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PRINTER'S NO. 308
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
308
Session of
2017
INTRODUCED BY D. COSTA, DAVIS, SCHLOSSBERG, DRISCOLL, DONATUCCI,
LONGIETTI, W. KELLER, MATZIE, O'BRIEN, MURT, MILLARD,
GOODMAN, V. BROWN, A. HARRIS, RADER, KAVULICH, MULLERY,
McNEILL, WATSON, DeLUCA, READSHAW, FREEMAN, KORTZ, DEASY,
BIZZARRO AND NEILSON, FEBRUARY 3, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 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.
This act shall be referred to as Angel's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(a), (b), (c), (d), (e), (e.1), (f),
(g), (h), (k), (m.1) and (n) of Title 18 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 5511. Cruelty to animals.
(a) Killing, maiming or poisoning domestic animals or zoo
animals, etc.--
(1) A person commits [a misdemeanor of the second
degree] an offense if he willfully and maliciously:
(i) Kills, maims or disfigures any domestic animal
of another person or any domestic fowl of another person.
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(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any domestic animal of another person or domestic fowl of
another person.
(iii) Harasses, annoys, injures, attempts to injure,
molests or interferes with 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.
Any person convicted of violating the provisions of this
paragraph shall be sentenced to pay a fine of not less than
$500.
(1.1) (i) Except as provided in subparagraph (ii), a
person convicted of violating paragraph (1) commits a
misdemeanor of the first degree.
(ii) A person convicted for a second or subsequent
time of violating paragraph (1)(i) commits a felony of
the third degree.
(2) A person commits a felony of the third degree if he
willfully and maliciously:
(i) Kills, maims or disfigures any zoo animal in
captivity.
(ii) Administers poison to or exposes any poisonous
substance with the intent to administer such poison to
any zoo animal in captivity.
(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, whether belonging to
himself or otherwise. If a person kills, maims,
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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, whether belonging to
himself or otherwise.
(ii) [Any] (A) Except as otherwise provided in
clause (B), 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.
(B) A second or 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 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.
(3) This subsection shall not apply to:
(i) the killing of any animal taken or found in the
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act of actually destroying any domestic animal or
domestic fowl;
(ii) the killing of any animal or fowl pursuant to
the act of June 3, 1937 (P.L.1225, No.316), known as The
Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
dogs public nuisances) and 2385 (relating to destruction
of dogs declared public nuisances), or the regulations
promulgated thereunder; or
(iii) such reasonable activity as may be undertaken
in connection with vermin control or pest control.
* * *
(b) Regulating certain actions concerning fowl or rabbits.--
A person commits a [summary offense] misdemeanor of the third
degree if he sells, offers for sale, barters, or gives away baby
chickens, ducklings, or other fowl, under one month of age, or
rabbits under two months of age, as pets, toys, premiums or
novelties or if he colors, dyes, stains or otherwise changes the
natural color of baby chickens, ducklings or other fowl, or
rabbits or if he brings or transports the same into this
Commonwealth. This section shall not be construed to prohibit
the sale or display of such baby chickens, ducklings, or other
fowl, or such rabbits, in proper facilities by persons engaged
in the business of selling them for purposes of commercial
breeding and raising.
(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,
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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] misdemeanor of the third degree.
(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.
(iii) Nothing in this section shall prevent a humane
society police officer as defined in section 102 of the
act of December 7, 1982 (P.L.784, No.225), known as the
Dog Law, from charging a person who violates this
subsection for the first time.
(3) This subsection shall not apply to activity
undertaken in normal agricultural operation.
(d) Selling or using disabled horse.--A person commits a
[summary offense] misdemeanor of the third degree if he offers
for sale or sells any horse, which by reason of debility,
disease or lameness, or for other cause, could not be worked or
used without violating the laws against cruelty to animals, or
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leads, rides, drives or transports any such horse for any
purpose, except that of conveying the horse to the nearest
available appropriate facility for its humane keeping or
destruction or for medical or surgical treatment.
(e) Transporting animals in cruel manner.--
(1) A person commits a [summary offense] misdemeanor of
the third degree if he carries, or causes, or allows to be
carried in or upon any cart, or other vehicle whatsoever, any
animal in a cruel or inhumane manner.
