PRINTER'S NO. 208
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
246
Session of
2017
INTRODUCED BY SAINATO, W. KELLER, MILLARD, O'BRIEN, DRISCOLL,
LONGIETTI, WATSON, BIZZARRO, MURT, A. HARRIS, READSHAW,
GOODMAN, DeLUCA, FREEMAN, DEASY AND D. COSTA,
JANUARY 31, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2017
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)(2.1)(i), (c) and (q) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
ยง 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]:
(A) Willfully and maliciously:
[(A)] (I) Kills, maims, mutilates, tortures
or disfigures any dog or cat, whether belonging
to himself or otherwise. If a person kills,
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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)] (II) 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.
(B) Commits a violation of subsection (c)(1)
that results in the death of the cat or dog.
* * *
(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.
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(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.] A person
commits aggravated cruelty to animals when, with no
justifiable purpose, he intentionally kills or intentionally
causes serious physical injury to a companion animal with
aggravated cruelty.
(4) A person convicted of violating paragraph (3)
commits a misdemeanor of the first degree.
(5) Nothing contained in this section shall be construed
to prohibit activity undertaken in normal agricultural
operation or interfere in any way with anyone lawfully
engaged in hunting, trapping or fishing, the dispatch of
rabid or diseased animals or the dispatch of animals posing a
threat to human safety or other animals, where such action is
otherwise legally authorized.
* * *
(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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"Aggravated cruelty." Conduct which:
(1) is intended to cause extreme physical pain; or
(2) is done or carried out in an especially depraved or
sadistic manner.
"Animal fighting." Fighting or baiting any bull, bear, dog,
cock or other creature.
"Animal fighting paraphernalia." Any device, implement,
object 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.
"Audibly impaired." The inability to hear air conduction
thresholds at an average of 40 decibels or greater in the better
ear.
"Blind." Having a visual acuity of 20/200 or less in the
better eye with correction or having a limitation of the field
of vision such that the widest diameter of the visual field
subtends an angular distance not greater than 20 degrees.
"Conveyance." A truck, tractor, trailer or semitrailer, or
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any combination of these, propelled or drawn by mechanical
power.
"Deaf." Totally impaired hearing or hearing with or without
amplification which is so seriously impaired that the primary
means of receiving spoken language is through other sensory
input, including, but not limited to, lip reading, sign
language, finger spelling or reading.
"Domestic animal." Any dog, cat, equine animal, bovine
animal, sheep, goat or porcine animal.
"Domestic fowl." Any avis raised for food, hobby or sport.
"Equine animal." Any member of the Equidae family, which
includes horses, asses, mules, ponies and zebras.
"Normal agricultural operation." Normal activities,
practices and procedures that farmers adopt, use or engage in
year after year in the production and preparation for market of
poultry, livestock and their products in the production and
harvesting of agricultural, agronomic, horticultural,
silvicultural and aquicultural crops and commodities.
"Physically limited." Having limited ambulation, including,
but not limited to, a temporary or permanent impairment or
condition that causes an individual to use a wheelchair or walk
with difficulty or insecurity, affects sight or hearing to the
extent that an individual is insecure or exposed to danger,
causes faulty coordination or reduces mobility, flexibility,
coordination or perceptiveness.
"Zoo animal." Any member of the class of mammalia, aves,
amphibia or reptilia which is kept in a confined area by a
public body or private individual for purposes of observation by
the general public.
Section 2. This act shall take effect in 60 days.
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