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Home My WebLink About05-4007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA In re PENNSYLVANIA LEGISLATIVE ANIMAL NETWORK No: OS~ 4007 ~J~ Petitioner PETITION FOR APPOINTMENT OF JOHNNA SEETON AS HUMANE SOCIETY POLICE OFFICER To THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: The Pennsylvania Legislative Animal Network ("PLAN") by its attorney Gordon A. Einhorn, hereby moves this Court for an order appointing Johnna Seeton as a Humane Society Police Officer and respectfully represents in support thereof as follows: I. The Pennsylvania Legislative Animal Network is a non-profit corporation organized and existing under the laws of the Commonwealth of Pennsylvania for the purpose of preventing cruelty to animals. Its principle office and place of business is located at 310 Market Street, Box lOS, Harrisburg, PA 17101. 2. Johnna Seeton, an adult individual residing at 119 South Street, Harrisburg, Pennsylvania 17101 was appointed a Humane Society Police Officer on July 7, 1998 by the Court of Common Pleas of Dauphin County in accordance with the provisions of the Humane Society Police Officer Enforcement Act, 3 P.S. ~ 456.1 et seq. and has served PLAN as an anti-cruelty investigator since August 3, 1998. 3. PLAN desires that Johnna Seeton be appointed as a Humane Society Police Officer in Cumberland County and submits this petition for appointment pursuant to Act of November 30, 2004, P.L. 1603, No. 20S, 22 Pa. C.S.A. ~ 3701 et seq. (the "Act"). A true and correct copy of the Act is attached hereto as Exhibit A. 4. This Court has jurisdiction and authority under Section 3704(a) of the Act to appoint Johnna Seeton as a Humane Society Police Officer with authority to act in Cumberland County upon evidence that Johnna Seeton has satisfied the requirements of Section 370S of the Act. S. Evidence of compliance with the requirements of Section 370S of the Act is furnished as follows: (a) Johnna Seeton has been a resident of the Commonwealth of Pennsylvania for the twelve (12) months previous to the date hereof. (b) Johnna Seeton has successfully completed the training program established pursuant to Section 3712 of the Act as evidenced by Certificates of Satisfactory Completion of such training attached hereto as Exhibits B and C. (c) Johnna Seeton has obtained a criminal history report, a copy of which is attached hereto as Exhibit D. (d) Johnna Seeton has not been convicted of a felony or serious misdemeanor, as shown by the criminal history report attached as Exhibit D. (e) Johnna Seeton has not been convicted of any offense, including a summary offense, related to cruelty of animals as shown as by Exhibit D. (f) Johnna Seeton has not been convicted in any other jurisdiction of an offense equivalent to an offense graded a felony, a serious misdemeanor, or an offense of cruelty to animals. 2 6. Johnna Seeton is directed by PLAN to act as a Humane Society Police Officer, when so assigned in Cumberland County. 7. Johnna Seeton has met in all respects, the requirements of the Act for appointment as a Humane Society Police Officer. WHEREFORE, Pennsylvania Legislative Animal Network requests that this Honorable Court enter an order appointing Johnna Seeton as a Humane Society Police Officer for Pennsylvania Legislative Animal Network in accordance with the Act of November 30, 2004, P.L. 1603, No. 20S, 22 Pa. C.S.A. ~ 3701 et seq., or, in the alternative, that it fix a date for hearing for review of the qualifications of Johnna Seeton for appointment as a Humane Society Police Officer in Cumberland County. Respectfully submitted, , ordon A. Einhorn - I.D. No. S9006 HANGLEY ARONCHICK SEGAL & PUDLlN 30 North Third Street, Suite 700 Harrisburg, PA 17101-1713 (717) 364-1004 (717) 364-1020 - facsimile e-mail: geinhorn@hanglev.com Attorney for Petitioner Pennsylvania Legislative Animal Network Dated: July 20, 200S 3 VERIFICATION I, Johnna Seeton, verify that the statements in the Petition for Appointment of Johnna Seeton as Humane Society Police Officer are true and correct to the best of my knowledge, information and belief. I make this statement subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: 7/~/~- I ulL.,- Johnna Seeton c~ VERIFICA1JON The undersigned, a duly authorized officer of Petitioner Pennsylvania Legislative Animal Network verifies that the statements in the Petition for Appointment of J ohnna Seeton as Humane Society Police Officer are true and correct to the best of my knowledge, information and belief. I make this statement subject to the penalties of 18 Pa. C.S. A9 4904 relating to unsworn falsification to authorities. ..-/ ,1 I) Dated:,,\,j, f 1(-"..iJ(:)(Y) S 0' ~CYU'h JJoj)[AA~l~ e.. ' Pe nsylvama Legislative Animal Network Federated Humane Societies ofPA Page I of 10 Federated Humane Societies of Pennsylvania DETECTIVES AND PRIVATE POLICE (22 P A.C.S.) - HUMANE SOC] OFFICERS, POWERS AND DUTIES OF DEPARTMENT OF AGRICU 'P4t,tf,,~lJl,d. r, "., eo, ,",' ESTABLISHMENT OF HUMANE SOCIETY POLICE OFFICERADV . Act of Nov. 30, 2004, P.L. 1603, No. 205 Session of2004 No. 2004-205 OrganiI.Ul.iO!ls. hY(Q!Jnt.Y Hllmatl~Drficer Tr<i1l)ll1g p:cnn5Ylx'!nl?_J:-1llt1WlteJ..,-,~\.'!: Penqlng, L(:glsJ,giQ!l rPd!-2~1aw ConUrl.!!iDREdUC<ltiOI] C':l,'i(;),,,l.Y>' Shelter Resourc~.;; II1Jhe~_">>:s Merchandise Emolovment OD!!2....l1!Lnities B.Q.<tLcI. MeT'flQeT~ Con,tact Jl~ Disaster Preparedness and Infonnation ;'9 ,::::- , 1 91"--\ PEMA SB 871 AN ACT Amending Title 22 (Detectives and Private Police) of the Pennsylvania Consolidated Statutes, further providing for appointment by nonprofit corporations; providing for humane society police officers' appointment, qualifications, authority and discipline; conferring powers and duties on the Department of Agriculture; establishing the Humane Society Police Officer Advisory Board; and making a related repeal. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 50 I (a) and (c) of Title 22 of the Pennsylvania Consolidated Statutes are amended to read: ~ 501. Appointment by nonprofit corporations. (a) Appointment authorized.--Any nonprofit corporation, as defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations) maintaining a cemetery or any buildings or grounds open to the public, or organized for the prevention of cruelty to children or aged persons [or animals], or one or more of such purposes, may awly to the court of common pleas of the county of the registered office of the corporation for the appointment of such persons as the corporation may designate to act as policemen for the corporation. The court, upon such application, may by order appoint such persons, or as many of them as it may deem proper and necessary, to be such policemen. * * * . (c) Powers.-Such policemen, so appointed, shall severally possess and exercise all the powers of a police officer in this Commonwealth, in and upon, and in the immediate and adjacent vicinity of, the property of the corporation. Policemen so appointed for a corporation organized for the prevention of cruelty to children or aged persons [or animals], or one or more of such purposes, shall severally possess and exercise all the powers of a police officer in any county in which they may be directed by the corporation to act, and are hereby authorized to arrest persons for the commission of any offense of cruelty to children or aged persons [or animals]. The keepers of jails and other places of detention in any county of this Commonwealth o;;:h~n TPl'"pivp ~n nPT'Uln<: ~1TP.rrPil hv <:nrh nnJirpmpn fnr http://humaneinpa.org/sb871.htm OS/02/2005 Federated Humane Societies ofPA Page 2 on 0 ....H..u. .....................u p.............H.... ........................ oJ) ............u y....u........u....u ...... purposes of detention until they are dealt with according to law. Every policeman appointed under this section, when on duty, shall wear a metallic shield with the words "special officer" and the name of the corporation for which appointed inscribed thereon. . . . Se<:tion 2. Title 22 is amended by adding a chapter to read: CHAPTER 37 HUMANE SOCIETY POLICE OFFICERS Se<:. 370 I. Scope of chapter. 3702. Defmitions. 3703. Appointment required. 3704. Appointment by nonprofit corporations. 3705. Qualifications for appointment. 3706. Suspension, revocation, limitation and restriction of appointment; restoration of appointment 3707. Termination of appointment. 3708. Powers and authority; jurisdiction. 3709. Penalties. 371 O. Search wanants. 371 J. Limitation on possession of firearms. 3712. Training program. 3713. Continuing education program. 3714. Statewide registry. 3715. Humane Society Police Officer Advisory Board. 3716. Costs. 3717. Disposition of moneys. 3718. Applicability to currently appointed individuals. ~ 3701. Scope of chapter. This chapter deals with humane society police officers. ~ 3702. DefiDltious. