HB 2729

                                                PRINTER'S NO.   3811
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2729
                                          Session of
                                            2026
INTRODUCED BY PASHINSKI, PUGH, GUZMAN, McNEILL, SHUSTERMAN,
   HILL-EVANS, PROBST, HADDOCK, SANCHEZ, D. WILLIAMS, McANDREW,
   MADSEN, STEELE, HANBIDGE, MERSKI AND MALAGARI, AUGUST 5, 2026
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
   AUGUST 7, 2026
                               AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2    Judicial Procedure) of the Pennsylvania Consolidated
3    Statutes, in riot, disorderly conduct and related offenses,
4    providing for the offense of animal hoarding; and, in
5    sentencing, providing for sentencing for animal hoarding.
6    The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8    Section 1.    Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 5532.1.   Animal hoarding.
11    (a)   Offense defined.--A person commits a misdemeanor of the
12 third degree if the person maintains an animal on real property
13 which results in unsanitary, unhealthful, malodorous or
14 dangerous conditions for an individual, the animal or real
15 property.
16    (b)   Separate offense.--Each animal maintained in violation
17 of subsection (a) constitutes a separate offense.
18    (c)   Applicability.--This section shall not apply to animals
1 that meet the definition of "agricultural commodity" under 3
2 Pa.C.S. § 4502 (relating to definitions).
3    Section 2.  Title 42 is amended by adding a section to read:
4 § 9720.9.       Sentencing for animal hoarding.
5    The following apply to sentencing for an offense under 18
6 Pa.C.S. § 5532.1 (relating to animal hoarding):
7(1)    Prior to sentencing the defendant, the court shall
8    order an evaluation to be performed by a mental health
9    professional to determine if the defendant, at the time of
10    the commission of the offense, suffered from or acted in
11    accordance with a psychological or psychiatric disability.
12(2)    Sentencing shall not be scheduled until at least 10
13    days after the court receives the evaluation under paragraph
14    (1).
15(3)    At sentencing, if the court finds by a preponderance
16    of the evidence that the defendant, at the time of the
17    commission of the offense, suffered from or acted in
18    accordance with a psychological or psychiatric disability,
19    the court shall:
20(i)    order the defendant to:
21(A)   undergo treatment appropriate to the
22diagnosis; and
23(B)   submit a report of treatment; and
24(ii)    stay the action against the defendant pending
25submission of the report under subparagraph (i)(B).
26(4)    Upon review of the report under paragraph (3)(i)(B),
27    if the court determines that the treatment under paragraph
28    (3)(i)(A) is successful, the court shall do all of the
29    following:
30(i)    Order forfeiture under 18 Pa.C.S. § 5554
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1      (relating to forfeiture).
2(ii)    Order prohibition of ownership under 18 Pa.C.S.
3      § 5555 (relating to prohibition of ownership).
4(iii)    Reverse the conviction.
5(iv)    Order expungement under 234 Pa. Code Rule 790
6      (relating to procedure for obtaining expungement in court
7      cases; expungement order) of:
8(A)   the complaint against the defendant under
9234 Pa. Code Rule 502(1) (relating to instituting
10proceedings in court cases); or
11(B)   the record of the defendant's arrest under
12234 Pa. Code Rule 502(2).
13(v)    Order the prosecuting authority to maintain a
14      confidential record of matter expunged under subparagraph
15      (iv).
16  Section 3.     This act shall take effect in 60 days.
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