| H0511B0563A08142 MSP:BTW 06/25/10 #90 A08142 |
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| AMENDMENTS TO HOUSE BILL NO. 511 |
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| Printer's No. 563 |
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1 | Amend Bill, page 1, line 17, by striking out "a" and |
2 | inserting |
3 | an agricultural |
4 | Amend Bill, page 2, line 2, by inserting after "disease" |
5 | or hazardous substance |
6 | Amend Bill, page 2, line 6, by inserting after "designed" |
7 | and constructed |
8 | Amend Bill, page 2, line 20, by inserting after "area" |
9 | and that all such agricultural biosecurity areas so established |
10 | be clearly and conspicuously posted. The department may develop |
11 | a regulation to govern the form and content of posted notice to |
12 | identify an agricultural biosecurity area |
13 | Amend Bill, page 4, lines 5 through 22, by striking out all |
14 | of said lines and inserting |
15 | (i) Enters an agricultural biosecurity area, knowing |
16 | that the person is not licensed or privileged to do so. |
17 | (ii) Knowingly or recklessly fails to perform |
18 | reasonable measures for biosecurity that by posted notice |
19 | are required to be performed for entry to the |
20 | agricultural biosecurity area. |
21 | (2) It is a defense to prosecution under paragraph (1) |
22 | (ii) that: |
23 | (i) no reasonable means or method was available to |
24 | perform the measures that the posted notice required to |
25 | be performed for entry to the agricultural biosecurity |
26 | area; |
27 | (ii) entry is made in response to a condition within |
28 | the agricultural biosecurity area that the person |
29 | reasonably believes to be a serious threat to human or |
30 | animal health as necessitating immediate entry to the |
31 | agricultural biosecurity area; or |
32 | (iii) entry is made under exigent circumstances by a |
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1 | law enforcement officer to: |
2 | (A) pursue and apprehend a suspect of criminal |
3 | conduct reasonably believed by the officer to be |
4 | present within the agricultural biosecurity area; or |
5 | (B) prevent the destruction of evidence of |
6 | criminal conduct reasonably believed by the officer |
7 | to be located within the agricultural biosecurity |
8 | area. |
9 | (3) (i) Except as set forth in subparagraph (iii), an |
10 | offense under paragraph (1)(i) constitutes a misdemeanor |
11 | of the third degree. |
12 | (ii) Except as set forth in subparagraph (iii), an |
13 | offense under paragraph (1)(ii) constitutes a summary |
14 | offense. |
15 | (iii) If an offense under paragraph (1) causes |
16 | damage to or death of an animal or plant within an |
17 | agricultural biosecurity area, the offense constitutes a |
18 | misdemeanor of the first degree. |
19 | (4) For purposes of this subsection, the terms |
20 | "agricultural biosecurity area" and "posted notice" shall |
21 | have the meanings given to them in 3 Pa.C.S. § 2303 (relating |
22 | to definitions). |
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