(2) The person taking him into custody may take charge
of the animal and of any such vehicle and its contents, and
deposit the same in some safe place of custody, and any
necessary expenses which may be incurred for taking charge of
and keeping the same, and sustaining any such animal, shall
be a lien thereon, to be paid before the same can lawfully be
recovered, or the said expenses or any part thereof remaining
unpaid may be recovered by the person incurring the same from
the owner of said creature in any action therefor.
(3) For the purposes of this section, it shall not be
deemed cruel or inhumane to transport live poultry in crates
so long as not more than 15 pounds of live poultry are
allocated to each cubic foot of space in the crate.
(e.1) Transporting equine animals in cruel manner.--
(1) Notwithstanding any other provision of law, a person
commits a [summary offense] misdemeanor of the third degree
for each equine animal if the person carries, or causes or
allows to be carried, any equine animal in or upon any
conveyance or other vehicle whatsoever with two or more
levels stacked on top of one another.
(2) A person who violates this subsection on a second or
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subsequent occasion commits a misdemeanor of the [third]
second degree for each equine animal transported.
(f) Hours of labor of animals.--
(1) A person commits a [summary offense] misdemeanor of
the third degree if he leads, drives, rides or works or
causes or permits any other person to lead, drive, ride or
work any horse, mare, mule, ox, or any other animal, whether
belonging to himself or in his possession or control, for
more than 15 hours in any 24 hour period, or more than 90
hours in any one week.
(2) Nothing in this subsection [contained] shall be
construed to warrant any persons leading, driving, riding or
walking any animal a less period than 15 hours, when so doing
shall in any way violate the laws against cruelty to animals.
(g) Cruelty to cow to enhance appearance of udder.--A person
commits a [summary offense] misdemeanor of the third degree if
he kneads or beats or pads the udder of any cow, or willfully
allows it to go unmilked for a period of 24 hours or more, for
the purpose of enhancing the appearance or size of the udder of
said cow, or by a muzzle or any other device prevents its calf,
if less than six weeks old, from obtaining nourishment, and
thereby relieving the udder of said cow, for a period of 24
hours.
(h) Specific violations; prima facie evidence of
violation.--
(1) (i) A person commits a [summary offense]
misdemeanor of the third degree if the person crops,
trims or cuts off, or causes or procures to be cropped,
trimmed or cut off, the whole or part of the ear or ears
of a dog.
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(ii) The provisions of this paragraph shall not
prevent a veterinarian from cropping, trimming or cutting
off the whole or part of the ear or ears of a dog when
the dog is anesthetized and shall not prevent any person
from causing or procuring the cropping, trimming or
cutting off of a dog's ear or ears by a veterinarian.
(iii) The possession by any person of a dog with an
ear or ears cropped, trimmed or cut off and with the
wound or incision site resulting therefrom unhealed, or
any such dog being found in the charge or custody of any
person or confined upon the premises owned by or under
the control of any person, shall be prima facie evidence
of a violation of this subsection by the person except as
provided for in this subsection.
(iv) A person who procures the cropping, trimming or
cutting off of the whole or part of an ear or ears of a
dog shall record the procedure. The record shall include
the name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during
that period of time.
(2) (i) A person commits a [summary offense]
misdemeanor of the third degree if the person debarks a
dog by cutting, causing or procuring the cutting of its
vocal cords or by altering, causing or procuring the
alteration of any part of its resonance chamber.
(ii) The provisions of this paragraph shall not
prevent a veterinarian from cutting the vocal cords or
otherwise altering the resonance chamber of a dog when
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the dog is anesthetized and shall not prevent a person
from causing or procuring a debarking procedure by a
veterinarian.
(iii) The possession by any person of a dog with the
vocal cords cut or the resonance chamber otherwise
altered and with the wound or incision site resulting
therefrom unhealed, or any such dog being found in the
charge or custody of any person or confined upon the
premises owned by or under the control of any person,
shall be prima facie evidence of a violation of this
paragraph by the person, except as provided in this
paragraph.
(iv) A person who procures the cutting of vocal
cords or the alteration of the resonance chamber of a dog
shall record the procedure. The record shall include the
name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during
that period of time.
(3) (i) A person commits a [summary offense]
misdemeanor of the third degree if the person docks, cuts
off, causes or procures the docking or cutting off of the
tail of a dog over five days old.
(ii) The provisions of this paragraph shall not
prevent a veterinarian from docking, cutting off or
cropping the whole or part of the tail of a dog when the
dog is at least 12 weeks of age and the procedure is
performed using general anesthesia and shall not prevent
a person from causing or procuring the cutting off or
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docking of a tail of a dog by a veterinarian as provided
in this paragraph.
(iii) The provisions of this section shall not
prevent a veterinarian from surgically removing, docking,
cutting off or cropping the tail of a dog between five
days and 12 weeks of age if, in the veterinarian's
professional judgment, the procedure is medically
necessary for the health and welfare of the dog. If the
procedure is performed, it shall be done in accordance
with generally accepted standards of veterinary practice.
(iv) The possession by any person of a dog with a
tail cut off or docked and with the wound or incision
site resulting therefrom unhealed, or any such dog being
found in the charge or custody of any person or confined
upon the premises owned by or under the control of any
person, shall be prima facie evidence of a violation of
this paragraph by the person, except as provided in this
paragraph.
(v) A person who procures the cutting off or docking
of a tail of a dog shall record the procedure. The record
shall include the name of the attending veterinarian and
the date and location at which the procedure was
performed. The record shall be kept as long as the wound
or incision site is unhealed and shall be transferred
with the dog during that period of time.
(4) (i) A person commits a [summary offense]
misdemeanor of the third degree if the person surgically
births or causes or procures a surgical birth.
(ii) The provisions of this section shall not
prevent a veterinarian from surgically birthing a dog
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when the dog is anesthetized and shall not prevent any
person from causing or procuring a surgical birthing by a
veterinarian.
(iii) The possession by any person of a dog with a
wound or incision site resulting from a surgical birth
unhealed, or any such dog being found in the charge or
custody of any person or confined upon the premises owned
by or under the control of any person, shall be prima
facie evidence of a violation of this paragraph by the
person, except as provided in this paragraph.
(iv) A person who procures the surgical birth of a
dog shall record the procedure. The record shall include
the name of the attending veterinarian and the date and
location at which the procedure was performed. The record
shall be kept as long as the wound or incision site is
unhealed and shall be transferred with the dog during
that period of time.
(v) This paragraph shall not apply to personnel
required to comply with standards to minimize pain to an
animal set forth in section 2143(a)(3) of the Animal
Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.),
trained in accordance with section 2143(d) of the Animal
Welfare Act, who work in a federally registered research
facility required to comply with the Animal Welfare Act
under the guidance or oversight of a veterinarian.
(5) (i) A person commits a [summary offense]
misdemeanor of the third degree if the person cuts off or
causes or procures the cutting off of the dewclaw of a
dog over five days old.
(ii) The provisions of this paragraph shall not
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prevent a veterinarian from cutting the dewclaw and shall
not prevent a person from causing or procuring the
procedure by a veterinarian.
(iii) The possession by any person of a dog with the
dewclaw cut off and with the wound or incision site
resulting therefrom unhealed, or any such dog being found
in the charge or custody of any person or confined upon
the premises owned by or under the control of any person,
shall be prima facie evidence of a violation of this
paragraph by the person, except as provided in this
paragraph.
(iv) A person who procures the cutting off of the
dewclaw of a dog shall record the procedure. The record
shall include the name of the attending veterinarian and
the date and location at which the procedure was
performed. The record shall be kept as long as the wound
or incision site is unhealed and shall be transferred
with the dog during that period of time.
* * *
(k) Killing homing pigeons.--A person commits a [summary
offense] misdemeanor of the third degree if he shoots, maims or
kills any antwerp or homing pigeon, either while on flight or at
rest, or detains or entraps any such pigeon which carries the
name of its owner.
* * *
(m.1) Fine for [summary offense] misdemeanor of the third
degree.--In addition to any other penalty provided by law, a
person convicted of a [summary offense] misdemeanor of the third
degree under this section shall pay a fine of not less than $50
nor more than $750 or to imprisonment for not more than 90 days,
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or both.
* * *
(n) Skinning of and selling or buying pelts of dogs and
cats.--A person commits a [summary offense] misdemeanor of the
third degree if he skins a dog or cat or offers for sale or
exchange or offers to buy or exchange the pelt or pelts of any
dog or cat.
* * *
Section 2. This act shall take effect in 60 days.
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