Report Title:
Cruelty to Animals
Description:
Makes it a class C felony to kill, distribute, or purchase any stray or stolen dog or cat for the purpose of human consumption.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
866 |
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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 CRUELTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that, while killing dogs and other companion animals for food is unacceptable in many societies, it is a widespread practice in others. Critics of the consumption of dog meat cite inhumane killing and unsanitary slaughter methods as some of the reasons to condemn the practice. Currently, a person may consume dog meat in Hawaii if it is from the person's own dog and it has been killed in a humane fashion. It is illegal, however, to steal someone else's dog and a violation of animal control laws to seize a stray dog and not surrender it to an animal control officer. Yet, there is no law specifically prohibiting the sale, purchase, or other distribution of stray or stolen dogs or cats for human consumption, whether humanely slaughtered or not.
The legislature further finds that, while the killing and sale of dogs for food is not a common practice in Hawaii, the Honolulu police department and the Hawaiian Humane Society have recently received reports of the illegal seizure and gruesome slaughter of dogs for meat. There have also been reports on Oahu of people selling stolen or stray dogs for consumption. The purpose of this Act is to prohibit the killing and sale, purchase, or other distribution of stray or stolen dogs or cats for human consumption.
SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§711- Cruelty to animals; killing, distributing, or acquiring stray or stolen dogs or cats for human consumption. (1) A person commits the offense of cruelty to animals if the person:
(a) Kills the dog or cat for the purpose of human consumption;
(b) Distributes the dog or cat, or carcass thereof, to another for the purpose of human consumption; or
(c) Buys or otherwise acquires the dog or cat, or the carcass thereof, for the purpose of human consumption;
knowing that the dog or cat is a stray or stolen, or in reckless disregard of the risk that the dog or cat is a stray or stolen. It shall be prima facie evidence that a person charged with violating paragraph (a) or (b) knew the dog or cat to be a stray or stolen if, at the time of the offense, the person had not licensed, registered, or otherwise complied with applicable state or county laws regarding ownership of dogs and cats.
(2) As used in this section:
"Distribute" means to sell, transfer, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same.
"Owner" means any person owning, harboring or keeping, or providing care or sustenance for a dog or cat, whether licensed or registered or not, or having custody of a dog or cat, whether temporarily or permanently. The person to whom a license was issued pursuant to section 143-2 shall rebuttably be presumed to be the owner of the dog for purposes of this section.
"Stray" means any dog or cat found on the premises of a person other than its owner or on a public street, on public or private school grounds, or in any other public place.
(3) Violation of this section shall be a class C felony."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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