THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GOODMAN, KNOWLES, BAKER, CALTAGIRONE, CARROLL, COHEN, CREIGHTON, DALEY, DeLUCA, ELLIS, FLECK, GIBBONS, HARHAI, JAMES, W. KELLER, KILLION, MUNDY, MURT, O'NEILL, PASHINSKI, PETRARCA, SAINATO, SANTARSIERO, SAYLOR, SCAVELLO, SONNEY, STABACK, YOUNGBLOOD AND PARKER, OCTOBER 17, 2012

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2012  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for the offense of

cruelty to animals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5511(c), (h) and (m.2) of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 5511.  Cruelty to animals.

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(c)  Cruelty to animals.--

(1)  A person commits an offense if he wantonly or

cruelly illtreats, overloads, beats, otherwise abuses any

animal, or neglects any animal as to which he has a duty of

care, whether belonging to himself or otherwise, or abandons

any animal, or deprives any animal of necessary sustenance,

drink, shelter or veterinary care, or access to clean and

sanitary shelter which will protect the animal against

inclement weather and preserve the animal's body heat and

keep it dry.

(2)  (i)  Except as provided in subparagraph (ii), a

person convicted of violating paragraph (1) commits a

[summary offense] a misdemeanor of the third degree and

shall, upon conviction, be sentenced to pay a fine of not

less than $750 or to imprisonment for one year, or both.

(ii)  A person convicted for a second or subsequent

time of violating paragraph (1) commits a misdemeanor of

the [third 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] second degree.

(3)  This subsection shall not apply to activity

undertaken in normal agricultural operation.

* * * 

(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 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.

(ii)  The provisions of this paragraph shall not

prevent a veterinarian from cropping, trimming or cutting

off the whole or part of the ear or ears of a dog when

the dog is anesthetized and shall not prevent any person

from causing or procuring the cropping, trimming or

cutting off of a dog's ear or ears by a veterinarian.

(iii)  The possession by any person of a dog with an

ear or ears cropped, trimmed or cut off and with the

wound or incision site resulting therefrom unhealed, or

any such dog being found in the charge or custody of any

person or confined upon the premises owned by or under

the control of any person, shall be prima facie evidence

of a violation of this subsection by the person except as

provided for in this subsection.

(iv)  A person who procures the cropping, trimming or

cutting off of the whole or part of an ear or ears of a

dog shall record the procedure. The record shall include

the name of the attending veterinarian and the date and

location at which the procedure was performed. The record

shall be kept as long as the wound or incision site is

unhealed and shall be transferred with the dog during

that period of time.

(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 one year, or both if the

person debarks a dog by cutting, causing or procuring the

cutting of its vocal cords or by altering, causing or

procuring the alteration of any part of its resonance

chamber.

(ii)  The provisions of this paragraph shall not

prevent a veterinarian from cutting the vocal cords or

otherwise altering the resonance chamber of a dog when

the dog is anesthetized and shall not prevent a person

from causing or procuring a debarking procedure by a

veterinarian.

(iii)  The possession by any person of a dog with the

vocal cords cut or the resonance chamber otherwise

altered and with the wound or incision site resulting

therefrom unhealed, or any such dog being found in the

charge or custody of any person or confined upon the

premises owned by or under the control of any person,

shall be prima facie evidence of a violation of this

paragraph by the person, except as provided in this

paragraph.

(iv)  A person who procures the cutting of vocal

cords or the alteration of the resonance chamber of a dog

shall record the procedure. The record shall include the

name of the attending veterinarian and the date and

location at which the procedure was performed. The record

shall be kept as long as the wound or incision site is

unhealed and shall be transferred with the dog during

that period of time.

(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 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.

(ii)  The provisions of this paragraph shall not

prevent a veterinarian from docking, cutting off or

cropping the whole or part of the tail of a dog when the

dog is at least 12 weeks of age and the procedure is

performed using general anesthesia and shall not prevent

a person from causing or procuring the cutting off or

docking of a tail of a dog by a veterinarian as provided

in this paragraph.

(iii)  The provisions of this section shall not

prevent a veterinarian from surgically removing, docking,

cutting off or cropping the tail of a dog between five

days and 12 weeks of age if, in the veterinarian's

professional judgment, the procedure is medically

necessary for the health and welfare of the dog. If the

procedure is performed, it shall be done in accordance

with generally accepted standards of veterinary practice.

(iv)  The possession by any person of a dog with a

tail cut off or docked and with the wound or incision

site resulting therefrom unhealed, or any such dog being

found in the charge or custody of any person or confined

upon the premises owned by or under the control of any

person, shall be prima facie evidence of a violation of

this paragraph by the person, except as provided in this

paragraph.

(v)  A person who procures the cutting off or docking

of a tail of a dog shall record the procedure. The record

shall include the name of the attending veterinarian and

the date and location at which the procedure was

performed. The record shall be kept as long as the wound

or incision site is unhealed and shall be transferred

with the dog during that period of time.

(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 one year, or both if the

person surgically births or causes or procures a surgical

birth.

(ii)  The provisions of this section shall not

prevent a veterinarian from surgically birthing a dog

when the dog is anesthetized and shall not prevent any

person from causing or procuring a surgical birthing by a

veterinarian.

(iii)  The possession by any person of a dog with a

wound or incision site resulting from a surgical birth

unhealed, or any such dog being found in the charge or

custody of any person or confined upon the premises owned

by or under the control of any person, shall be prima

facie evidence of a violation of this paragraph by the

person, except as provided in this paragraph.

(iv)  A person who procures the surgical birth of a

dog shall record the procedure. The record shall include

the name of the attending veterinarian and the date and

location at which the procedure was performed. The record

shall be kept as long as the wound or incision site is

unhealed and shall be transferred with the dog during

that period of time.

(v)  This paragraph shall not apply to personnel

required to comply with standards to minimize pain to an

animal set forth in section 2143(a)(3) of the Animal

Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.),

trained in accordance with section 2143(d) of the Animal

Welfare Act, who work in a federally registered research

facility required to comply with the Animal Welfare Act

under the guidance or oversight of a veterinarian.

(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 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.

(ii)  The provisions of this paragraph shall not

prevent a veterinarian from cutting the dewclaw and shall

not prevent a person from causing or procuring the

procedure by a veterinarian.

(iii)  The possession by any person of a dog with the

dewclaw cut off and with the wound or incision site

resulting therefrom unhealed, or any such dog being found

in the charge or custody of any person or confined upon

the premises owned by or under the control of any person,

shall be prima facie evidence of a violation of this

paragraph by the person, except as provided in this

paragraph.

(iv)  A person who procures the cutting off of the

dewclaw of a dog shall record the procedure. The record

shall include the name of the attending veterinarian and

the date and location at which the procedure was

performed. The record shall be kept as long as the wound

or incision site is unhealed and shall be transferred

with the dog during that period of time.

* * * 

(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

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.