Press Release
September 28, 2001
Equine Protection Network, Inc.
Press Releases

September 28, 2001

Truck Driver and New Holland Sales Stables Charged with 61 Counts of Cruelty to Horses

New Holland, PA - On September 17, 2001 the PA SPCA filed 31 counts of Title 18, 5511(e) 1 against Shawn White, the driver of a double deck cattle trailer owned by an OH livestock dealer. On September 26, 2001 the PA SPCA filed 30 counts of Title 18, 5511(e)1 against the New Holland Sales Stables, New Holland, PA.

The charges are the result of an incident on Tuesday, September 4, 2001 when the PA SPCA, assisted by the New Holland Police Department, NHPD, stopped a double deck cattle trailer carrying 31 horses on Tuesday, September 4, 2001 on Route 23 in Lancaster County.

The 31 horses were seized by the PA SPCA and are being held at various locations as evidence in the PA SPCA's criminal investigation.

The PA Horse Transport Law, Act 64, went into effect on August 25, 2001. Act 64 amends Title 18 5511(e), making it illegal to transport any equine animal in a conveyance that has more than one level stacked on top of each other. Each horse is a separate offense. The minimum fine for each count is $50.00. The maximum fine is $750.00 for each count. Jail time may also be imposed. Forfeiture of the animals can also be ordered, along with restitution for the cost of caring for the horses.

Penalties under Title 18, 5511

(m) Forfeiture.--In addition to any other penalty provided by law, the authority imposing sentence upon a conviction for any violation of this section may order the forfeiture or surrender of any abused, neglected or deprived animal of the defendant to any society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth.

(m.1) Fine for summary offense.--In addition to any other penalty provided by law, a person convicted of a summary offense under this section shall pay a fine of not less than $50 nor more than $750 or to imprisonment for not more than 90 days, or both.

A complete history of Act 64 is attached.

In an unrelated incident, Arlow Kiehl, Watertown, NY court appearance scheduled for September 19, 2001 in Barker, NY, for 32 misdemeanor counts of the illegal transport of horses has been rescheduled for December 2001. Mr. Kiehl was arrested in February 2001 in Barker, NY for transporting horses on a double deck trailer from a PA auction.


Members of the EPN first approached the PA legislature in 1996 asking for legislation to ban the use of double deck cattle trailers in PA. Members of the EPN later testified on the cruel and inhumane transport of horses in double deck cattle trailers in June 1998 at a PA House Judiciary Committee hearing held in Gettsyburg, PA. The EPN contacted the New York State Police urging them to step up enforcement of NY law prohibiting the use of double deck cattle trailers. The increased enforcement has resulted in numerous guilty convictions and $8000.00 paid in fines.

Indiana is now following PA's lead and introducing legislation modeled after Act 64 to ban the use of double deckers in IN, home to the infamous Shipshewanna horse auction. Senator Wyss is introducing the legislation.

Act 64- Title 18 5511(e.1)

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for the offense of transporting equine animals in a cruel manner.

Referred to JUDICIARY, March 22, 2001
Reported as amended, April 24, 2001
First consideration, April 24, 2001
Laid on the table, April 24, 2001
Removed from table, May 2, 2001
Second consideration, May 2, 2001
Re-referred to APPROPRIATIONS, May 2, 2001
Re-reported as committed, May 7, 2001
Third consideration and final passage, May 8, 2001 (199-0)

In the Senate

Reported as committed, June 13, 2001
First consideration, June 13, 2001
Second consideration, June 19, 2001
Third consideration and final passage, June 20, 2001 (49-0)
Signed in House, June 21, 2001
Signed in Senate, June 21, 2001
In hands of the Governor, June 22, 2001
Last day for action, July 2, 2001
Approved by the Governor, June 25, 2001 Act No. 64

Underlined text is the language of Act 64.


Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for the offense of transporting equine animals in a cruel manner.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 5511(q) of Title 18 of the Pennsylvania Consolidated Statutes is amended by adding definitions and the section is amended by adding a subsection to read:

§ 5511. Cruelty to animals.

* * *

(e.1) Transporting equine animals in cruel manner.-- Notwithstanding any other provision of law, a person commits a summary offense for each equine animal if the person carries, or causes or allows to be carried any equine animal in or upon any conveyance, or other vehicle whatsoever with two or more levels STACKED ON TOP OF ONE ANOTHER. A person who violates this subsection on a second or subsequent occasion commits a misdemeanor of the third degree for each equine animal transported.

* * *

(q) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

* * *

"Conveyance." A truck, tractor, trailer or semitrailer, or any combination of these, propelled or drawn by mechanical power.

* * *

"Equine animal." Any member of the Equidae family, which includes horses, asses, mules, ponies and zebras.

* * *

Section 2. This act shall take effect in 60 days.


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