PRINTER'S NO. 1800
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1624
Session of
2021
INTRODUCED BY HANBIDGE, MALAGARI, ISAACSON, HOHENSTEIN, SANCHEZ,
SOLOMON, KINKEAD, SCHLOSSBERG AND BURGOS, JUNE 14, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2021
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, in riot, disorderly conduct and
3 related offenses, further providing for the offense of animal
4 mutilation and related offenses.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5542 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended by adding a subsection to read:
9 ยง 5542. Animal mutilation and related offenses.
10 * * *
11 (e.1) Declawing of cats.--The following apply:
12 (1) A person commits an offense under section 5533 if
13 the person performs an onychectomy, a declawing, partial
14 digital amputation, phalangectomy or tendonectomy procedure
15 by any means unless the procedure is deemed necessary for a
16 therapeutic purpose by a licensed doctor of veterinary
17 medicine. The offense under this subsection shall include any
18 procedure to alter a cat's toes, claws or paws to prevent the
19 normal functioning of the cat's toes, claws or paws. The
1 offense under this subsection shall not include the trimming
2 of a nonviable claw husk or placing a nonpermanent nail cap
3 on a cat.
4 (2) Notwithstanding the provisions of paragraph (1), if
5 a licensed veterinarian determines that a phalangectomy
6 procedure is necessary for a therapeutic purpose, the
7 licensed veterinarian, on or before 10 business days after
8 performing the procedure, shall file a written statement with
9 the animal control agency with jurisdiction over the area in
10 which the procedure was performed stating the purpose for the
11 phalangectomy, onychectomy, partial digital amputation or
12 tendonectomy procedure, including a laboratory pathology
13 report confirming the pathology, identifying information of
14 the cat, including its microchip number if applicable, age,
15 gender, markings and a photo of the face and current address
16 and telephone number of the owner or keeper of the cat. The
17 licensed veterinarian shall provide a copy of the written
18 statement to the owner or keeper of the cat.
19 (3) As used in this subsection, the following words and
20 phrases shall have the meanings given to them in this
21 paragraph unless the context clearly indicates otherwise:
22 "Onychectomy." A procedure in which a portion of the paw
23 of a cat is amputated or removed or disables a claw,
24 including procedures commonly referred to as declawing.
25 "Partial digital amputation." A procedure for the
26 excision of some or all of one or more of the phalanges of
27 the paw of a cat.
28 "Phalangectomy." A procedure for the excision of one or
29 more of the phalanges of the paw of a cat.
30 "Tendonectomy." A procedure in which the tendons to the
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1 limbs, paws or toes of a cat are cut or modified so that the
2 cat's claws cannot function normally.
3 "Therapeutic purpose." A purpose necessary to address
4 the physical medical condition of the cat, such as an
5 existing or recurring physical illness, infection, disease,
6 injury or abnormal condition in a claw that compromises the
7 cat's health. The term does not mean cosmetic or aesthetic
8 reasons or reasons of convenience in keeping or handling the
9 cat.
10 * * *
11 Section 2. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 1800: 18-5542