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agrieultunlaulmal." Any bovine animal, equine animal, sheep, goat, pig, poultry, bird, fowl, wild or semiwild anima1 or fish or other aquatic animal that is being raised, kept, transported or utilized for the purpose of or pursuant to agricultural production. " Agrlcultunl productiou." The production and preparation for maiket of agricultural animals and their products and of agricultural. agronomic, horticultural, silviculturaJ and aquaculturaJ crops and commodities. "Board." The Humane Society Police Officer Advisory Board. "Complainant." Any person who has evidence that an individual appointed as a humane society police officer has performed in a manner that is contrary to the standards, requirements and qualifications prescribed in this chapter for appointment of individuals as humane society police officers. The lem1 also includes a district attorney or a municipal solicitor. "Convicted." A finding or verdict of guilt, an admission of guilt or a plea of nolo contendere or receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition offelony charges. "Cruelty to animals laws." The provisions of 18 Fa.C.S. ~ 5511 (relating to cruelty to animals). "DeDartmeot." The Denartment of Agriculture of the http://hurnaneinpa.orglsb871.htm 05/02/2005 Fed'erated Humane Societies ofPA Page 3 of 10 Commonwealth. "Humane society police officer." Any person who holds a current appointment under this chapter to act as a humane society police officer for a society or association for the prevention of cruelty to animals. The term shall include an individual who is an agent of a society or association for the prevention of cruelty to animals as "agent" is used in ] 8 Pa.C.S. ~ 55]] (relating to cruelty to animals), provided that individual holds a current appointment under this chapter. "Secretary." The Secretary of Agriculture of the Commonwealth. "Serious misdemeanor." A criminal offense for which more than one year in prison can be imposed as a punishment. "Society or association." A nonprofit society or association duly incorporated pursuant to ]5 Pa.C.S. Ch. 53 Subch. A (re]ating to incorporation generally) for the purpose of the prevention of cruelty to animals. ~ 3703. Appointment required. It shall be unlawful for any individual to hold himself forth as a humane society police officer unless the individual has obtained an appointment pursuant to this chapter. ~ 3704. Appointment by nonprofit corporations. (a) Application for appointment.-A society or association may apply to the court of common pleas in any county for the appointment of an individual as a humane society police officer for that county. The court, upon such application which includes proof of qualification under section 3705 (relating to qualifications for appointment), shall by order appoint such person to be a humane society police officer. (b) Oath.-Every individual appointed as a humane society police officer pursuant to this chapter shall, before entering upon the duties of the office, take and subscribe to the oath required by Article VI of the Constitution of Pennsylvania. ~ 3705. Qualifications for appointment. An individual shall be qualified for an appointment as a humane society police officer provided the society or association submits proof satisfactory to the court of common pleas in each county for which the society or association directs the individual to act as a humane society police officer that the individual meets all of the following requirements: (I) Has been a resident of this Commonwealth for the previous ] 2 months. (2) Has successfully completed the training program established pursuant to section 3712 (relating to training program). (3) Has obtained a criminal history report from the Pennsylvania State Police pursuant to 18 PaC.s. Ch. 91 (relating to criminal history record information) or a statement from the Pennsylvania State Police that the Pennsylvania State Police central repository contains no pertinent information relating to the individual who is the subject of the application. The criminal history record information shall be limited to that which may be disseminated pursuant to 18 Pa.C.S. ~ 9121(bX2) (relating to general regulations). (4) Has not been convicted of an offense graded a felony __ _ ___=_.._ _:_..1_______ http://hurnaneinpa.org/sb871.htm 05/02/2005 Federated Humane Societies ofPA Page 4 of 10 UJ" C1 :sc:nuus llU:SU~ll1t=i:1llUL (5) Has not been convicted of any violation, including a summary offense, of 18 Pa.C.S. ~ 5511 (relating to cruelty to animals). (6) Has not been convicted of an offense in another jurisdiction, state, territory or country in accordance with the laws of that jurisdiction, state, territory or country equivalent to an offense graded a felony or a serious misdemeanor or an offense of cruelty to animals. ~ 3706. Suspension, revocation, limitation and restridion of appointment; restoration of appointment. (a) Grounds for suspension, revocation, limitation or restriction. -By its own action or pursuant to a written affidavit filed by a complainant, the court of common pleas may, after conducting a hearing, suspend, revoke, limit or restrict an appointment of an individual to act as a humane society police officer in the COlntty if the court determines any of the following: (J) Being convicted of a felony or a serious misdemeanor in any Federal or State court or being convicted of the equivalent of a felony in any foreign country, territory or possession. (2) Being convicted of an offense of cruelty to animals in any Federal or State court or being convicted of the equivalent of a cruelty to animals offense in any foreign country, territory or possession. (3) Presenting false credentials or documents or making a false or misleading statement in the application for appointment or a certification of completion of additional training or submitting an application for appointment or a certification for completion of additional training containing a false or misleading statement. (4) Carrying or possessing a firearm in the performance ofbis or her duties without certification pursuant to section 3711 (relating to limitation on possession of firearms). (5) The individual has conducted his or her authority to enforce animal cruelty laws in a manner that is substandard of conduct normally expected of humane society police officers. (b) Notice to department.-Upon action by the court of common pleas to suspend, revoke, limit or restrict an appointment, the cieri<: of courts of the county shall forward such information to the department for the purpose of the Statewide registry established pursuant to section 3714 (relating to Statewide registry). (c) Restoration.- The court of common pleas may restore a suspended appointment of an individual if the individual provides to the court evidence sufficient to warrant restoratiou and the court determines the grounds for suspension have been satisJilclorily corrected and the individual otherwise qualifies for appointment. ~ 3707. Termination ohppointment. (a) General rule.-AII powers and authority granted to an individual under section 3708 (relating to powers and authority; jurisdiction) shall immediately terminate upon notice to the individual from the society or association for which appointed that services are no longer required of the individual. (b) Notice to court....The society or association must file ""firp Ullthin tpn r1!:w(! nT::' tpTm-in~tin" nf~n innh,irtll\'llJ \'lI~ ~ http://humaneinpaorg/sb871.htm 05/0212005 Federated Humane Societies ofPA Page 5 of 10 HV~~"""" "~,,,.u.'.u ~.....u ........,} ~.......... ~"'~'.u""""'~.""" v.......... ............. ....................... humane society police officer with the clerk of courts in each county in which the individual has been appointed as a humane society police officer. (c) Notice to department.-The society or association must file notice within ten days of a termination of an individual as a humane society police officer with the department for the purpose of providing infonnation relevant to the Statewide registry established pursuant to section 3714 (relating to Statewide registry). ~ 3708. Powers and authority; jurisdiction. (a) Authority limited to county ofappointment.-An individual appointed as a humane society police officer in accordance with this chapter shall have power and authority to exercise the powers conferred under 18 Pa.C.S. ~ 551 I (relating to cruelty to animals) in enforcement of animal cruelty laws only within the particular county whose court of common pleas issued the appointment. The individual has no power or authority to exercise the powers conferred under 18 Pa.C.S. ~ 5511 in any other county whose court of common pleas has not issued an appointment. (b) Notice to district attomey.-Prior to exercising the power and authority set forth by this chapter within a county, each appointed humane society police officer shall file notice, along with a copy of the appointment granted under this chapter, with the district attorney oftbe county. (c) Shield.-Every individual appointed as a humane society police officer under this chapter shall possess a metallic shield with the words "humane society police officer" and the name of the society or association for which the individual is appointed displayed thereon. (d) Photo identification.-Every individual appointed as a humane society police officer under this chapter shall have a photo identification card issued by the department that contains the following: (I) A photo of the individual taken within the previous 24 months. (2) The name of the individual. (3) The signature oftbe individual. (4) The name of the society or association for which the individual is appointed as a humane society police officer. (5) The address and telephone number of the society or association for which the individual is appointed as a humane society police officer. (6) The date of issuance of the photo identification card. ~ 3709. Penalties. (a) Criminal penalties.-A person who violates this chapter commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of up to $1,000 or to imprisonment for not more than 90 days, or both. (b) Civil penalties. - In addition to any criminal penalties or other civil remedy, a person, association or society who violates this chapter may be subject to a civil penalty of up to $1,000. ~ 3710. Search warrants. Notwithstanding contrary provisions of 18 Pa.C.S. ~ 5511(1) (relating to cruelty to animals) and in addition to the ..""n..;,..."