REPORT TITLE:
Firearms; Animal Attacks


DESCRIPTION:
Allows use of a firearm by person age 21 or older to kill or
injure a dog or animal that is attacking a person or a pet
animal.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2035
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FIREARMS. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 134, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§134-    Use of firearm or other reasonable means to defend
 
 5 against dog or animal attack.  A person age twenty-one or older
 
 6 may use a firearm that the person has lawfully acquired and that
 
 7 is lawfully permitted or registered, or both, as appropriate
 
 8 under this chapter, or other reasonable means necessary, to
 
 9 injure or kill a dog or other animal that is in the process of
 
10 attacking the person, another person, or a pet animal, if that
 
11 person reasonably believes that the attack is likely to inflict
 
12 serious bodily injury, as defined in section 291C-1."
 
13      SECTION 2.  Section 711-1109, Hawaii Revised Statutes, is
 
14 amended by amending subsection (1) to read as follows:
 
15      "(1)  A person commits the offense of cruelty to animals if
 
16 the person intentionally, knowingly, or recklessly:
 
17      (a)  Overdrives, overloads, tortures, torments, cruelly
 
18           beats or starves any animal, or causes or procures the
 
19           overdriving, overloading, torture, torment, cruel
 

 
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                                     S.B. NO.           2035
                                                        
                                                        

 
 1           beating or starving of any animal, or deprives a pet
 
 2           animal of necessary sustenance or causes such
 
 3           deprivation;
 
 4      (b)  Mutilates, poisons, or kills without need any animal
 
 5           other than insects, vermin, or other pests[;], except
 
 6           as provided under section 134-  ;
 
 7      (c)  Keeps, uses, or in any way is connected with or
 
 8           interested in the management of, or receives money for
 
 9           the admission of any person to, any place kept or used
 
10           for the purpose of fighting or baiting any bull, bear,
 
11           dog, cock, or other animal, and every person who
 
12           encourages, aids, or assists therein, or who permits or
 
13           suffers any place to be so kept or used;
 
14      (d)  Carries or causes to be carried, in or upon any vehicle
 
15           or other conveyance, any animal in a cruel or inhumane
 
16           manner; or
 
17      (e)  Assists another in the commission of any act of cruelty
 
18           to any animal."
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________