AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for cruelty to
3animals.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 5511(c)(2), (h)(1)(i), (2)(i), (3)(i),
7(4)(i) and (5)(i) and (m.2) of Title 18 of the Pennsylvania
8Consolidated Statutes are amended to read:

9§ 5511. Cruelty to animals.

10* * *

11(c) Cruelty to animals.--

12* * *

13(2) The following apply:

14(i) Except as provided in subparagraph (ii), a
15person convicted of violating paragraph (1) commits a
16[summary offense] misdemeanor of the third degree and 

1shall, upon conviction, be sentenced to pay a fine of not 
2less than $750 or to imprisonment for not more than one 
3year, or both.

4(ii) A person convicted for a second or subsequent
5time of violating paragraph (1) commits a misdemeanor of
6the [third] second degree [if all of the following
7occurred:

8(A) The action or omission for which the person
9was convicted for a subsequent time was performed on
10a dog or cat.

11(B) The dog or cat was seriously injured,
12suffered severe physical distress or was placed at
13imminent risk of serious physical harm as the result
14of the person's action or omission].

15* * *

16(h) Specific violations; prima facie evidence of
17violation.--

18(1) (i) A person commits a [summary offense]
19misdemeanor of the third degree and shall, upon 
20conviction, be sentenced to pay a fine of not less than 
21$750 or to imprisonment for not more than one year, or 
22both, if the person crops, trims or cuts off, or causes
23or procures to be cropped, trimmed or cut off, the whole
24or part of the ear or ears of a dog.

25* * *

26(2) (i) A person commits a [summary offense]
27misdemeanor of the third degree and shall, upon 
28conviction, be sentenced to pay a fine of not less than 
29$750 or to imprisonment for not more than one year, or 
30both, if the person debarks a dog by cutting, causing or

1procuring the cutting of its vocal cords or by altering,
2causing or procuring the alteration of any part of its
3resonance chamber.

4* * *

5(3) (i) A person commits a [summary offense]
6misdemeanor of the third degree and shall, upon 
7conviction, be sentenced to pay a fine of not less than 
8$750 or to imprisonment for not more than one year, or 
9both, if the person docks, cuts off, causes or procures
10the docking or cutting off of the tail of a dog over five
11days old.

12* * *

13(4) (i) A person commits a [summary offense]
14misdemeanor of the third degree and shall, upon 
15conviction, be sentenced to pay a fine of not less than 
16$750 or to imprisonment for not more than one year, or 
17both, if the person surgically births or causes or
18procures a surgical birth.

19* * *

20(5) (i) A person commits a [summary offense]
21misdemeanor of the third degree and shall, upon 
22conviction, be sentenced to pay a fine of not less than 
23$750 or to imprisonment for not more than one year, or 
24both, if the person cuts off or causes or procures the
25cutting off of the dewclaw of a dog over five days old.

26* * *

27(m.2) Prohibition of ownership.--Notwithstanding any
28provision of law and in addition to any other penalty provided
29by law, the authority imposing sentence upon a conviction for
30any violation of this section may order the prohibition or

1limitation of the defendant's ownership, possession, control or
2custody of animals or employment with the care of animals for a
3period of time not [to exceed] less than the statutory maximum
4term of imprisonment applicable to the offense for which
5sentence is being imposed.

6* * *

7Section 2. This act shall take effect in 60 days.