Bill Text: PA HB511 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for the definitions of "agricultural biosecurity areas" and for "posted notice"; and further providing for keeping and handling of domestic animals, for criminal trespass and for ecoterrorism.

Spectrum: Moderate Partisan Bill (Republican 22-7)

Status: (Engrossed - Dead) 2010-10-12 - Laid on the table [HB511 Detail]

Download: Pennsylvania-2009-HB511-Amended.html

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PRIOR PRINTER'S NO. 563 PRINTER'S NO. 4005
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 511 Session of2009
INTRODUCED BY CUTLER, BELFANTI, BOYD, BRENNAN, CLYMER, DENLINGER, FAIRCHILD, FLECK, GOODMAN, GRUCELA, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, M. KELLER, W. KELLER, MENSCH, MILLER, MUSTIO, PHILLIPS, PYLE, SAYLOR, SIPTROTH, STERN, J. TAYLOR, GEIST, ROHRER, GIBBONS AND MARSHALL, FEBRUARY 18, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 28, 2010
AN ACT
Amending Titles 3 (Agriculture) and 18 (Crimes and Offenses) of
the Pennsylvania Consolidated Statutes, providing for the
definitions of "agricultural biosecurity areas" and for
"posted notice"; and further providing for keeping and
handling of domestic animals, for criminal trespass and for
ecoterrorism.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2303 of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 2303. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Agricultural biosecurity area." Any of the following areas
which has been identified by posted notice as a an agricultural <--
biosecurity area and for which the owner or other authorized
person has established procedures to inhibit the transference of
transmissible disease or hazardous substance: <--
(1) Agricultural or other open lands as defined under 18
Pa.C.S. § 3503(b.2)(3)(relating to criminal trespass).
(2) A building or animal or plant containment area
fenced or enclosed in a manner manifestly designed and <--
constructed to exclude trespassers or to confine domestic
animals or plants used in research or agricultural activity
or farming as defined in 18 Pa.C.S. § 3309 (relating to
agricultural vandalism).
* * *
"Posted notice." Notice posted in a manner which is
reasonably likely to come to the attention of a person.
* * *
Section 2. Section 2305 of Title 3 is amended to read:
§ 2305. Keeping and handling of domestic animals.
The department shall have authority to regulate the keeping
and handling of domestic animals to exclude or contain dangerous
transmissible diseases and hazardous substances and to protect
the environment, including the authority to require the
establishment of an agricultural biosecurity area and that all <--
such agricultural biosecurity areas so established be clearly
and conspicuously posted. The department may develop a
regulation to govern the form and content of posted notice to
identify an agricultural biosecurity area. Nothing in this
section shall be construed to authorize the department to
require vaccination of any animal to prevent or control rabies
whenever that animal is exempt from vaccination under the act of
December 15, 1986 (P.L.1610, No.181), known as the Rabies
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Prevention and Control in Domestic Animals and Wildlife Act.
Section 3. The definition of "specified offense against
property" in section 3311(d) of Title 18 is amended to read:
§ 3311. Ecoterrorism.
* * *
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"Specified offense against property." Any of the following
offenses:
Section 3301(a), (c), (d), (d.1) and (f) (relating to arson
and related offenses).
Section 3302 (relating to causing or risking catastrophe).
Section 3304 (relating to criminal mischief).
Section 3307 (relating to institutional vandalism).
Section 3309 (relating to agricultural vandalism).
Section 3310 (relating to agricultural crop destruction).
Section 3502 (relating to burglary) but only if the actor
commits the crime for the purpose of committing one of the other
offenses listed in this definition.
Section 3503 (relating to criminal trespass) but only if the
actor commits the crime for the purpose of releasing a dangerous
transmissible disease or hazardous substance, as those terms are
defined under 3 Pa.C.S. § 2303 (relating to definitions),
threatening or terrorizing the owner or occupant of the
premises, starting or causing to be started any fire upon the
premises or defacing or damaging the premises.
Section 3921 (relating to theft by unlawful taking or
disposition).
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Section 3922 (relating to theft by deception).
Section 4101 (relating to forgery).
Section 4120 (relating to identity theft).
Section 4. Section 3503 of Title 18 is amended by adding a
subsection to read:
§ 3503. Criminal trespass.
* * *
(b.3) Agricultural biosecurity area trespasser.--
(1) A person commits an offense if the person does any
of the following:
(i) Enters an agricultural biosecurity area unless <--
the owner or other authorized person expressly authorizes
entry or entry is authorized by law.
(ii) Knowing that he or she is not licensed or
privileged to do so, enters an agricultural biosecurity
area without performing the measures for biosecurity that
by posted notice are directed to be performed for entry
to the area.
(iii) Knowingly or recklessly enters an agricultural
biosecurity area without performing the measures for
biosecurity that by posted notice are directed to be
performed for entry to the area.
(2) An offense under this subsection shall constitute a
misdemeanor of the first degree.
(3) For the purposes of this subsection, the phrases
"agricultural biosecurity area" and "posted notice" shall
have the meanings given to them in 3 Pa.C.S. § 2303 (relating
to definitions).
(i) Enters an agricultural biosecurity area, knowing <--
that the person is not licensed or privileged to do so.
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(ii) Knowingly or recklessly fails to perform
reasonable measures for biosecurity that by posted notice
are required to be performed for entry to the
agricultural biosecurity area.
(2) It is a defense to prosecution under paragraph (1)
(ii) that:
(i) no reasonable means or method was available to
perform the measures that the posted notice required to
be performed for entry to the agricultural biosecurity
area;
(ii) entry is made in response to a condition within
the agricultural biosecurity area that the person
reasonably believes to be a serious threat to human or
animal health as necessitating immediate entry to the
agricultural biosecurity area; or
(iii) entry is made under exigent circumstances by a
law enforcement officer to:
(A) pursue and apprehend a suspect of criminal
conduct reasonably believed by the officer to be
present within the agricultural biosecurity area; or
(B) prevent the destruction of evidence of
criminal conduct reasonably believed by the officer
to be located within the agricultural biosecurity
area.
(3) (i) Except as set forth in subparagraph (iii), an
offense under paragraph (1)(i) constitutes a misdemeanor
of the third degree.
(ii) Except as set forth in subparagraph (iii), an
offense under paragraph (1)(ii) constitutes a summary
offense.
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(iii) If an offense under paragraph (1) causes
damage to or death of an animal or plant within an
agricultural biosecurity area, the offense constitutes a
misdemeanor of the first degree.
(4) For purposes of this subsection, the terms
"agricultural biosecurity area" and "posted notice" shall
have the meanings given to them in 3 Pa.C.S. § 2303 (relating
to definitions).
* * *
Section 5. This act shall take effect immediately.
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