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A01370
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
940
Session of
2021
INTRODUCED BY RIGBY, E. NELSON, KNOWLES, RYAN, KULIK, JAMES,
SMITH, GUENST, POLINCHOCK, SCHMITT, THOMAS, SANKEY, SILVIS,
FARRY, KAIL, KAUFFMAN, STRUZZI, SCHLEGEL CULVER, DAVANZO,
DRISCOLL, JOZWIAK, HERSHEY, CAUSER, GREGORY, ECKER,
OBERLANDER, MOUL, ZIMMERMAN, WHEELAND, MERCURI AND MASSER,
MARCH 17, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in burglary and other criminal
intrusion, further providing for definitions, for the offense
of burglary and for the offense of criminal trespass; and, in
cruelty to animals, further providing for police animals.
This act may be referred to as Titan's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5548 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
Section 1. Section 3501 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 3501. Definitions.
Subject to additional definitions contained in subsequent
provisions of this chapter which are applicable to specific
provisions of this chapter, the following words or phrases when
used in this chapter shall have, unless the context clearly
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indicates otherwise, the meanings given to them in this section:
"Domestic animal." As defined in section 5531 (relating to
definitions).
* * *
Section 2. Sections 3502 and 3503 of Title 18 are amended by
adding subsections to read:
§ 3502. Burglary.
* * *
(d.1) Sentencing enhancement.--The Pennsylvania Commission
on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to
adoption of guidelines for sentencing), shall provide for a
sentencing enhancement for courts to consider in cases involving
burglary where a domestic animal is harmed or killed in the
course of the burglary.
* * *
§ 3503. Criminal trespass.
* * *
(c.1) Sentencing enhancement.--The Pennsylvania Commission
on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to
adoption of guidelines for sentencing), shall provide for a
sentencing enhancement for courts to consider in cases involving
criminal trespass where a domestic animal is harmed or killed in
the course of the criminal trespass.
* * *
Section 3. Section 5548 of Title 18 is amended to read:
§ 5548. Police animals.
(a) Illegal to taunt police animals.--It shall be unlawful
for a person to intentionally or knowingly taunt, torment,
tease, beat, kick or strike a police animal. A person who
violates the provisions of this subsection commits a felony of
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the third degree.
(b) Illegal to torture or kill police animals.--It shall be
unlawful for a person to [intentionally]:
(1) Intentionally or knowingly torture, mutilate,
injure, disable, poison or kill a police animal. A person who
violates the provisions of this [subsection] paragraph
commits a felony of the second degree.
(2) Recklessly torture, mutilate, injure, disable,
poison or kill a police animal. A person who violates the
provisions of this paragraph commits a misdemeanor of the
first degree.
(b.1) Illegal to torture or kill police animals during
perpetration of felony.--It shall be unlawful for a person to
torture, mutilate, injure, disable, poison or kill a police
animal while engaged as a principal or an accomplice in the
perpetration of a felony. A person who violates the provisions
of this subsection commits a felony of the third degree.
(c) Restitution.--In a case in which a defendant is
convicted of a violation of subsection (a) [or (b)], (b) or
(b.1) the defendant shall be ordered to make restitution to the
agency or individual owning the animal for veterinary bills, for
replacement costs of the animal if it is disabled or killed and
for the salary of the animal's handler for the period of time
the handler's services are lost to the agency.
Section 2 4. This act shall take effect in 60 days.
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