SB1665 HD1

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." 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 pet 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 strengthen Hawaii's animal cruelty laws.

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 Penalty. In addition to any other penalty the court imposes pursuant to chapter 706, any person convicted of violating section 711‑B(1), 711-1109(1)(a),(b),(d), and (e), or 711‑1109.3 shall be ordered to attend appropriate counseling. Any person subject to penalty under this section shall pay for counseling unless the court determines that the person is unable to pay for counseling.

§711‑B Cruelty to animals in the first degree. (1) A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly tortures or mutilates, or causes the torture or mutilation of any pet animal.

(2) Cruelty to animals in the first degree is a class C felony.

(3) A person convicted of committing the offense of cruelty to animals in the first degree shall be subject to section 711‑A."

SECTION 3. Section 161-3, Hawaii Revised Statutes, is amended by amending the definition of "poultry" to read as follows:

""Poultry" means [~~any domesticated bird, whether live or dead.~~] any domesticated bird belonging to the orders galliformes and anseriformes, and including chicken, duck, goose, and turkey."

SECTION 4. Section 711-1100, Hawaii Revised Statutes, is amended to read as follows:

"§711-1100 Definitions. In this chapter, unless a different meaning is plainly required, or the definition is otherwise limited by this section:

"Animal" includes every living creature, except a human being.

[~~"Cruelty", "torture" or "torment" includes every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted.~~]

"Facsimile" means a document produced by a receiver of signals transmitted over telecommunication lines, after translating the signals, to produce a duplicate of an original document.

"Necessary sustenance" means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements:

(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

(2) Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;

(3) Access to protection from wind, rain, or sun; and

(4) An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health.

"Obstructs" means renders impassable without unreasonable inconvenience or hazard.

"Pet animal" means a [~~dog, cat, rabbit, guinea pig, domestic rat or mouse, or caged birds (passeriformes, piciformes, and psittaciformes only).~~] domesticated animal kept for personal enjoyment and companionship, such as for a hobby, for legal sporting activities, for guarding property, and for guide, signal, or service purposes so long as it is not bred for consumption. Poultry as defined by section 161-3 shall not be considered a pet animal. Game fish and other aquatic life not in a state of captivity shall not be considered pet animals.

"Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.

"Public" means affecting or likely to affect a substantial number of persons.

"Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

"Record", for the purposes of sections 711-1110.9 and 711-1111, means to videotape, film, photograph, or archive electronically or digitally.

"Torment" means to fail to attempt to mitigate significant suffering.

"Torture" includes every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted."

Section 5. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals[.] in the second degree.

(1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:

(a) Overdrives, overloads, [~~tortures,~~] torments, [~~cruelly~~] beats, causes or allows serious bodily injury, 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,~~] 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), and (e), [~~and the following subsection (3) are~~] shall not [~~applicable~~] apply to [~~accepted~~]:

(a) Accepted veterinary practices [~~and to activities~~];

(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices[.]; or

(c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.

(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 in the second degree is a misdemeanor.

(5) Any person convicted of committing the offense of cruelty to animals in the second degree shall be subject to section 711‑A."

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 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

(3) Violation of this section shall be a class C felony. (4) Any person convicted of violating this section shall be subject to section 711‑A.

[~~(4)~~] (5) 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 an appropriate section number for the letter used in designating the new section 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 on January 1, 2112.

THE SENATE	S.B. NO.	1665
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII