PRINTER'S NO. 2317
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1732
Session of
2017
INTRODUCED BY HANNA, AUGUST 18, 2017
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
AUGUST 18, 2017
AN ACT
Amending the act of December 7, 1982 (P.L.784, No.225), entitled
"An act relating to dogs, regulating the keeping of dogs;
providing for the licensing of dogs and kennels; providing
for the protection of dogs and the detention and destruction
of dogs in certain cases; regulating the sale and
transportation of dogs; declaring dogs to be personal
property and the subject of theft; providing for the
abandonment of animals; providing for the assessment of
damages done to animals; providing for payment of damages by
the Commonwealth in certain cases and the liability of the
owner or keeper of dogs for such damages; imposing powers and
duties on certain State and local officers and employees;
providing penalties; and creating a Dog Law Restricted
Account," in dangerous dogs, further providing for court
proceedings, certificate of registration and disposition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502-A(a) of the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law, is amended and the
section is amended by adding a subsection to read:
Section 502-A. Court proceedings, certificate of registration
and disposition.
(a) Summary offense of harboring a dangerous dog.--[Any]
Except as provided under subsection (e), a person who has been
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
attacked by one or more dogs, or anyone on behalf of the person,
a person whose domestic animal, dog or cat has been killed or
injured without provocation, the State dog warden or the local
police officer may file a complaint before a magisterial
district judge, charging the owner or keeper of the a dog with
harboring a dangerous dog. The owner or keeper of the dog shall
be guilty of the summary offense of harboring a dangerous dog if
the magisterial district judge finds beyond a reasonable doubt
that the following elements of the offense have been proven:
(1) The dog has done any of the following:
(i) Inflicted severe injury on a human being without
provocation on public or private property.
(ii) Killed or inflicted severe injury on a domestic
animal, dog or cat without provocation while off the
owner's property.
(iii) Attacked a human being without provocation.
(iv) Been used in the commission of a crime.
(2) The dog has either or both of the following:
(i) A history of attacking human beings and/or
domestic animals, dogs or cats without provocation.
(ii) A propensity to attack human beings and/or
domestic animals, dogs or cats without provocation. A
propensity to attack may be proven by a single incident
of the conduct described in paragraph (1)(i), (ii), (iii)
or (iv).
(3) The defendant is the owner or keeper of the dog.
* * *
(e) Precautionary measures.--No owner or keeper of a dog may
be held liable for injuries or damages caused by the dog, nor
shall the owner or keeper be required to register the dog as a
20170HB1732PN2317 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
dangerous dog, if the owner or keeper took the following
precautionary measures:
(1) installed a secure fence around the perimeter of the
property in which the dog is confined that prevents the dog
from escaping and deters children and other individuals from
encroaching on the property; and
(2) posted a sign on the fence warning children and
other individuals to beware of the dog.
Section 2. This act shall take effect in 60 days.
20170HB1732PN2317 - 3 -
1
2
3
4
5
6
7
8
9