Authorizes a court to forfeit an animal before trial on cruelty charges. Permits court to allow defendant to post bond in lieu of forfeiture for care of animal pending outcome of proceedings. Authorizes law enforcement officer to enter property to care for or impound animal subjected to cruelty. Provides qualified immunity for officer making entry to impound animal.

A BILL FOR AN ACT

SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§711-A Forfeiture of animal prior to disposition of criminal charges. (1) If any animal is impounded pursuant to section 711-B and is being held by a duly incorporated humane society or society for the prevention of cruelty to animals pending outcome of criminal action charging a violation of section 711-1109 or 711-1109.3, prior to final disposition of the criminal charge, the duly incorporated humane society or society for the prevention of cruelty to animals may file a petition in the criminal action requesting that the court issue an order forfeiting the animal to the county or duly incorporated humane society or society for the prevention of cruelty to animals prior to final disposition of the criminal charge. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney.

(2) Upon receipt of a petition pursuant to subsection (1), the court shall set a hearing on the petition. The hearing shall be conducted within fourteen days after the filing of the petition or as soon as practicable.

(3) At a hearing conducted pursuant to subsection (2), the petitioner shall have the burden of establishing probable cause to believe that the animal was subjected to a violation of section 711-1109 or 711-1109.3. If the court finds that probable cause exists, the court shall order immediate forfeiture of the animal to the petitioner, unless the defendant, within seventy-two hours of the hearing, posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the petitioner in caring for the animal from the date of initial impoundment to the date of trial. The court may waive for good cause shown the requirement that the defendant post a security deposit bond.

(4) If a security deposit or bond has been posted in accordance with subsection (3), and the trial in the action is continued by request of the defendant to a later date, any order of continuance shall require the defendant to post an additional security deposit or bond in an amount determined by the court to be sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in caring for the animal until the new date of trial.

(5) If a security deposit or bond has been posted in accordance with subsection (4), the petitioner may draw from that security deposit or bond the actual reasonable costs incurred by the petitioner in caring for the impounded animal from the date of initial impoundment to the date of final disposition of the animal in the criminal action.

§711-B Authority to enter premises; notice of impoundment of animal; damage resulting from entry. (1) If there is probable cause to believe that any animal is being subjected to treatment in violation of section 711-1109 or 711-1109.3, a law enforcement officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises where the animal is located to provide the animal with food, water, and emergency medical treatment and may impound the animal. If, after reasonable effort, the owner or person having custody of the animal cannot be found and notified of the impoundment, the notice shall be conspicuously posted on the premises, and within seventy-two hours after the impoundment, the notice shall be sent by certified mail to the address, if any, where the animal was impounded.

(2) A law enforcement officer is not liable for any damages for an entry under subsection (1), unless the damages were caused by the unnecessary actions of the law enforcement officer that were intentional or reckless.

(3) A court may order an animal impounded under subsection (1) to be held at a duly incorporated humane society or society for the prevention of cruelty to animals. A facility receiving the animal shall provide adequate food and water and may provide veterinary care.

(4) For purposes of this section, "law enforcement officer" shall have the same meaning as in section 710-1000."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.