Report Title:
Animal abuse
Description:
Establishes the offense of companion animal abuse.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1669 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ANIMAL ABUSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§711- Companion animal abuse. (1) A person commits the offense of companion animal abuse if the person:
(a) Violates any provision of section 711-1109 as applied to any dog, cat, or horse;
(b) Intentionally, knowingly, or recklessly denies any dog, cat, or horse under the person's charge or custody necessary sustenance, shelter, or minimal veterinary care required to alleviate pain; or
(c) Slaughters for the purpose of consumption, or possesses, imports into or exports from the state, sells, buys, gives away, or accepts any dog, cat, or horse with the intent of slaughtering or having another person slaughter the animal for the purpose of consumption.
(2) Upon a first conviction of companion animal abuse, the court may prohibit the defendant from possessing any type of animal for one year.
(3) Upon a second conviction of companion animal abuse, the court may prohibit the defendant from possessing any type of animal for life.
(4) Convicted offenders shall pay the costs for the care of any animal surrendered or forfeited under section 711-1110.5.
(5) Notwithstanding any other provision to the contrary, if an offender is convicted under this section, the court shall order the offender to pay for and successfully complete counseling designed to evaluate and treat behavior or conduct disorders.
(6) Upon a showing by the offender that the offender is unable to pay for all the costs of counseling required by subsection (5), the court may reduce the amount of payment, permit payments in installments, or require payment of a nominal amount based upon the offender's ability to pay.
(7) The offense of companion animal abuse is a class C felony if the offender has any prior convictions under this section; otherwise it is a misdemeanor."
SECTION 2. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:
"§711-1109 Cruelty to animals. (1) A person commits the offense of cruelty to animals if the person intentionally, knowingly, or recklessly:
(a) Overdrives, overloads, tortures, torments, cruelly beats or starves any animal, or causes or procures the overdriving, overloading, torture, torment, cruel beating or starving of any animal, or deprives a pet animal of necessary sustenance or causes such deprivation;
(b) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;
(c) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other animal, and every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;
(d) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; or
(e) Assists another in the commission of any act of cruelty to any animal.
(2) Subsection (1)(a), (b), (d), (e) and the following subsection (3) are not applicable to accepted veterinary practices and to activities carried on for scientific research governed by standards of accepted educational or medicinal practices.
(3) Whenever any domestic animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed.
(4) Cruelty to animals is a misdemeanor.
(5) Violations of this section involving any dog, cat, or horse shall be considered a companion animal abuse offense subject to section 711- ."
SECTION 3. Section 711-1110.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§711-1110.5[]] Surrender or forfeiture of animals. Upon conviction for any violation of section 711-1109 [or], 711-1109.3[:], or 711- :
(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction to the custody of a duly incorporated humane society or society for the prevention of cruelty to animals for such time and under such conditions as the court shall order[.]; and
(2) The court also may order the defendant to surrender or forfeit any other animals under the possession, custody, or control of the defendant to the custody of a duly incorporated humane society or society for the prevention of cruelty to animals for such a time and under such conditions as the court shall order, if there is substantial evidence that such animals are being abused or neglected."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2005.
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INTRODUCED BY: |
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