PRINTER'S NO. 3348
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2722
Session of
2022
INTRODUCED BY CRUZ, SCHLOSSBERG, McNEILL, HILL-EVANS, HOWARD,
PARKER, D. WILLIAMS AND HOHENSTEIN, JUNE 30, 2022
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 30, 2022
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. § 9799.84 (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. § 9799.84(b); or
(2) provide accurate information when registering under
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42 Pa.C.S. § 9799.84.
(b) Grading.--
(1) Except as set forth in paragraph (2), an individual
subject to registration under 42 Pa.C.S. § 9799.84 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. § 9799.84 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. § 9799.83 (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 J
REGISTRATION OF ANIMAL ABUSE OFFENDERS
Sec.
9799.81. Definitions.
9799.82. Legislative findings.
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9799.83. Animal abuse registries.
9799.84. Registration requirements.
9799.85. Immunity for good faith conduct.
9799.86. Civil liability for information misuse.
§ 9799.81. 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
9799.84 (relating to registration requirements).
"Repeat offender." An individual required to register under
section 9799.84.
"State correctional institution." The term shall have the
meaning given to it in 61 Pa.C.S. § 102.
§ 9799.82. 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
available to the public through the Internet, by telephone,
through written access and in person. Knowledge of the identity
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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.
§ 9799.83. 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 9799.84(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.
(2) The Pennsylvania State Police shall establish and
maintain a central registry of offenders and repeat offenders
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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.
§ 9799.84. Registration requirements.
(a) Individuals required to register.--
(1) The following individuals shall be required to
register with the county sheriff for the county in which the
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 animal).
(B) 18 Pa.C.S. § 5543 (relating to animal
fighting).
(C) 18 Pa.C.S. § 5548 (relating to police
animals).
(D) 18 Pa.C.S. § 5549 (relating to assault with
a biological agent on animal, fowl or honey bees).
(E) Any other felony violation of a law
protecting animal welfare.
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(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
offender's previous location within this Commonwealth shall
reregister with the county sheriff for the county in which
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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) at the time of registration renewal.
(c) Information required.--
(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.
(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
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offender or repeat offender.
(C) A full set of fingerprints of the 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
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.
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(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 the
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.
§ 9799.85. 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.
§ 9799.86. Civil liability for information misuse.
If an individual or a group of individuals is engaged in a
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
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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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