Pennsylvania Act 2002-183 — CRIMES CODE (18 PA.C..S.) - AMEND CRUELTY TO ANIMALS AND DRUG TRAFFICKING SENTENCING AND PENALTIES

Act text

CRIMES CODE (18 PA.C..S.) - AMEND CRUELTY TO ANIMALS AND DRUG TRAFFICKING
                         SENTENCING AND PENALTIES
                 Act of Dec. 9, 2002, P.L. 1439, No. 183              Cl. 18
                             Session of 2002
                               No. 2002-183

     HB 2445

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for cruelty to
        animals and for drug trafficking sentencing and penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5511(a) of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5511.  Cruelty to animals.
        (a)  Killing, maiming or poisoning domestic animals or zoo
     animals, etc.--
            (1)  A person commits a misdemeanor of the second degree
        if he willfully and maliciously:
                (i)  Kills, maims or disfigures any domestic animal
            of another person or any domestic fowl of another person.
                (ii)  Administers poison to or exposes any poisonous
            substance with the intent to administer such poison to
            any domestic animal of another person or domestic fowl of
            another person.
                (iii)  Harasses, annoys, injures, attempts to injure,
            molests or interferes with a dog guide for an individual
            who is blind, a hearing dog for an individual who is deaf
            or audibly impaired or a service dog for an individual
            who is physically limited.
        Any person convicted of violating the provisions of this
        paragraph shall be sentenced to pay a fine of not less than
        $500.
            (2)  A person commits a felony of the third degree if he
        willfully and maliciously:
                (i)  Kills, maims or disfigures any zoo animal in
            captivity.
                (ii)  Administers poison to or exposes any poisonous
            substance with the intent to administer such poison to
            any zoo animal in captivity.
            (2.1)  (i)  A person commits a misdemeanor of the first
            degree if he willfully and maliciously:
                    (A)  Kills, maims, mutilates, tortures or
                disfigures any dog or cat, whether belonging to
                himself or otherwise. If a person kills, maims,
                mutilates, tortures or disfigures a dog guide for an
                individual who is blind, a hearing dog for an
                individual who is deaf or audibly impaired or a
                service dog for an individual who is physically
                limited, whether belonging to the individual or
                otherwise, that person, in addition to any other
                applicable penalty, shall be required to make
                reparations for veterinary costs in treating the dog
                and, if necessary, the cost of obtaining and training
                a replacement dog.
                    (B)  Administers poison to or exposes any
                poisonous substance with the intent to administer
                such poison to any dog or cat, whether belonging to
                himself or otherwise.
                (ii)  Any person convicted of violating the
            provisions of this paragraph shall be sentenced to pay a
            fine of not less than $1,000 or to imprisonment for not
            more than two years, or both. The court may also order a
            presentence mental evaluation. A subsequent conviction
            under this paragraph shall be a felony of the third
            degree. This paragraph shall apply to dogs and cats only.
                (iii)  The killing of a dog or cat by the owner of
            that animal is not malicious if it is accomplished in
            accordance with the act of December 22, 1983 (P.L.303,
            No.83), referred to as the Animal Destruction Method
            Authorization Law.
            (3)  This subsection shall not apply to:
                (i)  the killing of any animal taken or found in the
            act of actually destroying any domestic animal or
            domestic fowl;
                (ii)  the killing of any animal or fowl pursuant to
            the act of June 3, 1937 (P.L.1225, No.316), known as The
            Game Law, or 34 Pa.C.S. §§ 2384 (relating to declaring
            dogs public nuisances) and 2385 (relating to destruction
            of dogs declared public nuisances), or the regulations
            promulgated thereunder; or
                (iii)  such reasonable activity as may be undertaken
            in connection with vermin control or pest control.
        * * *
        Section 2.  Section 7508(a) of Title 18 is amended by adding
     a paragraph to read:
      § 7508.  Drug trafficking sentencing and penalties.
        (a)  General rule.--Notwithstanding any other provisions of
     this or any other act to the contrary, the following provisions
     shall apply:
            * * *
            (8)  A person who is convicted of violating section
        13(a)(14), (30) or (37) of The Controlled Substance, Drug,
        Device and Cosmetic Act where the controlled substance or a
        mixture containing it is 3,4-methylenedioxyamphetamine; 3,4-
        methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-
        methylenedioxyamphetamine; or their salts, isomers and salts
        of isomers, whenever the existence of such salts, isomers and
        salts of isomers is possible within the specific chemical
        designation, shall, upon conviction, be sentenced as set
        forth in this paragraph:
                (i)  When the aggregate weight of the compound or
            mixture containing the substance involved is at least 50
            tablets, capsules, caplets or other dosage units, or 15
            grams and less than 100 tablets, capsules, caplets or
            other dosage units, or less than 30 grams, the person is
            guilty of a felony and, upon conviction thereof, shall be
            sentenced to imprisonment not exceeding five years or to
            pay a fine not exceeding $15,000, or both.
                (ii)  When the aggregate weight of the compound or
            mixture containing the substance involved is at least 100
            tablets, capsules, caplets or other dosage units, or 30
            grams and less than 1,000 tablets, capsules, caplets or
            other dosage units, or less than 300 grams, the person is
            guilty of a felony and, upon conviction thereof, shall be
            sentenced to imprisonment not exceeding ten years or to
            pay a fine not exceeding $100,000, or both.
                (iii)  When the aggregate weight of the compound or
            mixture containing the substance involved is at least
            1,000 tablets, capsules, caplets or other dosage units,
            or 300 grams, the person is guilty of a felony and, upon
            conviction thereof, shall be sentenced to imprisonment
            not exceeding 15 years or to pay a fine not exceeding
            $250,000, or both.
        * * *
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER