Report Title:
Cruelty to Animals; Forfeiture
Description:
Clarifies that animal care costs incurred for abused or neglected animals will be the responsibility of the abuser. (SB 2930 HD1)
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THE SENATE |
S.B. NO. |
2930 |
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TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
relating to cruelty to ANIMALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 711-1110.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§711-1110.5[]] Surrender or forfeiture of animals. Upon conviction, guilty plea, or plea of nolo contendere for any violation of section 711-1109 or 711-1109.3:
(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction or plea to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for [such] the time and under [such] the 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 duly incorporated society for the prevention of cruelty to animals for [such a] the time and under [such] the conditions as the court shall order, if there is substantial evidence that [such] the animals are being abused or neglected.
The court may order the defendant to reimburse the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for costs incurred to care, feed, and house any animal that is surrendered or forfeited pursuant to this section."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.