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Legislation introduced recently in the state House of Representatives wouldn't bring an automatic stop to incidents of animal cruelty that routinely pop up around the commonwealth.
But we do think Rep. Eddie Pashinski's House Bill 2279 could be a useful tool for local law enforcement and judges as they deal with animal neglect cases that happen with alarming regularity in both Warren County and the rest of Pennsylvania.
While state law recognizes “neglect” and “cruelty” to animals, Pashinski wants state law to also include “animal hoarding” and provide for mental health evaluations for the defendant prior to the sentencing period. The animal hoarding offense would be a third-degree misdemeanor, according to the text of House Bill 2729, and apply if a person keeps an animal on real property which results in unsanitary, unhealthy, malodorous or dangerous conditions for an individual, the animal or real property. Each animal maintained would constitute a separate offense. Pashinski’s bill would not apply to animals that meet the definition of an agricultural commodity, which would include livestock and their products, poultry and poultry products and ranch-raised furbearing animals, provided they are transported or intended to be transported in commerce. Penalties could include forfeiture of the animal and prohibition against owning more animals. If treatment is successful, the court can also reverse the conviction or expunge the conviction from the person’s permanent record.
“Hoarding can often be a symptom of a mental health crisis or condition,” Pashinski wrote. “Owners can accumulate animals for a variety of reasons, such as fear of abandonment or fear of the animal’s safety; not realizing the harm they are causing. A mental health evaluation could give an owner the information needed to obtain adequate medical care, engage in treatment planning, or be prescribed medications, to prevent future instances of hoarding.”
Pashinski is onto something, in our opinion. There are some cases of animal neglect or animal cruelty for which there is simply no good reason. But there are other cases where underlying issues are a factor in the neglect of animals where treatment or counseling could legitimately help while, at the same time, allowing local agencies to protect the health and welfare of animals that have found themselves in a bad situation.
Rhode Island and Illinois have implemented similar programs. In our view Pennsylvania should join them.