........""......" "'f'.....,.;....t;........ J....., ,,11 ..."''''....h H'........'1o..... "..........1;...."'.:;"....~ http://humaneinpa.orglsb871.htm 05/02/2005 Federated Humane Societies ofPA Page 60fW .."YUllt,..U.l\.l.llt;:o V.t .....AJ;)u.J.J5 .lan, au .,"w....J.I VYQ..l.."....IL ap'pJJ~VU~ filed in connection with alleged violations of cruelty to animals laws must bave the approval of the district attorney in the county of the alleged offense prior to filing. * 371 J. Limitation on possession of firearms. No individual appointed as a humane society police officer shall carry, possess or use a firearm in the performance of that individual's duties unless that individual bolds a =rent and valid certification in the use and bandling of firearms purnuant to at least one of the following: (I) 53 Pa.C.s. Cb. 21 Subcb. D (relating to municipal police education and training). (2) The act of October 10,1974 (p.L.705, No.235), known as the Lethal Weapons Training Act. (3) The act of February 9, 1984 (p.L.3, No.2), known as the Deputy Sberiffs' Education and Training Act. (4) Any other firearms program that bas been determined by the Commissioner of the Pennsylvania State Police to be of sufficient scope and duration as to provide the participant with basic training in the use and handling of firearms. * 3712. Training program. (a) Required training.-Every individual, prior to the so<:iety or association making application for appointment as a bumane society police officer, sball successfully complete the minimum requirements for initial training prescribed in the program for initial training of humane society police officers establisbed in accordance with subsections (b), (c), (d) and (e). (b) Contracts.- The secretary, with the advice of the board, sball contract with an accredited college or university, including a community college or other public or private entity, for the establisbment of a program for the training of individuals to act as bumane society police officers. The contracted entity shall forward information pertaining to an individual's successful completion of the initial training program to the deparbnent for the pmpose of maintaining the Statewide registry established pursuant to section 3714 (relating to Statewide registry). (c) Minimwn requirements.-The program for the training of bwnane society police officers shall include at a minimwn 60 bourn of instruction in accordance with subsection (d). (d) Curriculum.- The program for the training ofbwnane so<:iety police officers sball provide instruction in the following instructional areas: (I) At least 36 bourn of instruction sball be provided on the following: (i) Pennsylvania cruelty to animal laws. (Ii) Pennsylvania Rules of Criminal Procedure. (Hi) Care and treatment of animals. (iv) Proper execution of search warrants. (v) Proper searcb and seizure practices. (vi) Any other areas relating to law enforcement duties. (2) At least 24 hours of instruction sball be provided on the following: (i) Animal busbandry practices constituting nonnaI agricultural operation. (Ii) Practices accepted in the agricultural industry in the raising, keeping and production of agricultmal animals_ http://humaneinpa.orglsb871.htrn 05/021200S Federated Humane Societies of P A (iii) Characteristics of agricultural animals likely evidencing care that is in violation of the cruelty to animal laws. (iv) Proper care and handling of agricultural animals pursuant to enforcement of the cruelty to animals laws. (v) Treatments administered and research conducted during the normal scope of veterinarian practices. (e) Final examination. - The training program shall require individuals, as a prerequisite to successful completion of the program, to take and pass a final examination that sufficiently measures the individuals's knowledge and understanding of the instructional material. (1) Current officers.-Individuals who have been appointed as humane society police officers prior to the effective date of this chapter are exempt from the initial training requirements pursuant to this section provided that the individual can provide proof to the secretary of successful completion of a similar training program for hmnane society police officers established under the act of December 12, 1994 (p.L.956, No. 135), known as the Hmnane Society Police Officer Enforcement Act. ~ 3713. Continuing education program. (a) Required training.-During each two-year period following the date in which an individual has been initially appointed as a humane society police officer, the individual shall successfully complete the minimum requirements for additional training prescn'bed in the program for continuous education ofhmnane society police officers established in accordance with subsections (b), (c), (d) and (e). (b) Con1racts.-The secretary, with the advice of the board, shall contract with an accredited college Or university, including a community college or other public or private entity, for the establishment of a continuing education program for the training of individuals to act as humane society police officers. TIre contracted entity shall forward infonnation pertaining to an individual's successful completion of the continuing education program to the department for the purpose of maintaining the Statewide registry established pursuant to section 3714 (relating to Statewide registry.) (c) Minimum requirements.- The continuing education program for the training of humane society police officers shall include at a minimum ten hours of instruction in accordance with subsection (d). (d) Curriculum.- The program for the training of hmnane society police officers shall provide instruction in the following instructional areas: (I) At least six hours of instruction shall be provided on the following: (i) Pennsylvania cruelty to animals laws. (ii) Pennsylvania Rules of Criminal Procedure. (iii) Care and treatment of animals. (iv) Proper completion of search warrants. (v) Proper search and seizure practices. (vi) Any other areas relating to law enforcement duties. (2) At least four hours of instruction shall be provided on the following: (i) Animal husbandry practices constituting nonnal agricultural operation. http://humaneinpa.orglsb871.htm Page 7oflO 05/02/2005 Federated Humane Societies ofPA Page 8 of 10 (ii) Practices accepted in the agricultural industry in the raising, keeping and production of agricultural animals. (iii) Characteristics of agricultural animals likely evidencing care that is in violation of the cruelty to animals laws. (iv) Proper care and handling of agricultural animals pursuant to enforcement of the cruelty to animals laws. (v) Treatments administered and research conducted during the normal scope of veterinarian practices. (e) Automatic suspension.-Failure to complete the continuing education program as prescnbed in subsection (a) shall result in an individual's automatic suspension of the powers and authority set forth in section 3708 (relating to powers and authority; jurisdiction) Wltil such time as the individual successfully completes the continuing educatioo requirements. ~ 3714. Statewide registry. (a) Establishment.- There is hereby established a Statewide registry within the department for the pllIJlOse of maintaining infonnation relating to individuals appointed as humane society police officers. (b) Access toregistry.-The infonnation included within the Statewide registry shall be made accessible to the public through the department's World Wide Web site and sball include the following: (I) The name of each individual appointed as a humane society police officer. (2) The name and address of the society or association for which each individual is appointed as a humane society police officer. (3) The counties in which the individual has been appointed as a humane society police officer and dates of appointment. (4) The counties in which the individual has had an appointment revoked, suspended, limited or restricted, the action taken by the court and dates of action. (5) The dates of successful completion of the training program established in section 3712 (relating to training program) and the continuing education program established in section 3713 (relating to continuing education program). (c) Updates.- The department shall update the registry within ten days of receiving information required for inclusion on the Statewide registry. (d) Confidential infonnation.-At no time shall the home address or any other related personal information of an individual appointed as a humane society police office be made public through the Statewide registry. ~ 3715. Humane Society Police omcer Advisory Board. (a) Advisory board.- The secretary shall appoint a Humane Society Police Officer Advisory Board to advise him in the administration of this chapter. (b) Membership.-The board shall consist of the following: (I) The secretary or his designee, who shall act as a chairman. (2) A representative of a society or association for the prevention of cruelty to animals. (3) A humane society police officer. ..,.... .. __H_ u____"-_"-,_._ _r_ ......_..____~.,_ ___.._..!_._~_ _n _ J!,_' htto://humaneinoa.org/sb871.htm 05/02/2005 Federated Humane Societies of P A Page 9 of! 0 \4) f\ repreSenIaUVe OJ a ;:,UlIeWlue velennary memcal association. (5) A representative of a farm organization. (6) A district attorney or his designee. (7) A representative of the police. (8) A district justice. (9) A court of common pleas judge or his designee. (10) A clerk of courts. (ll) A representative of the Pennsylvania Game Commission. (c) Terms.