PRINTER'S NO. 692
No. 626 Session of 2005
INTRODUCED BY KASUNIC, KITCHEN, LOGAN, COSTA, LAVALLE, MUSTO,
EARLL, BOSCOLA AND RHOADES, APRIL 13, 2005
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 13, 2005
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225),
2 entitled, as amended, "An act relating to dogs, regulating
3 the keeping of dogs; providing for the licensing of dogs and
4 kennels; providing for the protection of dogs and the
5 detention and destruction of dogs in certain cases;
6 regulating the sale and transportation of dogs; declaring
7 dogs to be personal property and the subject of theft;
8 providing for the abandonment of animals; providing for the
9 assessment of damages done to animals; providing for payment
10 of damages by the Commonwealth in certain cases and the
11 liability of the owner or keeper of dogs for such damages;
12 imposing powers and duties on certain State and local
13 officers and employees; providing penalties; and creating a
14 Dog Law Restricted Account," providing for civil liability
15 arising out of attacks by dangerous dogs; further providing
16 for registration; and making editorial changes.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The heading of section 501 of the act of December
20 7, 1982 (P.L.784, No.225), known as the Dog Law, amended
21 December 11, 1996 (P.L.943, No.151), is amended and the section
22 is amended by adding a subsection to read:
23 Section 501. Killing dogs; dogs as nuisances; civil liability.
24 * * *
1 (d) Civil liability.--Except as provided in section 507-
2 A(b), the owner of any dangerous dog as previously determined
3 pursuant to Article V-A that inflicts severe injury or death to
4 any human being due to an attack shall be civilly liable for all
5 damages arising out of such attack.
6 Section 2. Section 502-A of the act, amended December 11,
7 1996 (P.L.943, No.151), is amended to read:
8 Section 502-A. Registration.
9 (a) Summary offense of harboring a dangerous dog.--Any
10 person who has been attacked by one or more dogs, or anyone on
11 behalf of such person, a person whose domestic animal has been
12 killed or injured without provocation, the State dog warden or
13 the local police officer may file a complaint before a [district
14 justice] magisterial district judge, charging the owner or
15 keeper of such a dog with harboring a dangerous dog. The
16 magisterial district judge may impose penalties set forth under
17 section 505-A(a) through (d). A penalty under section 505-A(b),
18 however, may not be imposed unless the dog has been determined
19 in a previous case to be a dangerous dog. The owner or keeper of
20 the dog shall be guilty of the summary offense of harboring a
21 dangerous dog if the [district justice] magisterial district
22 judge finds beyond a reasonable doubt that the following
23 elements of the offense have been proven:
24 (1) The dog has done one or more of the following:
25 (i) Inflicted severe injury on a human being without
26 provocation on public or private property.
27 (ii) Killed or inflicted severe injury on a domestic
28 animal without provocation while off the owner's
29 property.
30 (iii) Attacked a human being without provocation.
20050S0626B0692 - 2 -
1 (iv) Been used in the commission of a crime.
2 (2) The dog has either or both of the following:
3 (i) A history of attacking human beings and/or
4 domestic animals without provocation.
5 (ii) A propensity to attack human beings and/or
6 domestic animals without provocation. A propensity to
7 attack may be proven by a single incident of the conduct
8 described in paragraph (1)(i), (ii), (iii) or (iv).
9 (3) The defendant is the owner or keeper of the dog.
10 (a.1) Effect of conviction.--A finding by a [district
11 justice] magisterial district judge that a person is guilty
12 under subsection (a) of harboring a dangerous dog shall
13 constitute a determination that the dog is a dangerous dog for
14 purposes of this act.
15 (b) Report of conviction.--The [district justice]
16 magisterial district judge shall make a report of a conviction
17 under subsection (a) to the Bureau of Dog Law Enforcement,
18 identifying the convicted party, identifying and describing the
19 dog or dogs and providing such other information as the bureau
20 might reasonably require.
21 (c) Certificate required.--It is unlawful for an owner to
22 have a dangerous dog without a certificate of registration
23 issued under this article. This article shall not apply to dogs
24 used by law enforcement officials for police work, certified
25 guide dogs for the blind, hearing dogs for the deaf nor aid dogs
26 for the handicapped.
27 (d) Disposition of dog during court proceedings.--An owner
28 or keeper of any dog who has been charged with harboring a
29 dangerous dog shall keep such dog or dogs confined in a proper
30 enclosure or, when off the property of the owner or keeper for
20050S0626B0692 - 3 -
1 purposes of veterinary care, muzzled and on a leash until such
2 time a report is made under subsection (b). If an appeal of a
3 decision under subsection (b) is filed, such dog or dogs shall
4 remain so confined until such proceedings are completed. It
5 shall be unlawful for an owner or keeper of a dog who has been
6 charged with harboring a dangerous dog to dispense the dog in
7 any manner except to be humanely killed. A violation of this
8 subsection shall constitute a summary offense accompanied by a
9 fine of not less than $200.
10 Section 3. This act shall take effect immediately.
A26L03JS/20050S0626B0692 - 4 -