THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. COSTA, READSHAW, BOBACK, CALTAGIRONE, P. COSTA, DAVIS, DUNBAR, GOODMAN, HARHAI, W. KELLER, MUNDY, MYERS, SAINATO, SANTARSIERO, SONNEY, WATSON, YOUNGBLOOD, M. O'BRIEN AND FLECK, OCTOBER 2, 2012

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 2, 2012  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in riot, disorderly conduct and

related offenses, further providing for the offense of

cruelty to animals. 

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5511(a), (b), (c), (d), (e), (e.1), (f),

(g), (h), (k), (m.1) and (n) of Title 18 of the Pennsylvania

Consolidated Statutes are amended to read:

§ 5511.  Cruelty to animals.

(a)  Killing, maiming or poisoning domestic animals or zoo

animals, etc.--

(1)  A person commits [a misdemeanor of the second

degree] an offense if he willfully and maliciously:

(i)  Kills, maims or disfigures any domestic animal

of another person or any domestic fowl of another person.

(ii)  Administers poison to or exposes any poisonous

substance with the intent to administer such poison to

any domestic animal of another person or domestic fowl of

another person.

(iii)  Harasses, annoys, injures, attempts to injure,

molests or interferes with a dog guide for an individual

who is blind, a hearing dog for an individual who is deaf

or audibly impaired or a service dog for an individual

who is physically limited.

Any person convicted of violating the provisions of this

paragraph shall be sentenced to pay a fine of not less than

$500.

(1.1)  (i)  Except as provided in subparagraph (ii), a

person convicted of violating paragraph (1) commits a

misdemeanor of the first degree.

(ii)  A person convicted for a second or subsequent

time of violating paragraph (1)(i) commits a felony of

the third degree.

(2)  A person commits a felony of the third degree if he

willfully and maliciously:

(i)  Kills, maims or disfigures any zoo animal in

captivity.

(ii)  Administers poison to or exposes any poisonous

substance with the intent to administer such poison to

any zoo animal in captivity.

(2.1)  (i)  A person commits a misdemeanor of the first

degree if he willfully and maliciously:

(A)  Kills, maims, mutilates, tortures or

disfigures any dog or cat, whether belonging to

himself or otherwise. If a person kills, maims,

mutilates, tortures or disfigures a dog guide for an

individual who is blind, a hearing dog for an

individual who is deaf or audibly impaired or a

service dog for an individual who is physically

limited, whether belonging to the individual or

otherwise, that person, in addition to any other

applicable penalty, shall be required to make

reparations for veterinary costs in treating the dog

and, if necessary, the cost of obtaining and training

a replacement dog.

(B)  Administers poison to or exposes any

poisonous substance with the intent to administer

such poison to any dog or cat, whether belonging to

himself or otherwise.

(ii)  [Any] (A)  Except as otherwise provided in

clause (B), any person convicted of violating the

provisions of this paragraph shall be sentenced to

pay a fine of not less than $1,000 or to imprisonment

for not more than two years, or both. The court may

also order a presentence mental evaluation.

(B)  A second or subsequent conviction under this

paragraph shall be a felony of the third degree.

[This paragraph shall apply to dogs and cats only.]

(iii)  The killing of a dog or cat by the owner of

that animal is not malicious if it is accomplished in

accordance with the act of December 22, 1983 (P.L.303,

No.83), referred to as the Animal Destruction Method

Authorization Law.

(3)  This subsection shall not apply to:

(i)  the killing of any animal taken or found in the

act of actually destroying any domestic animal or

domestic fowl;

(ii)  the killing of any animal or fowl pursuant to

the act of June 3, 1937 (P.L.1225, No.316), known as The

Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring

dogs public nuisances) and 2385 (relating to destruction

of dogs declared public nuisances), or the regulations

promulgated thereunder; or

(iii)  such reasonable activity as may be undertaken

in connection with vermin control or pest control.

* * *

(b)  Regulating certain actions concerning fowl or rabbits.--

A person commits a [summary offense] misdemeanor of the third

degree if he sells, offers for sale, barters, or gives away baby

chickens, ducklings, or other fowl, under one month of age, or

rabbits under two months of age, as pets, toys, premiums or

novelties or if he colors, dyes, stains or otherwise changes the

natural color of baby chickens, ducklings or other fowl, or

rabbits or if he brings or transports the same into this

Commonwealth. This section shall not be construed to prohibit

the sale or display of such baby chickens, ducklings, or other

fowl, or such rabbits, in proper facilities by persons engaged

in the business of selling them for purposes of commercial

breeding and raising.

(c)  Cruelty to animals.--

(1)  A person commits an offense if he wantonly or

cruelly illtreats, overloads, beats, otherwise abuses any

animal, or neglects any animal as to which he has a duty of

care, whether belonging to himself or otherwise, or abandons

any animal, or deprives any animal of necessary sustenance,

drink, shelter or veterinary care, or access to clean and

sanitary shelter which will protect the animal against

inclement weather and preserve the animal's body heat and

keep it dry.

(2)  (i)  Except as provided in subparagraph (ii), a

person convicted of violating paragraph (1) commits a

[summary offense] misdemeanor of the third degree.

