Regular Session 2015-2016 Senate Bill 0527 P.N. 0485

PRINTER'S NO. 485

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

527

Session of

2015

INTRODUCED BY FARNESE, TEPLITZ, FONTANA, BREWSTER, BOSCOLA,

WARD, HUGHES, COSTA AND RAFFERTY, FEBRUARY 20, 2015

REFERRED TO JUDICIARY, FEBRUARY 20, 2015

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in falsification and intimidation, providing for

the offenses of failure to comply with animal abuse

registration requirements and of illegal use of animal abuse

registry information; in sentencing, providing for animal

abuse registry; and establishing the Animal Abuse Registry

Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding sections to read:

§ 4916. Failure to comply with animal abuse registration

requirements.

(a) Offense defined.--An individual who is subject to

registration under 42 Pa.C.S. § 9778(a) (relating to animal

abuse registry) commits an offense if he knowingly fails to:

(1) register or reregister with the county sheriff as

required under 42 Pa.C.S. § 9778(a); or

(2) provide accurate information when registering under

42 Pa.C.S. § 9778.

(b) Grading.--

(1) Except as set forth in paragraph (2), an individual

subject to registration under 42 Pa.C.S. § 9778(a) who

commits a violation of subsection (a)(1) or (2) or a similar

offense commits a felony of the third degree.

(2) An individual subject to registration under 42

Pa.C.S. § 9778(a) who commits a violation of subsection (a)

(1) or (2) and who has previously been convicted of an

offense under subsection (a)(1) or (2) or a similar offense

commits a felony of the second degree.

§ 7518. Illegal use of animal abuse registry information.

(a) Offense defined.--Any individual who uses information

obtained from the local animal abuse registry or the central

animal abuse registry established under 42 Pa.C.S. § 9778

(relating to animal abuse registry) to commit an offense under

this title commits an offense under this section.

(b) Grading.--

(1) An individual who commits a violation of subsection

(a) commits a misdemeanor of the third degree.

(2) An individual who commits a second or subsequent

violation of subsection (a) commits a misdemeanor of the

second degree.

Section 2. Title 42 is amended by adding a section to read:

§ 9778. Animal abuse registry.

(a) Registration required.--

(1) The following individuals shall be required to

individual is located for 10 years following the conviction:

(i) Individuals convicted of any of the following

offenses:

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(A) 18 Pa.C.S. § 5511(a) (relating to cruelty to

animals).

(B) a second or subsequent conviction under 18

Pa.C.S. § 5511(c).

(D) 18 Pa.C.S. § 5511.2 (relating to police

animals).

(E) 18 Pa.C.S. § 5511.3 (relating to assault

with a biological agent on animal, fowl or honey

bees).

(F) Any other felony violation of a law

protecting animal welfare.

(ii) Individuals convicted of an attempt to commit

any of the offenses listed in subparagraph (i).

(iii) Individuals currently residing in this

Commonwealth who have been convicted of offenses similar

to the crimes cited in subparagraphs (i) and (ii), under

the laws of the United States or one of its territories

or possessions, another state, the District of Columbia,

the Commonwealth of Puerto Rico or a foreign nation.

(2) An individual with two or more convictions of any of

the offenses set forth in this subsection shall be subject to

lifetime registration.

(3) (i) An offender or repeat offender, following

release from incarceration, upon parole from a

correctional institution or upon commencement of

intermediate punishment or probation that results from a

conviction for an offense listed under paragraph (1)(i),

and who is located within the boundaries of this

Commonwealth for more than 10 consecutive days, shall

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the offender or repeat offender is located before the end

of the 11th day.

(ii) An offender or repeat offender who is currently

registered in the county of the offender's previous

location within this Commonwealth shall reregister with

the county sheriff for the county in which the offender

or repeat offender is now located no later than 10 days

after moving to the new location in this Commonwealth.

(4) (i) Following the initial registration under this

section, an offender shall annually renew the

registration with the county sheriff prior to December 31

of each subsequent calendar year for a period of 10

years.

(ii) Following the initial registration under this

section, a repeat offender shall annually renew the

registration with the county sheriff prior to December 31

of each subsequent calendar year.

(b) Information required.--

(1) The offender or repeat offender shall provide the

county sheriff with the following information:

(i) Legal name and any other names or aliases that

the offender or repeat offender uses or has used.

(ii) Date of birth.

(iii) Social Security number.

(iv) Current address or location.

(v) Place of employment.

(vi) The offense the offender or repeat offender was

convicted of and the date and location of the offense.

(vii) The county or counties in this Commonwealth

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where the offender or repeat offender is registered under

this section.

(2) The county sheriff shall obtain the following from

the offender or repeat offender:

(i) A photograph of the offender or repeat offender

and a complete set of the offender's or repeat offender's

fingerprints.

(ii) A description of any tattoos, scars or other

distinguishing features on the offender's or repeat

offender's body that would assist in identifying the

offender or repeat offender.

(3) For registration renewal, the offender or repeat

offender shall provide updated information for the required

information contained in paragraphs (1) and (2).

(1) In addition to any fines, fees or penalties levied

or imposed as provided by law, each offender and repeat

offender shall pay an annual registration fee of $50 when

registering with the county sheriff.

(2) The county sheriff shall remit the fees collected

under paragraph (1) to the State Treasurer for deposit into

the fund.

(d) Central and local registries.--

(1) The county sheriff shall establish and maintain a

local registry of offenders and repeat offenders in the

sheriff's jurisdiction to be known as the local animal abuse

registry. The county sheriff shall be responsible for the

following:

(i) Forwarding all registration information to the

Pennsylvania State Police.

