby relieving the udder of
28 said cow, for a period of 24 hours.
29 (h) Cropping ears of dog; prima facie evidence of
30 violation.--A person commits a summary offense if he crops or
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1 cuts off, or causes or procures to be cropped or cut off, the
2 whole, or part of the ear or ears of a dog or shows or exhibits
3 or procures the showing or exhibition of any dog whose ear is or
4 ears are cropped or cut off, in whole or in part, unless the
5 person showing such dog has in his possession either a
6 certificate of veterinarian stating that such cropping was done
7 by the veterinarian or a certificate of registration from a
8 county treasurer, showing that such dog was cut or cropped
9 before this section became effective.
10 The provisions of this section shall not prevent a
11 veterinarian from cutting or cropping the whole or part of the
12 ear or ears of a dog when such dog is anesthetized, and shall
13 not prevent any person from causing or procuring such cutting or
14 cropping of a dog's ear or ears by a veterinarian.
15 The possession by any person of a dog with an ear or ears cut
16 off or cropped and with the wound resulting therefrom unhealed,
17 or any such dog being found in the charge or custody of any
18 person or confined upon the premises owned by or under the
19 control of any person, shall be prima facie evidence of a
20 violation of this subsection by such person except as provided
21 for in this subsection.
22 The owner of any dog whose ear or ears have been cut off or
23 cropped before this section became effective may, if a resident
24 of this Commonwealth, register such dog with the treasurer of
25 the county where he resides, and if a nonresident of this
26 Commonwealth, with the treasurer of any county of this
27 Commonwealth, by certifying, under oath, that the ear or ears of
28 such dog were cut or cropped before this section became
29 effective, and the payment of a fee of $1 into the county
30 treasury. The said treasurer shall thereupon issue to such
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1 person a certificate showing such dog to be a lawfully cropped
2 dog.
3 (h.1) Animal fighting.--A person commits a felony of the
4 third degree if he:
5 (1) for amusement or gain, causes, allows or permits any
6 animal to engage in animal fighting;
7 (2) receives compensation for the admission of another
8 person to any place kept or used for animal fighting;
9 (3) owns, possesses, keeps, trains, promotes, purchases
10 or knowingly sells any animal for animal fighting;
11 (4) in any way knowingly encourages, aids or assists
12 therein;
13 (5) wagers on the outcome of an animal fight;
14 (6) pays for admission to an animal fight or attends an
15 animal fight as a spectator; or
16 (7) knowingly permits any place under his control or
17 possession to be kept or used for animal fighting.
18 This subsection shall not apply to activity undertaken in a
19 normal agricultural operation.
20 (i) Power to initiate criminal proceedings.--An agent of any
21 society or association for the prevention of cruelty to animals,
22 incorporated under the laws of the Commonwealth, shall have the
23 same powers to initiate criminal proceedings provided for police
24 officers by the Pennsylvania Rules of Criminal Procedure. An
25 agent of any society or association for the prevention of
26 cruelty to animals, incorporated under the laws of this
27 Commonwealth, shall have standing to request any court of
28 competent jurisdiction to enjoin any violation of this section.
29 (j) Seizure of animals kept or used for animal fighting.--
30 Any police officer or agent of a society or association for the
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1 prevention of cruelty to animals incorporated under the laws of
2 this Commonwealth, shall have power to seize any animal kept,
3 used, or intended to be used for animal fighting. When the
4 seizure is made, the animal or animals so seized shall not be
5 deemed absolutely forfeited, but shall be held by the officer or
6 agent seizing the same until a conviction of some person is
7 first obtained for a violation of subsection (h.1). The officer
8 or agent making such seizure shall make due return to the
9 issuing authority, of the number and kind of animals or
10 creatures so seized by him. Where an animal is thus seized, the
11 police officer or agent is authorized to provide such care as is
12 reasonably necessary, and where any animal thus seized is found
13 to be disabled, injured or diseased beyond reasonable hope of
14 recovery, the police officer or agent is authorized to provide
15 for the humane destruction of the animal. In addition to any
16 other penalty provided by law, the authority imposing sentence
17 upon a conviction for any violation of subsection (h.1) shall
18 order the forfeiture or surrender of any abused, neglected or
19 deprived animal of the defendant to any society or association
20 for the prevention of cruelty to animals duly incorporated under
21 the laws of this Commonwealth and shall require that the owner
22 pay the cost of the keeping, care and destruction of the animal.
23 (k) Killing homing pigeons.--A person commits a summary
24 offense if he shoots, maims or kills any antwerp or homing
25 pigeon, either while on flight or at rest, or detains or entraps
26 any such pigeon which carries the name of its owner.
