Report Title:

Cruelty to Animals; Cockfighting

Description:

Makes cockfighting a class C felony.

THE SENATE	S.B. NO.	2552
TWENTY-FOURTH LEGISLATURE, 2008
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.  Section 711-1108.5, Hawaii Revised Statutes, is amended as follows:

     1.   By amending subsection (1) to read:

     "(1)  A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly [tortures,]:

(a) Tortures, mutilates, or poisons, or causes the torture, mutilation, or poisoning of, any pet animal resulting in serious bodily injury or death of the pet animal[.]; or

(b) 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 cock, being the adult male of the domestic chicken, (gallus gallus), and every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used."

     2.   By amending subsection (3) to read:

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

     SECTION 2.  Section 711-1109, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(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, beats, causes substantial bodily injury, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal, or deprives a pet animal of necessary sustenance or causes such deprivation;

    (b)   Mutilates, 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, [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 specified in subsections (1)(a) through (1)(d)."

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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