-- The length of the initial term of each appointment to the board shall be set by the secretary and shall be staggered so that the terms of approximately one-third of the appointments expire every other year. (d) Absences.- Three consecutive lIDexcused absences from regular board meetings or failure to attend at least 50",1. of the regularly scheduled board meetings in any calendar year shall be considered cause for tennination of appointment unless the secretary, upon written request of the member, finds that the member should be excused from attending a meeting because of illness or death of a family member or for a similar emergency. (e) Vacancies. --Vacancies in the membership of the board shall be filled for the balance of an unexpired term in the same manner as the original appointment. (f) Recommendations.- The board may make nonbinding recommendations to the secretary on all matters related to the provisions of this chapter. ~ 3716. Costs. In addition to any fines, fees or other penalties levied or imposed lIDder this chapter or any other statute, a cost of $50 shall be imposed upon conviction for any violation of 18 Pa.C.S. ~ 55]] (relating to cruelty to animals) other than a summary offense. Costs collected lIDder this section shall be disposed of in accordance with section 3717 (relating to disposition of moneys). ~ 3717. Disposition olmoneys. Notwithstanding the provisions of 42 Pa.C.S. ~~ 3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal corporation portion offines, etc.), all costs imposed and collected under sections 3709 (relating to penalties) and 3716 (relating to costs) by a division of the unified judicial system existing lIDder section I of Article V of the Constitution of Pennsylvania and 42 Pa.C.S. ~ 301 (relating to unified judicial system) shall be remitted to the Commonwealth for use by the department for administering this chapter. ~ 3718. Applialbility to currently appointed individuals. Any individual appointed prior to the effective date of this chapter as a humane society police officer in the county of the registered office of the society or association for which the individual was previously appointed shall not be required to apply for appointment by the court of common pleas in that county under this chapter. Such individual shall be required to apply for appointment pursuant to section 3704 (relating to appointment by nonprofit corporations) in each county other than the initial county of appointment if directed by the society or association. http://humaneinpaorg/sb871.htm 05/02/2005 Federated Humane Societies ofP A Section 3. The act of December 12, 1994 (P.L.956, No.135), known as the Humane Society Police Officer Enforcement Act, is repealed. Section 4. This act shall take effect in 180 days. APPROVED-The 30th day of November, A. D. 2004. EDWARD G. RENDELL http://hmnaneinpaorg/sb871.htm PagelOofl'O 05/0212005 Vice Provost's Certificate 070bvna -E EfP~ has participated in and successfully completed Pennsylvania Humane Police Officer Training 32 hours offered by the Law Enforcement Training Institute School of Law and University Extension In Witness whereof this certificate is awarded this 6th day of March, 1997 ?~WJ Acting De . ch 01 of Law (~~/ Interim VIce Provost, Extension THE PENNSYLVANIA STATE UNIVERSITY COLLEGE OF AGRICUL TURAlL SCIENCES CERTIFICA TE OF COMPLETION J ohnna L. Seeton has successfully completed Pennsylvania Humane Society Police Officer Training Part II - Animal Husbandry (at least 28 hours) offered in 1997 by Department of Dairy and Animal Science and Cooperative Extension In Witness whereof this certificate is awarded 31 May 1997 ~~O-- ~ Coordinator ane Society Police Officer Training Program fl-J.~. W__,_ << Associa e Dean College of Agricultural Sciences Hereby Certifies That cS10hmma EfP edtYn has successfully completed National Cruelty Investigations School Leve I III 40 hours offered by the Law Enforcement Training Institute School of Law and University Extension in conjunction with the American Humane Association In Witness whereof this certificate is awarded &5~ IOy 1998 &;1,..<- d ~" ~Chil.n~lloT '---.. /a~/ ViOl!' Provost, Extension ?~.. Duo, Sc of UW n 0 E '<t t 0\ ::;J 0- t C ::; - I <.J - 0 'i: 0 .... 10 ~I > ::;J <.J .., - > - .... 0 <.J en ~ ..: C ::;J - ~ C u 0 0 ~ <II , <D c ,!; "" .... II 0 <D ~ ~ a.. c ~ "0 E It 0 ::;J '" - ::J <:; .... 0 :;:: 0 ':; 0 0 .S l c' 0 E ,[ (/) ~ It ::J f '" <D u ::J 0 ",..t: .1 += UJ ..c en o .... tt, ..... ......c II <D ~ 0 a:J Q) 0...... '" .- ~I c 0 c ;= 0 0 0 c ::::: 's: .... 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I ~ : ~ r I,' , . !if.. .<,1 t ?i ~ I ~ Ii' ,p' \ "it ~.. ~ . ,............' . ,--.--.---,.-.--- . '~." . [' Ill, . ""'" '." .' ,. !J!!'c '. -.---' ",'If" __e....._.. ,..., " 1_]1"' :~~:; ~:~=';~ . ': ,:t;li' SP4-164 (10-96) FOR CENTRAL REPOSITORY USE ONLY PENNSYLVANIA STATE POLICE (LEAVE BLANKI REQUEST FOR CRIMINAL RECORD CHECK TYPE OR PRINT I.EGtBL Y WITH INK PART I : TO BE COMPLETED BY REQUESTER DATED~R;;:~/C;7 INFORMATION 'MlL BE MAILED TO REQUESTER ONLY NAME OF REQUESTER: liN!l5Y"-II/MJJ1 LcS{/'sL."mvG ;t1V;4'11i- )/ffl.(/Ol(k.. ADORESS: P. (1 3bj(, /205"S- CITY: ~;l?15.8t7"etf STATE .P# ZIP: /7/C!g> AREA CODE: CONTACT TELEPHONE NUMBER: GJ:!Jil ~ IZIZJiliJ REQUESTER IDENT!FICATION (CHECK ONE BLOCK) ~ INDIVIDUAL I NONCRIMINAL JUSTICE AGENCY. ENCLOSE A CERTIFtED CHECK J MONEY ORDER IN THE A.MOUNT OF $10.00 PAYABLE TO: "COMMONWEALTH OF PENNSYLVANIA" THE FEE IS NONREFUNDABLE. >"00 NOT SEND CASH OR PERSONAL CHECK>>> 0 NONCRIMINAL JUSTICE AGENCY. FEE EXEMPT NAME I SUBJECT OF RECORD CHECK: {LAST} (F!RST) (MtDDlE) SEE6C/VN :)O/fNNIJ. LyN'/o! M.A.IOEN NAME AND 1 OR ALIASES: SOCIAL SECURITY NUMBER {sac}: DATE OF BIRTH {DaB}: SEX; RACE: /8'3-36- 99'S 0'1/07/1'1 F CIJ.<JuJi;4 ReASON FOR REQUEST: (CHECK ONE BLOCK) 0 EMPLOYMENT 1&1 OTHER (SPECIFY) JiEdtlCE: /IS IJ m J!vM.Je' SOc.n:ry /6~/C-E OFACE~, 0 INDIVIDUAL ACCESS AND REVIEW BY SUBJECT OF RECORD CHECK OR LEGAL REPRESENTATIVE (AFFIDAVIT OF LEGAL REPRESENTATION ATTACHED) )TE" A "NO RECORD" RESPONSE MAY TAKE THREE weEKS TO PROCESS; IF THIS FORM is NOT LEGIBLE OR NOT PROPERLY COMPLETED. IT A "RECooD" RESPON;';~;'A~;;:'S LONGER THAN A "NO oECORrr;:~SPONSE. WilL BE RETURNED UNPROCESSED TO THE REQUESTER. QUESTER CHECKLIST AFTER COMPLETION, MAll TO: DID YOU F~TER THE FUll NAME, DaB, AND SOC? DID YOU ENCLOSE THE $10.00 FEE (CERTIFIED CHECK I MONEY ORDER)? PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY.164 j 1800 ELMERTON AVENUE ... DO NOT sEND CASHI PERSONAL CHECKm HARRISBURG. PENNSYLVANIA 11110-9158 DID YOU ENTER YOUR COMPLETE ADDRESS INCLUDING ZIP CODE (111)183-9913 AND TELEPHONE NUMBER IN THE BLOCKS PROVIDED? .ORMATION DISSEMINATeD BY THE CENTRAL REPOSITORY IS BASED SOLELY N ~LOwtNG IOENTIFIER$. THAT MA. TCH THOSE FURNISHEO BY THE REaUEsTE >>>00 NOT WRITE BELOW THIS LINE!>'> n II: CENTRAL REPOSITORY RESPONSE MAr DISSEMINA. TED; 'f",NO RECORD 0 CRIMINAL RECORD ATTACH INQUIRY' DISSEMINATED BY: SIONO: CERTlFIEO BY: q-l("-~)~:'" Iii 27 .- I -~.... ,;.; NAME DATE OF BIRTH o SOCIAL SECURITY NUMBER DRACE o MAIDEN I ALIAS NAME (DIRECTOR, CENTRAL REPOSITORY) SEX :mse is based on a comparison of data provided by the requester in Part I against information contained in th~ files of the Pennsylvania State Police Central yonly, The Pennsylvania State Pollee response does not preclude the existence of criminal records which might be contained in the repositories of other local, ~deral criminal justice agencies. ___..u nlstory - Record Check Status l'age 1 or 1 Colonel Jeffrey B. Miller Home Record Check ... Gov. E r Record Check Status To perform a search on a record check request you must enter in aft the data exactly as it was ente original record check request. If a middle name was entered on the original request then you must exactly. Control Number: First Name: IR1470436 IJOhnna IL ISeeton 10111112005 * * Middle Name: Last Name: Date of Request: * (MM/DDIYYYY) * Search I Search Results Control # R1470436 1 account{ s} Subject Name Seeton,Johnna L TOTAL: Date of Request 01/11/200505:44 PM Status No Record Page 1 of 1 [1 ] Home I Record Check I Help I Privacy POlicy I PA State Police Home Page Pennsylvarua .. Home Site @ Copyright 2003,04, Commonwealth of PA ' Pennsylvania State Police This Web Site is for Informational Purposes Only - If you have an emergency, crime, or incident to rep( please contact your nearest Police Agency or call 911. lttps://epatch.state.pa. uslRCStatusSearch.jsp 1/24/2005 RECEIVST..)I OrT :? i> LJ)i " ,- , ," IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BY: /Y.)'i In re PENNSYL VANIA LEGISLATIVE ANIMAL NETWORK No: f)S - f007 ~.>J~ ~Yl\ Petitioner ORDER AND NOW, this l'*- day of ~}tHal. - , 200S upon consideration of the Petition of Pennsylvania Legislative Animal Network for the appointment of Johnna Seeton as a Humane Society Police Officer it is ORDERED AND DECREED that Johnna Seeton is appointed Humane Society Police Officer for Pennsylvania Legislative Animal Network in accordance with the Humane Society Police Officer Enforcement Act, Act of ,/, ~/// l-t1- November 30, 2004 P.L. 1603, No. 20S, 22 Pa. C.S.A. ~ 3701 et St;q. J, r;}.t? \ \,0 >- 0 c ~ 0 '-" :.z- c' ..:r .::)","1'" Wz D~ (.:) .. if ,-co ~~.Y~.