PRINTER'S NO. 443
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
294
Session of
2015
INTRODUCED BY EICHELBERGER, WOZNIAK, FONTANA, TARTAGLIONE,
COSTA, VULAKOVICH, YUDICHAK, RAFFERTY AND BROWNE,
FEBRUARY 17, 2015
REFERRED TO JUDICIARY, FEBRUARY 17, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses) and 22 (Detectives and
Private Police) of the Pennsylvania Consolidated Statutes, in
riot, disorderly conduct and related offenses, further
providing for the offense of cruelty to animals; and, in
humane society police officers, further providing for Humane
Society Police Officer Advisory Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(a)(2.1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
animals, etc.--
* * *
(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 or equine animal,
whether belonging to himself or otherwise. [If a
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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 or equine animal,
whether belonging to himself or otherwise.
(ii) 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. A 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 or equine
animal 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.
(iv) If a person kills, maims, mutilates, tortures
or disfigures a guide dog for an individual who is blind,
a hearing dog for an individual who is deaf or audibly
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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.
(v) For purposes of this paragraph, "torture" shall
include any of the following, unless directed to be
performed by a licensed veterinarian:
(A) breaking, severing or severely impairing
limbs;
(B) inflicting severe and prolonged pain from
burning, crushing or wounding; or
(C) causing or allowing, through prolonged
deprivation of food or sustenance, a substantial loss
in the animal's appropriate body mass without
veterinary care.
* * *
Section 2. Section 3715 of Title 22 is amended by adding a
subsection to read:
§ 3715. Humane Society Police Officer Advisory Board.
* * *
(g) Development of guidelines.--On or before December 31,
2016, the board shall develop guidelines to assist humane
society police officers, law enforcement officers, the courts
and the department in the implementation and enforcement of both
this chapter and 18 Pa.C.S. § 5511 (relating to cruelty to
animals). The guidelines shall, at a minimum, include the
development of objective standards for use in determining the
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existence of:
(1) torture and other violations of 18 Pa.C.S. § 5511;
and
(2) the necessary probable cause to support seizure or
impoundment of animals.
Section 3. This act shall take effect in 60 days.
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