PRINTER'S NO. 941
No. 816 Session of 2001
INTRODUCED BY WENGER, WAUGH, MADIGAN, COSTA, SCHWARTZ,
TARTAGLIONE, M. WHITE, O'PAKE, BOSCOLA, SCARNATI, ROBBINS,
THOMPSON, CORMAN, RHOADES AND LEMMOND, APRIL 30, 2001
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 30, 2001
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, providing for assaults with biological agents on
4 animals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 5511.3. Assault with a biological agent on animal.
10 (a) Offense defined.--A person commits a felony of the
11 second degree if the person intentionally, knowingly, or
12 maliciously exposes or causes to be exposed, an animal or fowl
13 to any virus, bacteria, prion or other agent which causes
14 infectious disease, including any of the following:
15 (1) Foot-and-mouth disease.
16 (2) Bovine spongiform encephalopathy (BSE), commonly
17 known as mad cow disease.
18 (b) Restitution.--The person convicted of violating this
1 section shall, in addition to any other sentence imposed, be
2 sentenced to pay the owner of the afflicted animal restitution
3 in an amount equal to the cost of the financial damages incurred
4 as a result of the offense, including the following:
5 (1) Value of afflicted animal.
6 (2) Disposal of afflicted animal.
7 (3) Testing for disease on existing animal.
8 (4) Cleanup and sanitization of property and buildings
9 on and in which afflicted animal(s) were located.
10 (5) Liability insurance for cleanup and sanitization
11 workers.
12 (6) Soil testing of property.
13 (7) Loss revenue for aggrieved owner of afflicted
14 animal.
15 (c) Exceptions.--The provisions of this section shall not
16 apply to research or veterinarian services, including,
17 immunizations, vaccinations or other treatments administered
18 during the normal scope of practice.
19 Section 2. Title 42 is amended by adding a section to read:
20 § 8313. Assault with biological agent on animal.
21 An animal owner aggrieved by a violation of this section may,
22 in a civil action in any court of competent jurisdiction, obtain
23 appropriate relief, including preliminary and other equitable or
24 declaratory relief, compensatory and punitive damages,
25 reasonable investigation expenses and reasonable attorney fees
26 and other costs associated with the litigation of the action.
27 Section 3. This act shall take effect immediately.
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