Report Title:

Cruelty to Animals

Description:

Revises the misdemeanor offense of cruelty to animals.  Provides penalties.  Redefines "pet animal."(HB676 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	676
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING 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."  To properly address the growing problem of violence in our society, we must first examine our attitudes regarding the mistreatment of animals.  By eliminating from our community the crime 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 a new section 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 711‑1109(1)(a),(b),(d) to (h), or 711‑1109.3 shall be ordered to attend counseling that is designed to evaluate and treat behavior or conduct disorders and shall be responsible for payment for counseling imposed under this section." 

     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 galiformes and anseriformes, and including chicken, duck, goose, and turkey."

     SECTION 4.  Section 711-1100, Hawaii Revised Statutes, is amended by amending the definition of "pet animal" to read as follows:

     ""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.  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."

     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, and 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 or allows 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]

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

(f) Deprives a pet animal of necessary sustenance;

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

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

     (2)  Subsection (1)(a), (b), (d), (e), [and the following subsection (3) are] and (g) 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 is a misdemeanor.  Any person convicted of committing the offense of cruelty to animals 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] 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‑A.

     (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 section 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.