PRINTER'S NO. 383
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
15
Session of
2015
INTRODUCED BY GOODMAN, BOBACK, CARROLL, COHEN, D. COSTA, DEASY,
DeLUCA, DONATUCCI, DUNBAR, GIBBONS, GILLEN, KAVULICH,
LONGIETTI, MATZIE, McNEILL, MILLARD, MURT, RAVENSTAHL,
SAINATO, SCHLOSSBERG, SCHREIBER, SCHWEYER, SIMMONS, STEPHENS,
THOMAS AND WATSON, FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for cruelty to
animals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511(c)(2), (h)(1)(i), (2)(i), (3)(i),
(4)(i) and (5)(i) and (m.2) of Title 18 of the Pennsylvania
Consolidated Statutes are amended to read:
ยง 5511. Cruelty to animals.
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(c) Cruelty to animals.--
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(2) The following apply:
(i) Except as provided in subparagraph (ii), a
person convicted of violating paragraph (1) commits a
[summary offense] misdemeanor of the third degree and
shall, upon conviction, be sentenced to pay a fine of not
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less than $750 or to imprisonment for not more than one
year, or both.
(ii) A person convicted for a second or subsequent
time of violating paragraph (1) commits a misdemeanor of
the [third] second degree [if all of the following
occurred:
(A) The action or omission for which the person
was convicted for a subsequent time was performed on
a dog or cat.
(B) The dog or cat was seriously injured,
suffered severe physical distress or was placed at
imminent risk of serious physical harm as the result
of the person's action or omission].
* * *
(h) Specific violations; prima facie evidence of
violation.--
(1) (i) A person commits a [summary offense]
misdemeanor of the third degree and shall, upon
conviction, be sentenced to pay a fine of not less than
$750 or to imprisonment for not more than one year, or
both, if the person crops, trims or cuts off, or causes
or procures to be cropped, trimmed or cut off, the whole
or part of the ear or ears of a dog.
* * *
(2) (i) A person commits a [summary offense]
misdemeanor of the third degree and shall, upon
conviction, be sentenced to pay a fine of not less than
$750 or to imprisonment for not more than one year, or
both, if the person debarks a dog by cutting, causing or
procuring the cutting of its vocal cords or by altering,
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causing or procuring the alteration of any part of its
resonance chamber.
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(3) (i) A person commits a [summary offense]
misdemeanor of the third degree and shall, upon
conviction, be sentenced to pay a fine of not less than
$750 or to imprisonment for not more than one year, or
both, if the person docks, cuts off, causes or procures
the docking or cutting off of the tail of a dog over five
days old.
* * *
(4) (i) A person commits a [summary offense]
misdemeanor of the third degree and shall, upon
conviction, be sentenced to pay a fine of not less than
$750 or to imprisonment for not more than one year, or
both, if the person surgically births or causes or
procures a surgical birth.
* * *
(5) (i) A person commits a [summary offense]
misdemeanor of the third degree and shall, upon
conviction, be sentenced to pay a fine of not less than
$750 or to imprisonment for not more than one year, or
both, if the person cuts off or causes or procures the
cutting off of the dewclaw of a dog over five days old.
* * *
(m.2) Prohibition of ownership.--Notwithstanding any
provision of law and in addition to any other penalty provided
by law, the authority imposing sentence upon a conviction for
any violation of this section may order the prohibition or
limitation of the defendant's ownership, possession, control or
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custody of animals or employment with the care of animals for a
period of time not [to exceed] less than the statutory maximum
term of imprisonment applicable to the offense for which
sentence is being imposed.
* * *
Section 2. This act shall take effect in 60 days.
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