(ii)  A person convicted for a second or subsequent

time of violating paragraph (1) commits a misdemeanor of

the [third] second degree if all of the following

occurred:

(A)  The action or omission for which the person

was convicted for a subsequent time was performed on

a dog or cat.

(B)  The dog or cat was seriously injured,

suffered severe physical distress or was placed at

imminent risk of serious physical harm as the result

of the person's action or omission.

(3)  This subsection shall not apply to activity

undertaken in normal agricultural operation.

(d)  Selling or using disabled horse.--A person commits a

[summary offense] misdemeanor of the third degree if he offers

for sale or sells any horse, which by reason of debility,

disease or lameness, or for other cause, could not be worked or

used without violating the laws against cruelty to animals, or

leads, rides, drives or transports any such horse for any

purpose, except that of conveying the horse to the nearest

available appropriate facility for its humane keeping or

destruction or for medical or surgical treatment.

(e)  Transporting animals in cruel manner.--

(1)  A person commits a [summary offense] misdemeanor of

the third degree if he carries, or causes, or allows to be

carried in or upon any cart, or other vehicle whatsoever, any

animal in a cruel or inhumane manner.

(2)  The person taking him into custody may take charge

of the animal and of any such vehicle and its contents, and

deposit the same in some safe place of custody, and any

necessary expenses which may be incurred for taking charge of

and keeping the same, and sustaining any such animal, shall

be a lien thereon, to be paid before the same can lawfully be

recovered, or the said expenses or any part thereof remaining

unpaid may be recovered by the person incurring the same from

the owner of said creature in any action therefor.

(3)  For the purposes of this section, it shall not be

deemed cruel or inhumane to transport live poultry in crates

so long as not more than 15 pounds of live poultry are

allocated to each cubic foot of space in the crate.

(e.1)  Transporting equine animals in cruel manner.--

(1)  Notwithstanding any other provision of law, a person

commits a [summary offense] misdemeanor of the third degree 

for each equine animal if the person carries, or causes or

allows to be carried, any equine animal in or upon any

conveyance or other vehicle whatsoever with two or more

levels stacked on top of one another.

(2)  A person who violates this subsection on a second or

subsequent occasion commits a misdemeanor of the [third]

second degree for each equine animal transported.

(f)  Hours of labor of animals.--

(1)  A person commits a [summary offense] misdemeanor of

the third degree if he leads, drives, rides or works or

causes or permits any other person to lead, drive, ride or

work any horse, mare, mule, ox, or any other animal, whether

belonging to himself or in his possession or control, for

more than 15 hours in any 24 hour period, or more than 90

hours in any one week.

(2)  Nothing in this subsection [contained] shall be

construed to warrant any persons leading, driving, riding or

walking any animal a less period than 15 hours, when so doing

shall in any way violate the laws against cruelty to animals.

(g)  Cruelty to cow to enhance appearance of udder.--A person

commits a [summary offense] misdemeanor of the third degree if

he kneads or beats or pads the udder of any cow, or willfully

allows it to go unmilked for a period of 24 hours or more, for

the purpose of enhancing the appearance or size of the udder of

said cow, or by a muzzle or any other device prevents its calf,

if less than six weeks old, from obtaining nourishment, and

thereby relieving the udder of said cow, for a period of 24

hours.

(h)  Specific violations; prima facie evidence of

violation.--

(1)  (i)  A person commits a [summary offense]

misdemeanor of the third degree if the person crops,

trims or cuts off, or causes or procures to be cropped,

trimmed or cut off, the whole or part of the ear or ears

of a dog.

(ii)  The provisions of this paragraph shall not

prevent a veterinarian from cropping, trimming or cutting

off the whole or part of the ear or ears of a dog when

the dog is anesthetized and shall not prevent any person

from causing or procuring the cropping, trimming or

cutting off of a dog's ear or ears by a veterinarian.

(iii)  The possession by any person of a dog with an

ear or ears cropped, trimmed or cut off and with the

wound or incision site resulting therefrom unhealed, or

any such dog being found in the charge or custody of any

person or confined upon the premises owned by or under

the control of any person, shall be prima facie evidence

of a violation of this subsection by the person except as

provided for in this subsection.

(iv)  A person who procures the cropping, trimming or

cutting off of the whole or part of an ear or ears of a

dog shall record the procedure. The record shall include

the name of the attending veterinarian and the date and

location at which the procedure was performed. The record

shall be kept as long as the wound or incision site is

unhealed and shall be transferred with the dog during

that period of time.

(2)  (i)  A person commits a [summary offense]

misdemeanor of the third degree if the person debarks a

dog by cutting, causing or procuring the cutting of its

vocal cords or by altering, causing or procuring the

alteration of any part of its resonance chamber.

(ii)  The provisions of this paragraph shall not

prevent a veterinarian from cutting the vocal cords or

otherwise altering the resonance chamber of a dog when

the dog is anesthetized and shall not prevent a person

from causing or procuring a debarking procedure by a

veterinarian.

