PRIOR PRINTER'S NO. 259
PRINTER'S NO. 664
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
164
Session of
2015
INTRODUCED BY STEPHENS, HARKINS, RAVENSTAHL, KOTIK, SCHLOSSBERG,
O'NEILL, O'BRIEN, JAMES, SCHWEYER, WATSON, KILLION, FARRY,
BOBACK, MATZIE, HARPER, CONKLIN, SANTARSIERO, COHEN, TAYLOR,
HARHAI, DAVIS, DEASY, KORTZ, CARROLL, LONGIETTI, SNYDER,
MURT, FRANKEL, BAKER, KAUFFMAN, D. MILLER, A. HARRIS,
SAINATO, MAHER, DiGIROLAMO, GOODMAN, D. COSTA, QUINN, GRELL,
GINGRICH, M. K. KELLER, MACKENZIE, PICKETT, READSHAW,
GIBBONS, HACKETT, GILLEN, GILLESPIE, DEAN, TOBASH, McCARTER,
SAMUELSON, SIMMONS AND TOEPEL, FEBRUARY 2, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 24, 2015
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(q) of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition and the
section is amended by adding a subsection to read:
SECTION 1. SECTION 5511(J) OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED, SUBSECTION (Q) IS AMENDED BY
ADDING A DEFINITION AND THE SECTION IS AMENDED BY ADDING A
SUBSECTION TO READ:
ยง 5511. Cruelty to animals.
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(h.2) Possession of animal fighting paraphernalia.-- In
addition to any other penalty provided by law, a person commits
a misdemeanor of the third degree if he knowingly owns or
possesses animal fighting paraphernalia.
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(J) SEIZURE OF ANIMALS KEPT OR USED FOR ANIMAL FIGHTING.--
ANY POLICE OFFICER OR AGENT OF A SOCIETY OR ASSOCIATION FOR THE
PREVENTION OF CRUELTY TO ANIMALS INCORPORATED UNDER THE LAWS OF
THIS COMMONWEALTH, SHALL HAVE POWER TO SEIZE ANY ANIMAL KEPT,
USED, OR INTENDED TO BE USED FOR ANIMAL FIGHTING. WHEN THE
SEIZURE IS MADE, THE ANIMAL OR ANIMALS SO SEIZED SHALL NOT BE
DEEMED ABSOLUTELY FORFEITED, BUT SHALL BE HELD BY THE OFFICER OR
AGENT SEIZING THE SAME UNTIL A CONVICTION OF SOME PERSON IS
FIRST OBTAINED FOR A VIOLATION OF SUBSECTION (H.1) OR FORFEITURE
IS OBTAINED UNDER THE ACT OF JULY 9, 2013 (P.L.263, NO.50),
KNOWN AS THE COSTS OF CARE OF SEIZED ANIMALS ACT. THE OFFICER OR
AGENT MAKING SUCH SEIZURE SHALL MAKE DUE RETURN TO THE ISSUING
AUTHORITY, OF THE NUMBER AND KIND OF ANIMALS OR CREATURES SO
SEIZED BY HIM. WHERE AN ANIMAL IS THUS SEIZED, THE POLICE
OFFICER OR AGENT IS AUTHORIZED TO PROVIDE SUCH CARE AS IS
REASONABLY NECESSARY, AND WHERE ANY ANIMAL THUS SEIZED IS FOUND
TO BE DISABLED, INJURED OR DISEASED BEYOND REASONABLE HOPE OF
RECOVERY, THE POLICE OFFICER OR AGENT IS AUTHORIZED TO PROVIDE
FOR THE HUMANE DESTRUCTION OF THE ANIMAL. IN ADDITION TO ANY
OTHER PENALTY PROVIDED BY LAW, THE AUTHORITY IMPOSING SENTENCE
UPON A CONVICTION FOR ANY VIOLATION OF SUBSECTION (H.1) SHALL
ORDER THE FORFEITURE OR SURRENDER OF ANY ABUSED, NEGLECTED OR
DEPRIVED ANIMAL OF THE DEFENDANT TO ANY SOCIETY OR ASSOCIATION
FOR THE PREVENTION OF CRUELTY TO ANIMALS DULY INCORPORATED UNDER
THE LAWS OF THIS COMMONWEALTH AND SHALL REQUIRE THAT THE OWNER
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PAY THE COST OF THE KEEPING, CARE AND DESTRUCTION OF THE ANIMAL.
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(q) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
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"Animal fighting paraphernalia." Any device, implement,
object, facility, space or drug used, or intended to be used,
for animal fighting, to train an animal for animal fighting or
in furtherance of animal fighting. In determining whether an
object is animal fighting paraphernalia, a court or other
authority should consider statements by an owner or by anyone in
control of the object concerning its use, any prior convictions
under Federal or State law relating to animal fighting, the
proximity of the object in time and space to the direct
violation of this section, direct or circumstantial evidence of
the intent of the accused to deliver the object to persons whom
he or she knows or should reasonably know intends to use the
object to facilitate a violation of this section, oral or
written instructions provided with or in the vicinity of the
object concerning its use, descriptive materials accompanying
the object which explain or depict its use and all other
logically relevant factors.
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Section 2. This act shall take effect in 60 days.
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