Bill Text: PA SB667 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for registration of dangerous dogs; and prescribing penalties.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2009-03-20 - Referred to AGRICULTURE AND RURAL AFFAIRS [SB667 Detail]

Download: Pennsylvania-2009-SB667-Introduced.html

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PRINTER'S NO. 730
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 667 Session of2009
INTRODUCED BY LOGAN, TARTAGLIONE, FONTANA, COSTA, ALLOWAY, KASUNIC, WONDERLING, BOSCOLA AND FERLO, MARCH 20, 2009
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MARCH 20, 2009
AN ACT
Amending the act of December 7, 1982 (P.L.784, No.225),
entitled, as amended, "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," further providing for
registration of dangerous dogs; and prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502-A(d) of the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law, amended October 9, 2008
(P.L.1450, No.119), is amended to read:
Section 502-A. Registration.
* * *
(d) Disposition of dog during court proceedings.--
(1) (i) An owner or keeper of any dog who has been
charged with harboring a dangerous dog shall keep the dog
or dogs confined in a proper enclosure or, when off the
property of the owner or keeper for purposes of
veterinary care, muzzled and on a substantial chain or
leash and under physical restraint of a responsible
person until the time a report is made under subsection
(b).
(ii) The muzzle shall be made in a manner that will
not cause injury to the dog or interfere with its vision
or respiration, but shall prevent it from biting any
person or animal or from destroying property with its
teeth.
(2) If an appeal of a decision under subsection (b) is
filed, the dog or dogs shall remain so confined and
restrained in accordance with paragraph (1) until the
proceedings are completed.
(3) (i) It shall be unlawful for an owner or keeper of
a dog who has been charged with harboring a dangerous dog
to dispense, move, sell, offer to sell, give away or
transfer the dog in any manner except to have it humanely
killed or move the dog to a licensed kennel if approved
by the investigating officer.
(ii) A violation of this [subsection] paragraph
shall constitute a summary offense accompanied by a fine
of not less than [$500] $800.
(4) Notwithstanding any provision of law to the
contrary:
(i) (A) A first violation of paragraph (1) or (2)
shall constitute a misdemeanor of the third degree.
(B) A second violation or subsequent violation
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of paragraph (1) or (2) shall constitute a
misdemeanor of the second degree.
(ii) A violation of paragraph (1) or (2) that
results in an attack of a person, or the attack, injury
or death of a domestic animal, by the dog or dogs that
are the subject of the charge through the intentional,
reckless or negligent conduct of the owner or keeper of
the dog or dogs, shall constitute a misdemeanor of the
second degree. In addition, the dog or dogs shall be
immediately confiscated and placed in quarantine pending
the determination of the charge and any appeal. Following
the determination of the charge and any subsequent
appeal, the humane destruction of the dog or dogs may be
ordered with the costs of the quarantine and destruction
to be borne by the owner of the dog or dogs.
(iii) A violation of paragraph (1) or (2) that
results in an aggressive attack by the dog or dogs that
are the subject of a charge of harboring a dangerous dog
and the death or severe injury of a person or persons by
the dog or dogs through the intentional, reckless or
negligent conduct of the owner or keeper of the dog or
dogs shall constitute a misdemeanor of the first degree.
In addition, the dog or dogs shall be immediately
confiscated and placed in quarantine pending the
determination of the charge and any appeal. Following the
determination of the charge and any subsequent appeal,
the humane destruction of the dog or dogs may be ordered
with the costs of the quarantine and destruction to be
borne by the owner of the dog or dogs.
(iv) Where the owner of a dog or dogs that are the
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subject of a charge of harboring a dangerous dog is a
minor, the parent or guardian of the minor shall be
liable for injuries, and property damages caused by an
unprovoked attack by the dog or dogs under 23 Pa.C.S. Ch.
55 (relating to liability for tortious acts of children).
Section 2. This act shall take effect in 60 days.
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