- G:- ::r: :^-)?J ~5 ';,";$ '-8: , -.:12 ':::i ::0- -"""-.:-;.0 iIjE 0 ; T1 i1J :;e: Po.. ~ "" -<: <::> ::J = (.) '" In re PENNSYLVANIA LEGISLATIVE ANIMAL NETWORK No: oS~ 4007 ~J~ . , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner PETITION FOR APPOINTMENT OF JOHNNA SEETON AS HUMANE SOCIETY POLICE OFFICER To THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: The Pennsylvania Legislative Animal Network ("PLAN") by its attorney Gordon A. Einhorn, hereby moves this Court for an order appointing Johnna Seeton as a Humane Society Police Officer and respectfully represents in support thereof as follows: 1. The Pennsylvania Legislative Animal Network is a non-profit corporation organized and existing under the laws of the Commonwealth of Pennsylvania for the purpose of preventing cruelty to animals. Its principle office and place of business is located at 3 I 0 Market Street, Box 105, Harrisburg, PA 17101. 2. Johnna Seeton, an adult individual residing at ] 19 South Street, Harrisburg, Pennsylvania 17101 was appointed a Humane Society Police Officer on July 7,1998 by the Court of Common Pleas of Dauphin County in accordance with the provisions of the Humane Society Police Officer Enforcement Act, 3 P.S. ~ 4S6.l et seq. and has served PLAN as an anti-cruelty investigator since August 3, 1998. (a) Johnna Seeton has been a resident of the Commonwealth of Pennsylvania for the twelve (12) months previous to the date hereof. 3. PLAN desires that Johnna Seeton be appointed as a Humane Society Police Officer in Cumberland County and submits this petition for appointment pursuant to Act of November 30,2004, P.L. 1603, No. 205, 22 Pa. C.S.A. 93701 et seq. (the "Act"). A true and correct copy of the Act is attached hereto as Exhibit A. 4. This Court has jurisdiction and authority under Section 3704(a) of the Act to appoint Johnna Seeton as a Humane Society Police Officer with authority to act in Cumberland County upon evidence that Johnna Seeton has satisfied the requirements of Section 370S of the Act. 5. Evidence of compliance with the requirements of Section 370S of the Act is furnished as follows: (b) Johnna Seeton has successfully completed the training program established pursuant to Section 3712 of the Act as evidenced by Certificates of Satisfactory Completion of such training attached hereto as Exhibits B and C. (c) Johnna Seeton has obtained a criminal history report, a copy of which is attached hereto as Exhibit D. (d) Johnna Seeton has not been convicted of a felony or serious misdemeanor, as shown by the criminal history report attached as Exhibit D. (e) Johnna Seeton has not been convicted of any offense, including a summary offense, related to cruelty of animals as shown as by Exhibit D. (f) Johnna Seeton has not been convicted in any other jurisdiction of an offense equivalent to an offense graded a felony, a serious misdemeanor, or an offense of cruelty to animals. 2 , 6. Johnna Seeton is directed by PLAN to act as a Humane Society Police Officer, when so assigned in Cumberland County. 7. J ohnna Seeton has met in all respects, the requirements ofthe Act for appointment as a Humane Society Police Officer. WHEREFORE, Pennsylvania Legislative Animal Network requests that this Honorable Court enter an order appointing Johnna Seeton as a Humane Society Police Officer for Pennsylvania Legislative Animal Network in accordance with the Act of November 30, 2004, P.L. 1603, No. 205, 22 Pa. C.S.A. !i 3701 et seq., or, in the alternative, that it fix a date for hearing for review of the qualifications of Johnna Seeton for appointment as a Humane Society Police Officer in Cumberland County. Respectfully submitted, ordon A. Einhorn - I.D. No. 59006 HANG LEY ARONCHICK SEGAL & PUDLlN 30 North Third Street, Suite 700 Harrisburg, PA 17101-1713 (717) 364-1004 (717) 364-1020 - facsimile e-mail: geinhorn@hanglev.com Attorney for Petitioner Pennsylvania Legislative Animal Network Dated: July 20, 200S 3 VERIFICATION !, Johnna Seeton, verify that the statements in the Petition for Appointment of Johnna Seeton as Humane Society Police Officer are true and correct to the best of my knowledge, information and belief. I make this statement subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: 7/~~- --~J- .C~ Johnna Seeton n ..--' .1 '-" iJ Dated:Q1uY'f Ib~;:;(Y) S 0' nsylvania Legislative Animal Network VERIFICA nON The undersigned, a duly authorized officer of Petitioner Pennsylvania Legislative Animal Network verifies that the statements in the Petition for Appointment of Johnna Seeton as Humane Society Police Officer are true and correct to the best of my knowledge, information and belief. I make this statement subject to the penalties of 18 Pa. C.S. AS 4904 relating to unsworn falsification to authorities. -- .. m ~ C' "" )> l o o N ~ ~ ~ l ~ ~ "' U " D ~ ~ " " " Federated Humane Societies ofPA Page 1 of 10 Federated Humane Societies of Pennsylvania DETECTIVES AND PRIVATE POLICE (22 P A.C.S.) - HUMANE SOCJ OFFICERS, POWERS AND DUTIES OF DEPARTMENT OF AGRlCU 'Pc,tf,~lJldC r."co ESTABLISHMENT OF HUMANE SOCIETY POLICE OFFICER ADV . Act of Nov. 30, 2004, P.L.1603, No. 205 Session of2004 No. 2004-205 QrganIZ_J.llOTlS P.Y (Q\HH;i IItlm_une.Qfflcer Tr<:l.il}lng f'.e!1nsy!"xani?J::I1.mlane_LJlw Penciing Leglslatjon .tA_QQgJ.ji~ (.9ntinqi!1gEg_~:tljQn C_<l.~~_ Lil~~ Shelter R~sourc~~ In_ Th~ N~\II_s M~r.~hanq..~ ImQ!..Qy}J1entq~rtunitie1: f}ofln:l.Mempen; ConJgc!Jl~ Disaster Preparedness and Infonnation l'-~I;(PEMA! i . , SB 871 AN ACT Amending Title 22 (Detectives and Private Police) oflbe Pennsylvania Consolidated Statutes, further providing for appointment by nonprofit corporations; providing for humane society police officers' appointment, qualifications, authority and discipline; conferring powers and duties on lbe Department of Agriculture; establishing the Humane Society Police Officer Advisory Board; and making a related repeal. The General Assembly of lbe Commonwealth of Pennsylvania bereby enacts as follows: Section I. Section 501(a) and (c) of Title 22 of the Pennsylvania Consolidated Statutes are amended to read: S 501. Appointment by nonprofit corporations, (a) Appointment authorized--Any nonprofit corporation, as dermed in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations) maintaining a cemetery or any buildings or grounds open to the public, or organized for lbe prevention of cruelty to cbildren or aged persons [ or animals], or one or more of sucb purposes, may aw1y to the court of common pleas oflbe county of the registered office of the corporation for lbe appointment of such persons as the corporation may designate to act as policemen for the corporation. The court, upon such application, may by order appoint sucb persons, or as many of them as it may deem proper and necessary, to be sucb policemen. * * * . (c) Powers.-Such policemen, so appointed, shall severally possess and exercise all the powers of a police officer in this Commonwealth, in and upon, and in the immediate and adjacent vicinity of, the property of the corporation. Policemen so appointed for a corporation organized for the prevention of cruelty to children or aged persons [or animals], or one or more of such purposes, sball severally possess and exercise all the powers of a police officer in any county in which they may be directed by the corporation to act, and are hereby authorized to arrest persons for tbe commission of any offense of cruelty to cbildren or aged persons [or animals]. The keepers of jails and other places of detention in any county of this Commonwealth c;:h::.J1 rPrPlvP ~11 nPt"C.'nnc;: llM"Pdprt hv <:"..-h nnJirprnpn fnr http://humaneinpa.org/sb87l.htm 05/02/2005 Federated Humane Societies ofPA Page 2000 '-'u....~~ ....,...."'.... ...u t''''~...~u... ......................... ""J .............. Y......"'........."'u ....... purposes of detention until they are dealt with according to law. Every policeman appointed under this section, when on duty, shaH wear a metallic shield with the words "special officer" and the name of the corporation for which appointed inscribed thereon. . . . Section 2. Title 22 is amended by adding a chapter to read: CHAPTER 37 HUMANE SOCIETY POLICE OFFICERS Sec. 3701. Scope of chapter. 3702. Defmitions. 3703. Appointment required. 3704. Appointment by nonprofit corporations. 3705. Qualifications for appointment. 3706. Suspension, revocation, limitation and restriction of appointment; restoration of appointment. 3707. Termination of appointment. 3708. Powers and authority; jurisdiction. 3709. Penalties. 3710. Search warrants. 3711. Limitation on possession of firearms. 3712. Training program. 3713. Continuing education program. 3714. Statewide regisby. 3715. Hmnane Society Police Officer Advisory Board. 3716. Costs. 3717. Disposition of moneys. 