Regular Session 2017-2018 House Bill 1647 P.N. 2206

PRINTER'S NO. 2206

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1647

Session of

2017

INTRODUCED BY CRUZ, YOUNGBLOOD, DONATUCCI, SCHLOSSBERG, THOMAS,

PASHINSKI, JAMES, MILLARD, ROEBUCK, VAZQUEZ, P. COSTA,

SAINATO, KINSEY, RADER, MADDEN, ROZZI, SCHWEYER, W. KELLER,

D. COSTA, FABRIZIO, HILL-EVANS, KAVULICH, KORTZ AND WATSON,

JULY 7, 2017

REFERRED TO COMMITTEE ON JUDICIARY, JULY 7, 2017

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 offense of failure to comply with animal abuse

registration requirements; in other offenses, providing for

the offense of illegal use of animal abuse registry

information; and, in sentencing, providing for registration

of animal abuse offenders.

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. § 9799.54 (relating to

registration requirements) commits an offense if he knowingly

fails to:

(1) register or reregister with the county sheriff as

required under 42 Pa.C.S. § 9799.54(b); or

(2) provide accurate information when registering under

42 Pa.C.S. § 9799.54.

(b) Grading.--

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

subject to registration under 42 Pa.C.S. § 9799.54 who

commits a violation of subsection (a) or a similar offense

commits a felony of the third degree.

(2) An individual subject to registration under 42

Pa.C.S. § 9799.54 who commits a violation of subsection (a)

and who has previously been convicted of an offense under

subsection (a) or a similar offense commits a felony of the

second degree.

§ 7518. Illegal use of animal abuse registry information.

(a) Offense defined.--A person who uses information obtained

from the local animal abuse registry or the central animal abuse

registry established under 42 Pa.C.S. § 9799.53 (relating to

animal abuse registries) 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. Chapter 97 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER H.1

REGISTRATION OF ANIMAL ABUSE OFFENDERS

Sec.

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9799.51. Definitions.

9799.52. Legislative findings.

9799.53. Animal abuse registries.

9799.54. Registration requirements.

9799.55. Immunity for good faith conduct.

9799.56. Civil liability for information misuse.

§ 9799.51. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Correctional institution." A State correctional institution

or county 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).

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

city, borough, incorporated town or township.

"Offender." An individual required to register under section

9799.54 (relating to registration requirements).

"Repeat offender." An individual required to register under

section 9799.54.

"State correctional institution." The term shall have the

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

§ 9799.52. Legislative findings.

It is 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

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available to the public through the Internet, by telephone,

through written access and in person. Knowledge of the identity

of offenders or repeat offenders can be a significant factor in

protecting pets and animals from recidivist acts. 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. 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.

§ 9799.53. Animal abuse registries.

The following apply:

(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:

(i) Forward all registration information obtained

under section 9799.54(c) (relating to registration

requirements) to the Pennsylvania State Police.

(ii) Within 10 days of receipt of an initial

registration from an offender or repeat offender, contact

and provide all county residences, schools, humane

societies, animal shelters and any other business within

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

residence or location with the registration information

of the offender or repeat offender, except for the

offender's or repeat offender's Social Security number.

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(2) The Pennsylvania State Police shall establish and

maintain a central registry of offenders and repeat offenders

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 a publicly accessible Internet website, by telephone,

through 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 seven-year period that an offender is required to be

registered. Records of each registration shall be maintained

during the periods that a repeat offender is required to be

registered.

§ 9799.54. Registration requirements.

(a) Individuals required to register.--

(1) The following individuals shall be required to

individual is located for seven years following conviction:

(i) Individuals convicted of any of the following

offenses:

(A) 18 Pa.C.S. § 5534 (relating to aggravated

cruelty to animals).

(B) 18 Pa.C.S. § 5543 (relating to animal

fighting).

animals).

(D) 18 Pa.C.S. § 5549 (relating to assault with

a biological agent on animal, fowl or honey bees).

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(E) Any other felony violation of a law

protecting animal welfare.

(ii) Individuals convicted of an attempt to commit

an offense listed under subparagraph (i).

(iii) Individuals currently residing in this

Commonwealth who have been convicted of an offense

similar to an offense under 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 convicted of two of the offenses under

paragraph (1)(i) shall be required to register for 15 years

following the conviction.

(3) An individual convicted of three or more of the

offenses under paragraph (1)(i) shall be subject to lifetime

registration.

(b) Registration.--The following apply:

(1) 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 subsection (a)(1)(i) and who is located within

the boundaries of this Commonwealth for more than 10

consecutive days, shall register with the county sheriff for

the county in which the offender or repeat offender is

located before the end of the 11th day of residence in this

Commonwealth.

(2) An offender or repeat offender who is currently

registered in the county of the offender's or repeat

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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.

(3) Following the initial registration under this

subsection, an offender and a repeat offender shall annually

renew the registration with the county sheriff prior to

December 31 of each subsequent calendar year. The offender or

repeat offender shall provide updated information required

under subsection (c)(1) and (2) at the time of registration

renewal.

(1) An offender or repeat offender shall provide the

county sheriff with the following information for entry in

the animal abuse registry:

(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

where the offender or repeat offender is registered under

this section.

(2) (i) The county sheriff shall obtain the following:

(A) A photograph of the offender or repeat

offender.

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(B) 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.

or repeat offender.

(ii) Fingerprints and photographs obtained under

this paragraph may be maintained for use under this

subchapter and for general law enforcement purposes.

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

shall inform offenders and repeat offenders at the time of

sentencing of the provisions of this subchapter. The court

shall:

(1) Inform the offender or repeat offender of the duty

to register and provide the information required for

registration.

(2) 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

(iii) changes institution or location at which the

offender or repeat offender is enrolled as a student or

terminates enrollment.

(3) Inform the offender or repeat offender of the duty

to register with a new law enforcement agency if the offender

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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) 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.

If 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.

§ 9799.55. Immunity for good faith conduct.

The following entities shall be immune from liability for

good faith conduct under this subchapter:

(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.

§ 9799.56. Civil liability for information misuse.

If an individual or a group of individuals is engaged in a

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pattern or practice of misuse of information in violation of 18

Pa.C.S. § 7518 (relating to illegal use of animal abuse registry

information) that was obtained from the central animal abuse

registry or local animal abuse registry, or both, an individual

aggrieved by the misuse may, in any court of competent

jurisdiction, obtain appropriate relief, including injunctive

relief.

Section 3. This act shall take effect in 90 days.

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