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                                                       PRINTER'S NO. 172

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 159 Session of 1989


        INTRODUCED BY DeLUCA, ITKIN, DALEY, FOX, MARKOSEK, TRELLO,
           MELIO, B. SMITH, BELARDI, VROON, STABACK, KOSINSKI, DEMPSEY,
           BELFANTI, NOYE, CAWLEY, SCHULER, HERMAN, BILLOW,
           E. Z. TAYLOR, GIGLIOTTI, VEON, JOHNSON, PISTELLA, PRESTON AND
           OLASZ, JANUARY 30, 1989

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 1989

                                     AN ACT

     1  Amending the act of December 7, 1982 (P.L.784, No.225), entitled
     2     "An act relating to dogs, regulating the keeping of dogs;
     3     providing for the licensing of dogs and kennels; providing
     4     for the protection of dogs and the detention and destruction
     5     of dogs in certain cases; regulating the sale and
     6     transportation of dogs; declaring dogs to be personal
     7     property and the subject of theft; providing for the
     8     assessment of damages done to livestock, poultry and domestic
     9     game birds; providing for payment of damages by the
    10     Commonwealth in certain cases and the liability of the owner
    11     or keeper of dogs for such damages; imposing powers and
    12     duties on certain State and local officers and employees;
    13     providing penalties; and creating a Dog Law Restricted
    14     Account," further providing for offenses relating to dogs
    15     used for law enforcement.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  Section 602 of the act of December 7, 1982
    19  (P.L.784, No.225), known as the Dog Law, is amended to read:
    20  Section 602.  Dogs used for law enforcement.
    21     (a)  Illegal to taunt law enforcement dogs.--It shall be
    22  unlawful for any person to willfully and maliciously taunt,
    23  torment, tease, beat, kick or strike any dog used by any

     1  municipal or State police department or agency in the
     2  performance of the functions or duties of such department or
     3  agency or to [interfere with or meddle] commit any of the stated
     4  acts in the course of interfering with any such dog used by the
     5  department or agency or any member thereof in the performance of
     6  the functions or duties of the department or agency or of such
     7  officer or member. Any person who violates any of the provisions
     8  of this subsection commits a misdemeanor of the second degree.
     9     (b)  Illegal to torture certain dogs.--It shall be unlawful
    10  for any person to willfully or maliciously torture, mutilate,
    11  injure, disable, poison or kill any dog used by any municipal or
    12  State police department or agency in the performance of the
    13  functions or duties of the department or agency or to [interfere
    14  with or meddle] commit any of the stated acts in the course of
    15  interfering with any such dog used by the department or agency
    16  or any member thereof in the performance of any of the functions
    17  or duties of the department or agency or of such officer or
    18  member. Any person who violates any of the provisions of this
    19  [section is guilty of a summary offense] subsection commits a
    20  misdemeanor of the first degree.
    21     (c)  Illegal to deny facilities or service due to police dog
    22  use.--It shall be unlawful for the proprietor, manager or
    23  employee of a theater, hotel, motel, restaurant or other place
    24  of entertainment, amusement or accommodation, to refuse,
    25  withhold from or deny to any person, due to the use of a working
    26  police dog used by any State or municipal police department or
    27  agency, either directly or indirectly, any of the
    28  accommodations, advantages, facilities or privileges of the
    29  theater, hotel, motel, restaurant or other place of public
    30  entertainment, amusement or accommodation. Any person who
    19890H0159B0172                  - 2 -

     1  violates any of the provisions of this subsection commits a
     2  misdemeanor of the third degree.
     3     [(c)] (d)  Quarantine of certain dogs not required.--
     4  Quarantine of dogs as required by law shall not apply to dogs
     5  owned by any municipal or State police department or agency when
     6  such dogs are under the direct supervision and care of a police
     7  officer and subject to routine veterinary care.
     8     Section 2.  This act shall take effect in 60 days.















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