Report Title:

Offenses Against Public Order; Pet Animal; Cruelty to Animals

Description:

Adds equine animals as protected under the law pertaining to offenses relating to cruelty to animals.  (SB2895 HD1)

THE SENATE	S.B. NO.	2895
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO OFFENSES AGAINST PUBLIC ORDER.

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

     SECTION 1.  Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Equine animal" means an animal of or belonging to the family Equidae, including horses, ponies, mules, donkeys, asses, burros, and zebras."

     SECTION 2.  Section 711-1108.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§711-1108.5[]]  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, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal[.] or equine animal.

    (2)  Subsection (1) shall not apply to:

    (a)   Accepted veterinary practices;

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

    (c)   Cropping or docking as customarily practiced.

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

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

     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  Statutory material to be repealed is bracketed and stricken.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 on January 1, 2112.