Newsflash

A Bill that was fast-tracked through the PA House of Representatives, Senate and signed by Governor Wolf is not what it claims to be. The statements to the media by its sponsors imply that it is only a restructuring of existing Cruelty Laws and some increase in the category of some of those offenses (i.e. from a summary offense to third degree misdemeanor). While those elements are in the House Bill 1238, there are also some troubling provisions in it that are not part of current PA Law.  This new Law is a disaster for anyone who values their Liberty and Rights.

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The News

 

1             (ii)  The provisions of this paragraph shall not    

2         prevent a veterinarian from docking, cutting or cropping    

3         the whole or part of the tail of a dog when the dog is    

4         anesthetized AT LEAST 12 WEEKS OF AGE AND THE PROCEDURE    <--    

5         IS PERFORMED USING GENERAL ANESTHESIA and shall not    

6         prevent a person from causing or procuring the cutting or    

7         docking of a tail of a dog by a veterinarian AS PROVIDED   <--    

8         IN THIS PARAGRAPH.    

9             (iii)  The possession by a person of a dog with a   

10         tail cut off or docked and with the wound resulting   

11         therefrom unhealed shall be prima facie evidence of a   

 

12         violation of this paragraph by the person, except as   

13         provided in this paragraph.   

14             (iv)  A person residing in or doing business in the Commonwealth who procures the cutting off or   

15         docking of a tail of a dog shall record the procedure[and   

16         keep the record]including, but not limited to the name of the person performing the procedure, his or her qualification to perform the procedure, and the date and location at which it was performed.  The record shall be kept as long as the dog is in his or her possession and shall be transferred, with the dog.    

17         (4)  (i)  A person commits a summary offense if the   

18         person surgically births or causes or procures a surgical   

19         birth.   

20             (ii)  The provisions of this section shall not   

21         prevent a veterinarian from surgically birthing a dog   

22         when the dog is anesthetized and shall not prevent any   

23         person from causing or procuring the birthing by a   

24         veterinarian.   

25             (iii)  The possession by a person of a dog nursing     <--   

26         puppies and with a wound resulting from a surgical birth   

27         unhealed shall be prima facie evidence of a violation of   

28         this paragraph by the person, except as provided in this   

29         paragraph.   

30             (iv)  A person residing in or doing business in the Commonwealth who procures the surgical birth of a    20080H2532B4327                  - 4 -