SENATE AMENDED
PRIOR PRINTER'S NOS. 1444, 2166, 2203
PRINTER'S NO. 3608
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1216
Session of
2017
INTRODUCED BY FARRY, D. COSTA, W. KELLER, FREEMAN, MILLARD,
READSHAW, CORBIN, McNEILL, DONATUCCI, V. BROWN, DEAN,
KAUFFMAN, SOLOMON, BULLOCK, DeLUCA, SCHLOSSBERG, WARD, RYAN,
WHEELAND, MASSER, WARREN, HILL-EVANS, GILLEN, DiGIROLAMO,
DAVIS, ROZZI, RADER, SAINATO, WATSON, ELLIS, ROE, NEILSON,
KORTZ, BARBIN, DEASY, RAVENSTAHL AND DALEY, APRIL 17, 2017
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
JUNE 5, 2018
AN ACT
Amending Title TITLES 18 (CRIMES AND OFFENSES) AND 42 (Judiciary
and Judicial Procedure) of the Pennsylvania Consolidated
Statutes, IN RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES,
FURTHER PROVIDING FOR NEGLECT OF ANIMAL; AND, in particular
rights and immunities, providing for rescue from motor
vehicle.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 is amended by adding a section to read:
SECTION 1. SECTION 5532(A) OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, ADDED JUNE 28, 2017 (P.L.215, NO.10), IS
AMENDED TO READ:
§ 5532. NEGLECT OF ANIMAL.
(A) OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF THE
PERSON FAILS TO PROVIDE [ANY OF THE FOLLOWING] FOR THE BASIC
NEEDS OF EACH ANIMAL TO WHICH THE PERSON HAS A DUTY OF CARE,
WHETHER BELONGING TO HIMSELF OR OTHERWISE, INCLUDING ANY OF THE
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FOLLOWING:
(1) NECESSARY SUSTENANCE AND POTABLE WATER.
(2) ACCESS TO CLEAN AND SANITARY SHELTER AND PROTECTION
FROM THE WEATHER. THE SHELTER MUST BE SUFFICIENT TO PERMIT
THE ANIMAL TO RETAIN BODY HEAT AND KEEP THE ANIMAL DRY.
(3) NECESSARY VETERINARY CARE.
* * *
SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 8340.3. Rescue from motor vehicle.
(a) (Reserved).
(b) Rescue of dog or cat.--No law enforcement officer,
animal control officer, humane society police officer or
emergency responder, or the employer of a law enforcement
officer, humane society police officer or emergency responder,
shall be liable for damage to a motor vehicle or the contents
thereof caused by entry into the motor vehicle for the purpose
of removing a dog or cat, if the law enforcement officer, humane
society police officer or emergency responder DOES ALL OF THE
FOLLOWING :
(1) Has a good-faith, reasonable belief that the dog or
cat is in imminent danger of suffering harm if not
immediately removed from the motor vehicle.
(2) Makes a reasonable effort to locate the driver of
the motor vehicle prior to entry.
(3) Takes reasonable steps to ensure or restore the
well-being of the dog or cat.
(4) Uses no more force than necessary under the
circumstances to enter the motor vehicle.
(5) Leaves notice on or in the motor vehicle stating the
reason entry was made, the name of the person and of the
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person's employer, a telephone number and, if possible, the
location where the dog or cat may be retrieved.
(c) Limitation.--A person shall not be immune from civil
liability for damage resulting from the entry if the person's
actions constitute gross negligence, recklessness or willful or
wanton misconduct.
Section 2 3. This act shall take effect in 60 days.
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