3718. Applicability to currently appointed individuals, S 3701. Scope of chapter. This chapter deals with humane society police officers. S 3702. Definitions. The foHowing words and phrases when used in this chapter shaH have the meanings given to them in this section unless the context clearly indicates otherwise: "AgricolturaJ animal." Any bovine animal, equine animal, sheep, goat, pig, poulby, bird, fowl, wild or semiwild anirnal or fish or other aquatic animal that is being raised, kept, transported or utilized for the purpose of or pursuant to agricultural production. "Agricultural production." The production and preparation for market of agricultural animals and their products and of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities, "Board." The Hmnane Society Police Officer Advisory Board. "Complainant." Any person who has evidence that an individual appointed as a humane society police officer has performed in a manner that is contrary to the standards, requirements and qualifications prescribed in this chapter for appointment of individuals as humane society police officers. The term also includes a district attorney or a municipal solicitor. "Convicted." A finding or verdict of guih, an admission of guilt or a plea of nolo contendere or receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition offelony charges. "Cruelty to animals laws." The provisions of 18 Pa.C.S. S 5511 (relating to cruelty to animals). "DeDartmeDt." The Devartrnent of Agriculture of the http://humaneinpa.org/sb871.htm OS/02/200S http://humaneinpa.org/sb871.htm OS/021200S Federated Humane Societies ofPA Page 3 of 10 Commonwealth. "Humane society police offieer." Any person who holds a current appointment under this chapter to act as a humane society police officer for a society or association for the prevention of cruelty to animals. The tenn shall include an individual who is an agent of a society or association for the prevention of cruelty to animals as "agent" is used in 18 Pa.e.S. ~ 5511 (relating to cruelty to animals), provided that individual holds a current appointment under this chapter. "Secretary." The Secretary of Agriculture of the Commonwealth. "Serious misdemeanor." A criminal offense for which more than one year in prison can be imposed as a punishment. "Society or association." A nonprofit society or association duly incorporated pursuant to 15 Pa.C.S. Ch. 53 SuOOh. A (relating to incorporation generally) for the purpose of the prevention of cruelty to animals. ~ 3703. Appointment reqnired. It shaU be unlawful for any individual to hold himself furth as a humane society police officer unless the individual has obtained an appointment pursuant to this chapter. ~ 3704. Appointment by nonprofrt corporations. (a) Application for appointment-A society or association may apply to the court of common pleas in any county for the appointment of an individual as a humane society police officer for that county, The court, upon such application which includes proof of qualification under section 3705 (relating to qualifications for appointment), shall by order appoint such person to be a humane society police officer, (b) Oath.-Every individual appointed as a humane society police officer pursuant to this chapter shall, before entering upon the duties of the office, take and subscribe to the oath required by Article VI of the Constitution ofPeunsylvania. ~ 3705. Qualifications for appointment. An individual shall be qualified for an appointment as a humane society police officer provided the society or association submits proof satisfactory to the court of common pleas in each county for which the society or association directs the individual to act as a humane society police officer that the individual meets all of the following requirements: (I) Has been a resident of this Commonwealth for the previous 12 months. (2) Has successfully completed the training program established pursuant to section 3712 (relating to training program). (3) Has obtained a criminal history report from the Pennsylvania State Police pursuant to 18 Pa. C.S. Ch. 91 (relating to criminal history record infonnation) or a statement from the Pennsylvania State Police that the Pennsylvania State Police central repository contains no pertinent infonnation relating to the individual who is the subject of the application. The criminal history record information shall be limited to that which may be disseminated pursuant to 18 Pa.C.S. ~ 9121(bX2) (relating to general regulations). (4) Hasnot been convicted of an offense graded a felony ~_ _ _~_~,_~ ___..l_____.__ Federated Humane Societies ofPA Page 4 of 10 ur a :st:nuu:s I1Jl~Ut::JHt:i:1.IJUr. (5) Has not been convicted of any violation, including a summary offense, of 18 Pa,C.S. ~ 5511 (relating to cruelty to animals). (6) Has not been convicted of an offense in another jurisdiction, state, territory or country in accordance with the laws of that jurisdiction, state, territory or country equivalent to an offense graded a felony or a serious misdemeanor or an offense of cruelty to animals. ~ 3706. Suspension, revocation, limitation and restriction of appointment; restoration of appointment. (a) Grounds for suspension, revocation, limitation or restriction.-By its own action or pursuant to a written affidavit filed by a complainant, the court of common pleas may, after conducting a hearing, suspend, revoke, limit or restrict an appointment of an individual to act as a humane society police officer in the county if the court determines any ofthe following: (I) Being convicted of a felony or a serious misdemeanor in any Federal or State court or being convicted of the equivalent of a felony in any foreign country, territory or possession. (2) Being convicted of an offense of cruelty to animals in any Federal or State court or being convicted of the equivalent of a cruelty to animals offense in any foreign country, territory or possession, (3) Presenting false credentials or documents or making a false or misleading statement in the application for appointment or a certification of completion of additional training or submitting an application for appointment or a certification for completion of additional training containing a false or misleading statement. (4) Carrying or possessing a firearm in the performance of his or her duties without certification pursuant to section 3711 (relating to limitation on possession of firearms). (5) The individual has conducted his or her authority to enforce animal cruelty laws in a manner that is substandard of conduct normally expected of humane society police officers. (b) Notice to department.-Upon action by the court of common pleas to suspend, revoke, limit or restrict an appointment, the clerk of courts of the county shall forward such information to the department for the purpose of the Statewide registIy established pursuant to section 3714 (relating to Statewide registry). (c) Restoration. - The court of common pleas may restore a suspended appointment of an individual if the individual provides to the court evidence sufficient to warrant restoratiou and the court determines the grounds for suspension have been satisfactorily corrected and the individual otherwise qualifies for appointment. ~ 3707, Termination of appoIntment. (a) General rule.-AII powers and authority granted to an individual under section 3708 (relating to powers and authority; jurisdiction) shall immediately terminate upon notice to the individual from the society or association for which appointed that services are no longer required of the individual. (b) Notice to cooo.-- The society or association must me nnt-iN' Ulithin tpn (bv~ (\-f;:t tprtTlin~tinn {)f~n lnrll\llnll~l::1<;:;:t http://humaneinpa.orglsb871.htm 05/02/2005 Federated Humane Societies ofPA Page 5 ofl0 uvu....'" .....uu~ ~....... ""..J............ ~",~'uU.......H. v......... .........................u........ humane society police officer with the clerk of courts in each county in which the individual has been appointed as a humane society police officer. (c) Notice to department.-- The society or association must file notice within ten days of a termination of an individual as a humane society police officer with the department for the purpose of providing information relevant to tbe Statewide registry established pursuant to section 3714 (relating to Statewide registry). ~ 3708. Powers and antbority; jurisdiction. (a) Authority limited to county ofappointment.-An individual appointed as a humane society police officer in accordance with this chapter shall have power and authority to exercise the powers conferred under 18 PaC.s. S 551 I (relating to cruelty to animals) in enforcement of animal cruelty laws only within the particular county whose court of common pleas issued the appointment. The individual has no power or authority to exercise the powers conferred under 18 Pa.C.S. ~ 551 I in any other county whose court of common pleas has not issued an appointment. (b) Notice to district attorney..... Prior to exercising the power and authority set forth by this cbapter within a county, eacb appointed humane society police officer shall file notice, along with a copy of the appointment granted under this chapter, with the district attorney of the county. (c) Sbield.--Every individual appointed as a bumane society police officer under this chapter shall possess a metallic shield with the words "bumane society police officer" and the name of the society or association for which the individual is appointed displayed thereon. (d) Pboto identification.-Every individual appointed as a bumane society police officer under this cbapter sball have a photo identification card issued by the department that contains the following: (I) A photo of the individual taken within the previous 24 months. (2) The name of the individual. (3) The signature of the individual. (4) The name of the society or association for which the individual is appointed as a humane society police officer. (5) The address and telephone number oftbe society or association for which the individual is appointed as a humane society police officer. (6) The date of issuance of the photo identification card. ~ 3709. Penalties. (a) Criminal penalties.-A person who violates this chapter commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fme ofnp to $1,000 or to imprisonment for not more than 90 days, or both. (b) Civil penalties. - In addition to any criminal penalties or other civil remedy, a person, association or society who violates this chapter may be subject to a civil penalty of up to $1,000. ~ 3710. Search warrants. Notwithstanding contrary provisions of 18 Pa.C.S. ~ 5511(1) (relating to cruelty to animals) and in addition to the r""...'