27 (l) Search warrants.--Where a violation of this section is
28 alleged, any issuing authority may, in compliance with the
29 applicable provisions of the Pennsylvania Rules of Criminal
30 Procedure, issue to any police officer or any agent of any
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1 society or association for the prevention of cruelty to animals
2 duly incorporated under the laws of this Commonwealth a search
3 warrant authorizing the search of any building or any enclosure
4 in which any violation of this section is occurring or has
5 occurred, and authorizing the seizure of evidence of the
6 violation including, but not limited to, the animals which were
7 the subject of the violation. Where an animal thus seized is
8 found to be neglected or starving, the police officer or agent
9 is authorized to provide such care as is reasonably necessary,
10 and where any animal thus seized is found to be disabled,
11 injured or diseased beyond reasonable hope of recovery, the
12 police officer or agent is authorized to provide for the humane
13 destruction of the animal. The cost of the keeping, care and
14 destruction of the animal shall be paid by the owner thereof and
15 claims for the costs shall constitute a lien upon the animal. In
16 addition to any other penalty provided by law, the authority
17 imposing sentence upon a conviction for any violation of this
18 section [may] shall require that the owner pay the cost of the
19 keeping, care and destruction of the animal. No search warrant
20 shall be issued based upon an alleged violation of this section
21 which authorizes any police officer or agent or other person to
22 enter upon or search premises where scientific research work is
23 being conducted by, or under the supervision of, graduates of
24 duly accredited scientific schools or where biological products
25 are being produced for the care or prevention of disease.
26 (m) Forfeiture.--In addition to any other penalty provided
27 by law, the authority imposing sentence upon a conviction for
28 any violation of this section [may] shall order the forfeiture
29 or surrender of any abused, neglected or deprived animal of the
30 defendant to any society or association for the prevention of
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1 cruelty to animals duly incorporated under the laws of this
2 Commonwealth.
3 (m.1) Fine for summary offense.--In addition to any other
4 penalty provided by law, a person convicted of a summary offense
5 under this section shall pay a fine of not less than $50 nor
6 more than $750 or to imprisonment for not more than 90 days, or
7 both.
8 (n) Skinning of and selling or buying pelts of dogs and
9 cats.--A person commits a summary offense if he skins a dog or
10 cat or offers for sale or exchange or offers to buy or exchange
11 the pelt or pelts of any dog or cat.
12 (n.1) Psychological counseling and community service.--The
13 authority imposing sentence may order a person convicted under
14 this section to participate in available animal cruelty programs
15 or education programs, or both, or to obtain psychological
16 counseling or treatment of mental health disorders that, in the
17 judgment of the authority imposing sentence, contributed to the
18 commission of the crime. The person so convicted shall bear any
19 costs incurred for participation in counseling or treatment
20 programs under this section. The authority imposing sentence may
21 order a person convicted under this section to participate in
22 community service work at an animal shelter for a specified
23 period of time. The organization shall report to the authority
24 imposing sentence whether or not the person convicted has
25 completed the required community service work.
26 (o) Representation of humane society by attorney.--Upon
27 prior authorization and approval by the district attorney of the
28 county in which the proceeding is held, an association or agent
29 may be represented in any proceeding under this section by any
30 attorney admitted to practice before the Supreme Court of
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1 Pennsylvania and in good standing. [Attorney's] Attorney fees
2 shall be borne by the humane society or association which is
3 represented unless a conviction occurs; then the authority
4 imposing sentence shall order the person so convicted to pay the
5 attorney fees.
6 (o.1) Construction of section.--The provisions of this
7 section shall not supersede the act of December 7, 1982
8 (P.L.784, No.225), known as the Dog Law.
9 (p) Applicability of section.--This section shall not apply
10 to, interfere with or hinder any activity which is authorized or
11 permitted pursuant to the act of June 3, 1937 (P.L.1225,
12 No.316), known as The Game Law or Title 34 (relating to game).
13 (q) Definitions.--As used in this section, the following
14 words and phrases shall have the meanings given to them in this
15 subsection:
16 "Animal fighting." Fighting or baiting any bull, bear, dog,
17 cock or other creature.
18 "Audibly impaired." The inability to hear air conduction
19 thresholds at an average of 40 decibels or greater in the better
20 ear.
21 "Blind." Having a visual acuity of 20/200 or less in the
22 better eye with correction or having a limitation of the field
23 of vision such that the widest diameter of the visual field
24 subtends an angular distance not greater than 20 degrees.
25 "Deaf." Totally impaired hearing or hearing with or without
26 amplification which is so seriously impaired that the primary
27 means of receiving spoken language is through other sensory
28 input, including, but not limited to, lip reading, sign
29 language, finger spelling or reading.
30 "Domestic animal." Any dog, cat, equine animal, bovine
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1 animal, sheep, goat or porcine animal.
2 "Domestic fowl." Any avis raised for food, hobby or sport.
3 "Normal agricultural operation." Normal activities,
4 practices and procedures that farmers adopt, use or engage in
5 year after year in the production and preparation for market of
6 poultry, livestock and their products in the production and
7 harvesting of agricultural, agronomic, horticultural,
8 silvicultural and aquicultural crops and commodities.
9 "Physically limited." Having limited ambulation, including,
10 but not limited to, a temporary or permanent impairment or
11 condition that causes an individual to use a wheelchair or walk
12 with difficulty or insecurity, affects sight or hearing to the
13 extent that an individual is insecure or exposed to danger,
14 causes faulty coordination or reduces mobility, flexibility,
15 coordination or perceptiveness.
16 "Zoo animal." Any member of the class of mammalia, aves,
17 amphibia or reptilia which is kept in a confined area by a
18 public body or private individual for purposes of observation by
19 the general public.
20 Section 2. This act shall take effect in 60 days.
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