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PRINTER'S NO. 1149
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
996
Session of
2019
INTRODUCED BY SHUSTERMAN, DONATUCCI, ISAACSON, McNEILL, BROOKS,
SAMUELSON, BRIGGS, HOWARD, HARRIS, KRUEGER, T. DAVIS,
SANCHEZ, RABB, McCLINTON, SAPPEY, VITALI, RAVENSTAHL,
COMITTA, MULLINS, SOLOMON, NEILSON, FRANKEL, WARREN, CARROLL,
FIEDLER, BOYLE, HOHENSTEIN, HILL-EVANS, O'MARA, BRADFORD AND
ROEBUCK, APRIL 2, 2019
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 2, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in offenses against public order and
decency, further providing for the offense of transporting
animals in cruel manner.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5538 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 5538. Transporting animals in cruel manner.
(a) Offense defined.--A person commits a summary offense if
the person [carries,] does any of the following:
(1) Carries, or causes or allows to be carried, in or
upon any cart or other vehicle whatsoever an animal in a
cruel or inhumane manner.
(2) For the purpose of a performance, transports a
performance animal in a mobile or traveling housing facility
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for the purpose of participation in a traveling animal act.
(a.1) Custody.--The person taking the offender into custody
may take charge of the animal and of the vehicle and the
vehicle's contents, and deposit the same in a safe place of
custody, and the necessary expenses that may be incurred for
taking charge of and keeping the same, and sustaining the
animal, shall be a lien thereon, to be paid before the same can
lawfully be recovered, or the expenses or any part thereof
remaining unpaid may be recovered by the person incurring the
same from the owner of the animal in an action therefor.
(b) Exception.--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.
(c) 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:
" Mobile or traveling housing facility." A transporting
vehicle such as a truck, trailer or railway car, used to
transport or house a performance animal while traveling for a
performance.
"Performance." An exhibition, public showing, presentation,
display, exposition, fair, animal act, circus, ride, trade show,
petting zoo, carnival, parade, race or other similar event in
which a performance animal is required to perform tricks, give
rides or participate as accompaniments for entertainment,
amusement or the benefit of a live audience. The term does not
include a performance that takes place at a nonmobile, permanent
institution or other fixed facility if the performance animal is
not transported to the location for the purpose of a
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performance.
"Performance animal." Any of the following:
(1) Bear.
(2) Cheetah.
(3) Clouded leopard.
(4) Cougar.
(5) Elephant.
(6) Giraffe.
(7) Grey or red kangaroo.
(8) Hippopotamus.
(9) Jaguar.
(10) Leopard.
(11) Lion.
(12) Nonhuman primate.
(13) Rhinoceros.
(14) Sea lion.
(15) Seal.
(16) Shark.
(17) Tapir.
(18) Tiger.
(19) Zebra.
"Traveling animal act." A performance of a performance
animal for which an animal is transported to, from or between
locations for the purpose of a performance in a mobile or
traveling animal housing facility.
Section 2. This act shall take effect in 60 days.
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