.;...""......."".....t.. ....-r ..'Vi.....;...... J",u, ,,11 ....."........1.,. n'................f "'........1;.........;........... http://humaneinpa.org/sb871.htm 05/02l200S Federated Humane Societies of P A Page 6.of]{) t"''1UJ1....Ut\....uL;) VI '-'.AI;')UU5 la>>, au ;)",at\,.u ""U,UQJ.JL "ppu\"aUVll03 filed in connection with alleged violations of cruelty to animals laws must bave the approval of the district attorney in the county of the alleged offense prior to filing. ~ 3711. Limitation on possession of firearms. No individual appointed as a bumane society police officer shall carry, possess or use a firearm in the perfonnance of that individual's duties unless that individual bolds a current and valid certification in the use and handling of firearms pursuant to at least one of the following: (l) 53 Pa.e.S. Cb. 21 Subcb. D (relating to municipal police education and training). (2) The act of October 10, 1974 (P.L. 705, No.235), known as the Lethal Weapons Training Act. (3) The act of February 9,1984 (p.L.3, No.2), known as the Deputy Sheriffs' Education and Training Act. (4) Any other firearms program that has been determined by the Commissioner of the Pennsylvania State Police to be of sufficient scope and duration as to provide the participant with basic training in the use and handling of firearms. S 3712. TrainIng program. (a) Required training.--Every individual, prior to the society or association making application for appointment as a bumane society police officer, sball successfully complete the minimum requirements for initial training prescn'bed in the program for initial training ofbumane society police officen; established in accordance with subsections (b), (c), (d) and (e). (b) Contracts.--The secretai)', with the advice of the board, sball contract with an accredited college or university, including a community college or other public or private entity, for the establishment of a program for the training of individuals to act as humane society police officers. The contracted entity sball fOIWard infonnation pertaining to an individual's successful completion of the initial training program to the department for the purpose of maintaining the Statewide registry established pursuant to section 3714 (relating to Statewide registry). (c) Minimwn requirements.-The program for the training of bumane society police officen; sball include at a minimum 60 hours of instruction in accordance with subsection (d). (d) Curriculum.- The program for the training ofbumane society police officers shaIl provide instruction in the following instructional areas: (l) At least 36 bours of instruction shall be provided on the following: (i) Pennsylvania cruelty to animal laws. (ii) Pennsylvania Rules of Criminal Procedure. (iii) Care and treatment of animals. (iv) Proper execution of searcb warrants. (v) Proper search and seizure practices, (vi) Any other areas relating to law enforcement duties. (2) At least 24 hours of instruction sball be provided on the following: (i) Animal busbandry practices constituting normal agricultural operation. (ii) Practices accepted in the agricultural industry in the raising, keeping and production of agricultural animalc;, http://humaneinpa.org/sb871.htm 05/02/2005 Federated Humane Societies ofPA (iii) Characteristics of agricultural animals likely evidencing care that is in violation of the cruelty to animal laws. (iv) Proper care and handling of agricultural animals pursuant to enforcement of the cruelty to animals laws. (v) Treattnents administered and research conducted during the normal scope of veterinarian practices. (e) Final examination.--The training program shall require individuals, as a prerequisite to successful completion of the program, to take and pass a final examination that sufficiently measures lbe individuals's knowledge and understanding of lbe instructional material. (f) Current officers.--Individuals who have been appointed as humane society police officers prior to the effective date of this chapter are exempt from the initial training requirements pursuant to this section provided that the individual can provide proofto the secretary of successful completion of a similar training program for humane society police officers established under the act of December 12, 1994 (p.L.956, No.l35), known as the Humane Society Police Officer Enforcement Act ~ 3713. Continuing education program. (a) Required training.-During each two-year period following the date in which an individual has been initially appointed as a humane society police officer, the individual shall successfully complete the minimum requirements for additional training prescnoed in the program for continuous education of humane society police officers established in accordance with subsections (b), (c), (d) and (e). '(b) Contracts.- The secretary, with the advice oflbe board, shall contract with an accredited college or university, including a community college or other public or private entity, for the establishment of a continuing education program for the training of individuals to act as humane society police officers. 'The contracted entity sball forward information pertaining to an individual's successful completion of the continuing education program to the department for the purpose of maintaining the Statewide registry establlshed pursuant to section 3714 (relating to Statewide registry.) ( c) Minimum requirements. -- The continuing education program for the training of humane society police officers shall include at a minimum ten hours of instruction in accordance with subsection (d). (d) Curriculum,- The program for lbe training of humane society police officers shall provide instruction in the following instructional areas: (I) At least six hours of instruction shall be provided on the following: (i) Pennsylvania cruelty to animals laws. (ii) Pennsylvania Rules of Criminal Procedure. (iii) Care and treatment of animals. (iv) Proper completion of search warrants. (v) Proper search and seizure practices, (vi) Any other areas relating to law enforcement duties. (2) At least four hours of instruction shall be provided on the following: (i) Animal husbandry practices constitoting normal agricultural operation. http://humaneinpa.org/sb87l.htm Page 7 of 10 05/02/2005 Federated Humane Societies ofPA Page It 000 (ii) Practices accepted in the agricultural industry in the raising, keeping and production of agricultural animals. (iii) Characteristics of agricultural animals likely evidencing care that is in violation of the cruelty to animals laws. (iv) Proper care and handling of agricultural animals pursuant to enforcement of the cruelty to animals laws. (v) Treatments administered and research conducted during the normal scope of veterinarian practices. (e) Automatic suspension.-Failure to complete the continuing education program as prescnOOd in subsection (a) shall result in an individual's automatic suspension of the powers and authority set forth in section 3708 (relating to powers and authority; jurisdiction) until such time as the individual successfully completes the continuing education requirements. ~ 3714. Statewide registry. (a) Establishment.- There is herehy established a Statewide registry within the department for the purpose of maintaining information relating to individuals appointed as humane society police officers. (b) Access to registry.- The infonnation included within the Statewide registry shall be made accessible to the public through the department's World Wide Web site and shall include the following: (I) The name of each individual appointed as a humane society police officer. (2) The name and address of the society or association for which each individual is appointed as a humane society police officer. (3) The counties in which the individual has been appointed as a humane society police officer and dates of appointment. (4) The counties in which the individual bas had an appointment revoked, suspended, limited or restricted, the action taken by the court and dates of action. (5) The dates of successful completion of the training program established in section 3712 (relating to training program) and the continuing education program established in section 3713 (relating to continuing education program). (c) Updates.- The deparlment shall update the registry within ten days of receiving information required for inclusion on the Statewide registry. (d) Confidential information.--At no time sball the borne address or any other related personal information of an individual appointed as a humane society police office be made public through the Statewide registry. g 3715. Humane Society Police Officer Advisory Board. (a) AdvisOl}' board.-The secretary sball appoint a Humane Society Police Officer Advisory Board to advise him in the administration of this chapter. (b) Membersbip.- The board shall consist of the following: (I) The secretary or his designee, who shall act as a chairman. (2) A representative of a society or association for the prevention of cruelty to animals. (3) A humane society police officer. 1''''' . ,__ . _~_ ""...~~____~J_ _._~___:_____ ___J:__l htto:{ lhurnaneinDa.org/sb871.htm 05/02f2005 Federated Humane Societies ofPA Page 9 of! 0 f..4J 1\ represemanve OJ a ~w.(eWlUe ve{crmary mWH.;al association. (5) A representative of a fann organization. (6) A district attorney or his designee. (7) A representative of the police. (8) A district justice. (9) A court of common pleas judge or his designee. (10) A clerk of courts. (II) A representative of the Pennsylvania Game Commission. (c) Tenns.