Report Title:

Animals

Description:

Criminalizes the action of animal hit and run.

HOUSE OF REPRESENTATIVES	H.B. NO.	1791
TWENTY-FIFTH LEGISLATURE, 2009
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 711-1109, 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, 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;

    (e)   Assists another in the commission of any act specified in subsections (1)(a) through (1)(d).

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

(a) Is the driver of a vehicle that causes an accident resulting in the serious injury or death of a pet animal;

(b) Does not immediately stop the vehicle at the scene of the accident or as close thereto as possible; and

(c) Fails to render aid or call for assistance.

     [(2)] (3)  Subsection (1)(a), (b), (d), and (e), 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)   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)] (4)  Whenever any 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 without creating any offense under this section.

     [(4)](5)  Cruelty to animals in the second degree is a misdemeanor."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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