(iii)  The possession by any person of a dog with the

vocal cords cut or the resonance chamber otherwise

altered and with the wound or incision site resulting

therefrom unhealed, or any such dog being found in the

charge or custody of any person or confined upon the

premises owned by or under the control of any person,

shall be prima facie evidence of a violation of this

paragraph by the person, except as provided in this

paragraph.

(iv)  A person who procures the cutting of vocal

cords or the alteration of the resonance chamber of a dog

shall record the procedure. The record shall include the

name of the attending veterinarian and the date and

location at which the procedure was performed. The record

shall be kept as long as the wound or incision site is

unhealed and shall be transferred with the dog during

that period of time.

(3)  (i)  A person commits a [summary offense]

misdemeanor of the third degree if the person docks, cuts

off, causes or procures the docking or cutting off of the

tail of a dog over five days old.

(ii)  The provisions of this paragraph shall not

prevent a veterinarian from docking, cutting off or

cropping the whole or part of the tail of a dog when the

dog is at least 12 weeks of age and the procedure is

performed using general anesthesia and shall not prevent

a person from causing or procuring the cutting off or

docking of a tail of a dog by a veterinarian as provided

in this paragraph.

(iii)  The provisions of this section shall not

prevent a veterinarian from surgically removing, docking,

cutting off or cropping the tail of a dog between five

days and 12 weeks of age if, in the veterinarian’s

professional judgment, the procedure is medically

necessary for the health and welfare of the dog. If the

procedure is performed, it shall be done in accordance

with generally accepted standards of veterinary practice.

(iv)  The possession by any person of a dog with a

tail cut off or docked and with the wound or incision

site resulting therefrom unhealed, or any such dog being

found in the charge or custody of any person or confined

upon the premises owned by or under the control of any

person, shall be prima facie evidence of a violation of

this paragraph by the person, except as provided in this

paragraph.

(v)  A person who procures the cutting off or docking

of a tail of a dog shall record the procedure. The record

shall include the name of the attending veterinarian and

the date and location at which the procedure was

performed. The record shall be kept as long as the wound

or incision site is unhealed and shall be transferred

with the dog during that period of time.

(4)  (i)  A person commits a [summary offense]

misdemeanor of the third degree if the person surgically

births or causes or procures a surgical birth.

(ii)  The provisions of this section shall not

prevent a veterinarian from surgically birthing a dog

when the dog is anesthetized and shall not prevent any

person from causing or procuring a surgical birthing by a

veterinarian.

(iii)  The possession by any person of a dog with a

wound or incision site resulting from a surgical birth

unhealed, or any such dog being found in the charge or

custody of any person or confined upon the premises owned

by or under the control of any person, shall be prima

facie evidence of a violation of this paragraph by the

person, except as provided in this paragraph.

(iv)  A person who procures the surgical birth of a

dog shall record the procedure. The record shall include

the name of the attending veterinarian and the date and

location at which the procedure was performed. The record

shall be kept as long as the wound or incision site is

unhealed and shall be transferred with the dog during

that period of time.

(v)  This paragraph shall not apply to personnel

required to comply with standards to minimize pain to an

animal set forth in section 2143(a)(3) of the Animal

Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.),

trained in accordance with section 2143(d) of the Animal

Welfare Act, who work in a federally registered research

facility required to comply with the Animal Welfare Act

under the guidance or oversight of a veterinarian.

(5)  (i)  A person commits a [summary offense]

misdemeanor of the third degree if the person cuts off or

causes or procures the cutting off of the dewclaw of a

dog over five days old.

(ii)  The provisions of this paragraph shall not

prevent a veterinarian from cutting the dewclaw and shall

not prevent a person from causing or procuring the

procedure by a veterinarian.

(iii)  The possession by any person of a dog with the

dewclaw cut off and with the wound or incision site

resulting therefrom unhealed, or any such dog being found

in the charge or custody of any person or confined upon

the premises owned by or under the control of any person,

shall be prima facie evidence of a violation of this

paragraph by the person, except as provided in this

paragraph.

(iv)  A person who procures the cutting off of the

dewclaw of a dog shall record the procedure. The record

shall include the name of the attending veterinarian and

the date and location at which the procedure was

performed. The record shall be kept as long as the wound

or incision site is unhealed and shall be transferred

with the dog during that period of time.

* * *

(k)  Killing homing pigeons.--A person commits a [summary

offense] misdemeanor of the third degree if he shoots, maims or

kills any antwerp or homing pigeon, either while on flight or at

rest, or detains or entraps any such pigeon which carries the

name of its owner.

* * *

(m.1)  Fine for [summary offense] misdemeanor of the third

degree.--In addition to any other penalty provided by law, a

person convicted of a [summary offense] misdemeanor of the third

degree under this section shall pay a fine of not less than $50

nor more than $750 or to imprisonment for not more than 90 days,

or both.

* * *

(n)  Skinning of and selling or buying pelts of dogs and

cats.--A person commits a [summary offense] misdemeanor of the

third degree if he skins a dog or cat or offers for sale or

exchange or offers to buy or exchange the pelt or pelts of any

dog or cat.

* * *

Section 2.  This act shall take effect in 60 days.