--The length of the initial tem of each appointment to the board shall be set by the secretary and shall be staggered so that the terms of approximately one-third of the appointments expire every other year. (d) Absences.- Three consecutive unexcused absences from regnlar board meetings or failure to attend at least 50"10 of the regularly scheduled board meetings in any calendar year shall be considered cause for temination of appointment unless the secretary, upon written request of the member, finds that the member should be excused from attending a meeting because of illness or death of a family member or for a similar emergency, (e) Vacancies. -Vacancies in the membership of the board shall be filled for the balance of an unexpired tenn in the same manner as the original appointment. (f) Recommendations.--The hoard may make nonbinding recommendations to the secretary on all matters related to the provisions of this chapter. ~ 3716. Costs. In addition to any fines, fees or other penalties levied or imposed under this chapter or any other statute, a cost of $50 shall be imposed upon conviction for any violation of 18 Pa.C.S, ~ 5511 (relating to cruelty to animals) other than a summary offense. Costs collected under this section shall be disposed of in accordance with section 3717 (relating to disposition of moneys). ~ 3717. Dispositron of moneys. Notwithstanding the provisions of 42 Pa.e.S. ~~ 3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal corporation portion of fines, etc.), all costs imposed and collected under sections 3709 (relating to penalties) and 3716 (relating to costs) hy a division of the unified judicial system existing under section I of Article V of the Constitution of Pennsylvania and 42 Pa.C.S, ~ 301 (relating to unified judicial system) shall be remitted to the Commonwealth for use by the department for administering this chapter. ~ 3718. AppJieability to currently appointed individuals. Any individual appointed prior to the effective date of this chapter as a humane society police officer in the county of the registered office of the society or association for which the individual was previously appointed shall not be required to apply for appointment by the court of common pleas in that county under this chapter. Such individual shall be required to apply for appointment pursuant to section 3704 (relating to appointment by nonprofit corporations) in each county other than the initial county of appointment if directed by the society or association. http://hnmaneinpaorglsb871.htrn 05/02/2005 Federated Humane Societies ofPA Section 3. The act of December 12,1994 (P.L.956, No.I35), known as the Humane Society Police Officer Enforcement Act, is repealed. Section 4. This act shall take effect in 180 days, APPROVED-The 30th day of November, A. D. 2004. EDWARD G. RENDELL http://humaneinpa.orglsb871.htrn Page i-&of}-O 05/0212005 ----------- - // , w '=" Ci -;:.; Ol ~2IIl~ Acting Dea, ch 01 of Law (~~/ Interim VIce Provost, Extension Vice Provost's Certificate cS101wvna -3 EfP~ has participated in and successfully completed Pennsylvania Humane Police Officer Training 32 hours offered by the Law Enforcement Training Institute School of Law and University Extension In Witness whereof this certificate is awarded this 6th day of March, 1997 CERTIFICA TE OF COMPLETION THE PENNSYLVANIA ST A TlE UNIVERSITY COLLEGE OF AGR][CUL TUH.A.L SCIENCES J ohnna L. Seeton has successfully completed Pennsylvania Humane Society Police Officer Training Part II - Animal Husbandry (at least 28 hours) offered in 1997 by Department of Dairy and Animal Science and Cooperative Extension In Witness whereof this certificate is awarded 31 May 1997 ~_~e>-- ~ Coordinator mane Society Police Officer Training Program fl-.A.~. W--r, oE Associa e Dean College of Agricultural Sciences ~ Hereby Certifies That eS101vnna E? edon has successfully completed National Cruelty Investigations School Level III 40 hours offered by the Law Enforcement Training Institute School of Law and University Extension in conjunction with the American Humane Association In Witness whereof this certificate is awarded Sl5~ 10/ 1.9.98 ~~.LI d~~ Chanoelloc ---- ?tIJ.. D~a.n, Sc of La:w /~~/ Vice: PCOVl>/it, &tension -------- - "'-. // / ~ ~ c i . l " \', \ u ~ ~ :s g ... ('. - .....- o 'C o 5:: ~ (\) 0.- '0 Cf) (\) .- m .- <6 (/) ~ ~ ::r. "0 (\) '0 .... ~ (\) \J- ~ ~~ -:>cr- -:;..... 0- -t. 0 ....,., -:>rn 0..... 'b'U "'<. .... ~~ .s;. '" ..o~ '" .. ~% -:> t.- 0'5 .S ~ ~ t.- o .. g.~ a.f. 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"3~; *ij ", ~ )1'; , i L_._, , ~;t~''';~_J.l ',"" n~I~,_r~L'~> """'~, _i'~~~j~~ i:~: ;~~>;i;',~. \ ~*:.~)t'4~~~,~, ~;r _ ~., wi'.' ~; ,','.'~ ~ \.' ,t_!: ~,~ 'I ';4 ft~ ~; t I ~; :~ Ii fi . t1 :J iq ~ , I n l P/-.' I ~ ~, ~if j"'" ~ '>" ,,'',; ~. ~ "P .".~ il>. . ' "~i ('x-, t ;-,-, r , " ,r ~" ~ ""-, ~~l ~'; .';j f' .~ i'j ~, ~~ ,\\ "" l~ (~ t(~; r;;. 1 "" ., ~~ "', ~fJ; I ~ ~ , M& ,..J ;~ R:~ ,~ i ~. . :;1 i ~ ~:~ ti !, I.. i ~ I;; i }~ ,'- I I ,,!!, .----- ----- / o o ~ " ~ . ~ ~ " ~ o ~ U . ~ z o " m x :T cr ;:+ o jft3-3/'- 991;8' DATE OF BIRTH (DaB): 0'1/07/'1'-1 SEX: RACE: SP4.1B4 (10.96) PENNSYLVANIA STATE POLICE FOR CENTRAL REPOSITORY USE ONLY (LEAVE BLANK) REQUEST FOR CRIMINAL RECORD CHECK TYPE OR PRINT LEGIBLY WITH INK PART I : TO BE COMPLETED BY REQUESTER DATE OF REQUEST; 0,/ /p/P7 INFORMATION VVlllBE MAilED TO ReQUESTER ONLY NAME OF REQUESTER R:NJJ51LillflJl1 UC:/SL>1nllG' !71V;,,/lL )Jc:rwOl<!K ADDRESS P. () llcx /20.? S- CITY: ~~/5lJl',<'tf STATE fJtl ZIP: /7;011 AREA CODE: CONTACT TELEPHONE NUMBER: [ililiJ 0illJ 15"'17171 &> I REQUESTER JDENTIFICA liON {CHECK ONE BLOCK) JgJ INDIVIDUAL I NONCRIMINAL JUSTICE AGENCY - ENCLOSE A CERTIFIED CHECK I MONEY ORDER IN THE AMOUNT OF $10.00 PAYABLE TO: "COMMONWEALTH OF PENNSYLVANIA" THE FEE IS NONREFUNDABLE. o "'DO NOT SEND CASH OR PERSONAL CHECK'" NONCRIMINAl. JUSTICE AGENCY - FEE EXEMPT NAME I SUBJECT OF RECORD CHECK: (LAST) (FIRST) ':;CWN'NI1 (MIDDLE) S ~tE7DN LYNN MAIDEN NAME AND I OR ALIASES: SOCIAL SECURITY NUMBER (SaC): F C/tVC/J'iJ4, REASON FOR REQUEST: (CHECK ONE BLOCK) D JgJ o EMPLOYMENT OTHER (SPECIFY) )G{'YICE (I' If M JlvI1llWE .Joocry /6kllE OrACE/C INDIVIDUAL ACCESS AND REVIEW BY SUBJECT OF RECORD CHECK OR LEGAL REPRESENTATIVE (AFFIDAVIT OF LEGAL REPRESENTATION ATTACHED) NOTE. A "NO RECORD" RESPONSE MAY TAKE THREE WEEKS TO PROCESS; A "RECORD" RESPONSE TAKES LONGER THAN A "NO RECOR;:;" RESe>ONSE. REQUESTER CHECKLIST DID YOU F~TER THE FULL NAME, DOB, AND SOC? DID YOU ENCLOSE THE $10.00 FEE (CERTifIED CHECK I MONEY ORDER)? IF THIS FORM IS NOT LEGIBLE OR NOT PROPERLY COMPLETED, IT WlllSE RETURNED UNPROCESSED TO THE REQUESTER. AFTER COMPLETION, MAIL TO D CRIMINAL RECORD ATTACH PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY,164 j 1800 ELMERTON AVENUE HARRISBURG, PENNSYLVANIA 17110-9758 (717)783-9973 _ ..~,_,_, "'DO NOT WRITE BELOW THIS LINE!'" ... DO NOT SEND CASHI PERSONAL CHECK'" DID YOU ENTER YOUR COMPLETE ADDRESS INCLUDING ZIP CODE AND TELEPHONE NUMBER IN THE BLOCKS PROVIDED? PART II: CENTRAL REPOSITORY RESPONSE DISSEMINATED: lNQUJRY I DISSEMJNA TED BY: SID NO: THE INFORMATION DISSEMINATED BY THE CENTRAL REPOSITORY IS BASED SOLELY N THE FOLLOWING IDENTIFIERS THAT MATCH THOSE FURNISHED BY THE REaUESTE CERTIFIED BY: D NAME D DATE OF BIRTH o SEX D SOCIAL SECURITY NUMBER DRACE o MAIDEN I ALIAS NAME 97 ~'~e '.-'. I,. I,; '7 L (DIRECTOR CENTRAL REPOSITORY) The Response is based on a comparison of datol provided by the requester in Part I against information contained in the files of the Pennsylvania State Police Central Repository only, The Pennsylvania State Police response does not preclude the existence of criminal records which might be contained in the repositories of other local, state, or federal criminal justice agencies. , Pennsylvania Access To Criminal History - Record Check Status '. . l'age 1 or 1 Colonel Jeffrey B. Miller Home ... Gov. E r Record Check Record Check Status To perform a search on a record check request you must enter in al/ the data exactly as it was ente original record check request. If a middle name was entered on the original request then you must exactly. Control Number: IR1470436 IJOhnna IL ISeeton 101/11/2005 (MMfDD/yyyy) * * First Name: * Middle Name: Last Name: * Date of Request: Search I Search Results Control # R1470436 1 account(s) Page 1 of 1 Subject Name Seeton,Johnna L TOTAL: Date of Request 01/11/200505:44 PM Status No Record [1 ] Home I Record Check I Help I Privacy Policy I PA State Police Home Page Pennsylvania ... Home 5". @ Copyright 2003'04, Commonwealth of PA ' Pennsylvania State Police ThiS Web Site is for Informational Purposes Only - If you have an emergency, crime, or inCident to repl please contact your nearest Police Agency or call 911. https://epatch.state,pans/RCStatusSearch.jsp 1/24/200S .' --.::-J \ (. L, oS' -/.../007 CI'u~L ~'ER.~ Oath of Office COMMONWEALTH OF PENNSYL VANIA ) ) ) ss: COUNTY OF CUMBERLAND I do solemnly swear (or affirm) that I will support, obey and defend the Constitution ofthe United States and the Constitution ofthis Commonwealth and that I will discharge the duties of my office with fidelity. day of ~A--~2' Johnna Seeton Humane Society Police Officer Name and Office of Person Taking Oath Sworn and subscribed before me COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIE H. BUFFINGTON. Notary Public City of Harrisburg. Dauphin County My Commission Expires January 24, 2009 o c.:: ,,". .\.~ ' \., t"'-.,) = = c...rt o rrl <-, f',) o V ::3;; o ..,., =-' --C- rn-!.1 , ~:,r"''' :1-50 "-~(~) D~~ }~ ::<:;' ~, 0:>