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(ii) Within 10 days of receipt of an initial

registration from an offender or repeat offender for the

offender's or repeat offender's current place of

residence, contacting every residence, school, humane

society, animal shelter and any other business within a

half-mile radius of the offender's or repeat offender's

residence or location and providing them with the

registration information of the offender or repeat

offender except for the Social Security number.

(2) The Pennsylvania State Police shall establish and

maintain a central registry of offenders and repeat offenders

required to register under this section to be known as the

central animal abuse registry. Information contained in the

central animal abuse registry of offenders and repeat

offenders shall be made available to the public through the

Internet, by telephone and written access and in person. All

of the information contained in an offender's or repeat

offender's registration, with the exception of the Social

Security number or any other information protected by law,

shall be made available to the public. Records of each

registration shall be maintained for the 10-year period that

an offender is required to be registered. Records of each

registration shall be maintained during the period that a

repeat offender is required to be registered.

(3) (i) It is hereby declared to be the finding of the

General Assembly that the health and safety of animals

that are at risk of abuse will be enhanced by making

information about offenders and repeat offenders

available to the public through the Internet, by

telephone and written access and in person. Knowledge of

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whether a certain person is an offender or repeat

offender can be a significant factor in protecting pets

and animals from recidivist acts by offenders and repeat

offenders. The technology afforded by the Internet would

make this information readily accessible to the public,

enabling them to undertake appropriate remedial

precautions. Public access to information about offenders

and repeat offenders is intended solely as a means of

protection for the pets and animals of the public that

are at risk of abuse and shall not be construed as

punitive.

(ii) An individual is authorized to use the

information contained in the central animal abuse

registry and the local animal abuse registry for

protecting animals at risk of abuse.

(e) Sentencing court information.--The sentencing court

shall inform offenders and repeat offenders at the time of

sentencing of the provisions of this section. The court shall:

(1) Specifically inform the offender or repeat offender

of the duty to register and provide the information required

for registration.

(2) Specifically inform the offender or repeat offender

of the duty to inform the county sheriff within 10 days if

the offender or repeat offender does the following:

(i) changes residence or establishes an additional

residence or residences;

(ii) changes employer or employment location for a

period of time that exceeds 14 days or for an aggregate

period of time that will exceed 30 days during any

calendar year or terminates employment; or

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(iii) changes institution or location at which the

offender or repeat offender is enrolled as a student or

terminates enrollment.

(3) Specifically inform the offender or repeat offender

of the duty to register with a new law enforcement agency if

the offender or repeat offender moves to another state no

later than 10 days after establishing residence in another

state and if the state requires such registration.

(4) Specifically inform the offender or repeat offender

of the duty to register with the appropriate authorities in

any state in which the offender or repeat offender is

employed, carries on a vocation or is a student if the state

requires such registration.

(5) Require the offender or repeat offender to read and

sign a form stating that the duty to register under this

section has been provided in writing and has been explained.

Where the offender or repeat offender is incapable of

reading, the court shall certify the duty to register was

explained to the offender or repeat offender and the offender

or repeat offender indicated an understanding of the duty.

(f) Animal Abuse Registry Fund.--

(1) The Animal Abuse Registry Fund is established in the

State Treasury as a restricted account and shall be used

exclusively for funding the administration of this section by

county sheriffs and the Pennsylvania State Police.

(2) Up to 65% of the money in the fund shall be payable

to a county to fund the county sheriff's establishment and

administration of the local animal abuse registry pursuant to

subsection (d)(1).

(3) Up to 35% of the money in the fund shall be payable

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to the Pennsylvania State Police to fund its establishment

and administration of the central animal abuse registry

pursuant to subsection (d)(2).

(g) Immunity for good faith conduct.--The following entities

shall be immune from liability for good faith conduct under this

section:

(1) The Pennsylvania State Police and local law

enforcement agencies and employees of law enforcement

agencies.

(2) Sheriffs, deputy sheriffs and employees of the

office of sheriff of a county .

(3) District attorneys and their agents and employees.

(4) The Pennsylvania Department of Corrections and its

agents and employees.

(5) County correctional facilities and their agents and

employees.

(h) Photographs and fingerprinting.--An individual subject

to subsection (a)(1) or (2) shall submit to photographing and

fingerprinting as required by this section at locations

designated by the county sheriff. Fingerprinting as required by

this section shall, at a minimum, require submission of a full

set of fingerprints. Photographing as required by this section

shall, at a minimum, require submission to photographs of the

face and any tattoos, scars or other distinguishing features on

the offender's or repeat offender's body that would assist in

identifying the individual. Fingerprints and photographs

obtained under this section may be maintained for use under this

section and for general law enforcement purposes.

(i) Civil liability for information misuse.--When an

individual or a group of individuals is engaged in a pattern or

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practice of misuse of information in violation of subsection (d)

(3) that was obtained from the central animal abuse registry or

local animal abuse registry, or both, any individual aggrieved

by the misuse may, in any court of competent jurisdiction,

obtain appropriate relief, including injunctive relief.

(j) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Correctional institution." A State correctional institution

or local correctional facility located in this Commonwealth or

an equivalent correctional institution owned or operated by the

United States or one of its territories, another state, the

Commonwealth of Puerto Rico or a foreign nation.

"County correctional institution." The term shall have the

meaning given to it in 61 Pa.C.S. § 102 (relating to

definitions).

"Fund." The Animal Abuse Registry Fund established under

this section.

"Local law enforcement agency." A police department of a

city, borough, incorporated town or township.

"Offender." An individual required to register under

subsection (a)(1).

"Repeat offender." An individual required to register under

subsection (a)(2).

"State correctional institution." The term shall have the

meaning given to it in 61 Pa.C.S. § 102 (relating to

definitions).

Section 3. This act shall take effect in 60 days.

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