Report Title:

Aggravated Cruelty to Animals

Description:

Creates a new offense of aggravated cruelty to pet animals; provides penalties. (SD1)

THE SENATE

S.B. NO.

2576

TWENTY-THIRD LEGISLATURE, 2006

S.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to cruelty to animals.

 

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

SECTION 1. The legislature finds that violence, whether against humans or animals, must not be tolerated in our community. The legislature further finds that evidence suggests that there is a link between animal abuse and the commission of violent acts against humans, including domestic violence, child abuse, and elder abuse. Mahatma Gandhi once said, "the greatness of a nation and its moral progress can be judged by the way animals are treated." In order to properly address the growing problem of violence in our society, we must first examine our attitudes regarding the mistreatment of animals. By ridding our community of animal abuse we will not only provide a safe environment for pets and other animals, but also help to eliminate acts of violence against people. The legislature believes that, by establishing that our community will not tolerate those who commit acts of violence against animals, Hawaii will become a safer and more secure place for animals and humans alike.

The purpose of this Act is to create a new offense of aggravated cruelty to pet animals and to provide appropriate penalties.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§711-A Aggravated cruelty to pet animals. (1) A person commits the offense of aggravated cruelty to pet animals if the person:

(a) Intentionally or knowingly:

(i) Overdrives, overloads, tortures, torments, beats, or starves any pet animal, or causes or procures the overdriving, overloading, torture, torment, beating, or starving of any pet animal;

(ii) Mutilates, poisons, causes or allows serious bodily injury, or kills without need any pet animal other than insects, vermin, or other pests;

(iii) Carries or causes to be carried on public property or in or upon any vehicle or other conveyance any pet animal in a cruel or inhumane manner;

(iv) Assists another in the commission of any act of cruelty to any pet animal;

(v) Forces another person to injure or kill a pet animal; or

(vi) Deprives a pet animal of necessary sustenance;

(b) Recklessly kills or injures a pet animal with the intent to frighten or intimidate, or in reckless disregard of the risk of frightening or intimidating, another person; or

(c) Commits an offense under sections 711-1109(1)(a), (1)(b), (1)(d), or (1)(e), or 711-1109.3, and has, within two years, two or more convictions of this section, or sections 711-1109(1)(a), (1)(b), (1)(d), or (1)(e), or 711-1109.3.

(2) Subsections (1)(a)(i) through (a)(v), (1)(b), and (3) shall not apply to accepted veterinary practices and to activities carried on for scientific research governed by standards of accepted educational or medicinal practices.

(3) Whenever any pet animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the pet animal may be immediately euthanized without creating any liability under this section.

(4) For the purposes of this section "pet animal" shall mean a dog; cat; rabbit, so long as not bred for consumption; guinea pig; domestic rat or mouse, or caged bird (passeriformes, piciformes, and psittaciformes only).

(5) Aggravated cruelty to pet animals is a class C felony. Any person convicted of committing the offense of aggravated cruelty to animals shall be subject to section 711-B.

§711-B Penalty. In addition to any other sentence the court may impose pursuant to chapter 706, any person convicted of violating section 711-1109(1)(a), (1)(b), (1)(d), or (1)(e), 711-1109.3, or 711-A shall be ordered to attend counseling that is designed to evaluate and treat behavior or conduct disorders. Any person convicted of violating section 711-1109(1)(a), (1)(b), (1)(d), or (1)(e), 711-1109.3, or 711-A shall be responsible for payment for counseling imposed under this section."

SECTION 3. Section 571-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The court shall have concurrent jurisdiction with the circuit court over violations of [section 711-1106.4.] sections 711-1106.4 and 711-A(1)(a)(v) and (1)(b)."

SECTION 4. Section 603-21.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The several circuit courts shall have concurrent jurisdiction with the family court over:

(1) Any felony under section 571-14, violation of an order issued pursuant to chapter 586, or a violation of section 709-906 when multiple offenses are charged through complaint or indictment and at least one other offense is a criminal offense under subsection (a)(1);

(2) Any felony under section 571-14 when multiple offenses are charged through complaint or indictment and at least one other offense is a violation of an order issued pursuant to chapter 586, a violation of section 709-906, or a misdemeanor under the jurisdiction of section 604-8;

(3) Any violation of [section 711-1106.4;] sections 711-1106.4 and 711-A(1)(a)(v) and(1)(b); and

(4) Guardianships and related proceedings concerning incapacitated adults pursuant to article V of chapter 560."

SECTION 5. 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, causes serious bodily injury, 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], including, but not limited to, transporting in the back of a pickup truck any animal not properly restrained in a secured carrier or cross-tied in the truck bed to prevent the animal from being tossed around or thrown from the truck;

(e) Assists another in the commission of any act of cruelty to any animal[.]; or

(f) Deprives a pet animal of necessary sustenance.

(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.] euthanized without creating any liability under this section.

(4) Cruelty to animals is a misdemeanor. Any person convicted of committing the offense of cruelty to animals shall be subject to section 711-B."

SECTION 6. Section 711-1109.3, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109.3 Cruelty to animals; fighting dogs. (1) A person commits the offense of cruelty to animals if the person:

(a) Owns or trains any dog with the intent that [such] the dog shall be engaged in an exhibition of fighting with another dog;

(b) [For amusement or gain, intentionally] Intentionally causes any dog to fight with another dog, or causes any dog to injure another dog; or

(c) Knowingly or recklessly permits any act in violation of paragraph (a) or (b) to be done on [the] premises that are under the person's charge or control, or aids or abets any such act.

(2) Nothing in this section shall prohibit any of the following:

(a) The use of dogs in the management of livestock by the owner of the livestock or the owner's employees or agents or other persons in lawful custody thereof;

(b) The use of dogs in hunting wildlife including game; or

(c) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

(3) Violation of this section shall be a class C felony. Any person convicted of violating this section shall be subject to section 711-B.

(4) If there is any conflict between this section and section 711-1109, [or any other provision of law,] this section shall apply."

SECTION 7. In codifying the new sections added by section 2 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 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.