THE SENATE	S.B. NO.	1533
TWENTY-SIXTH LEGISLATURE, 2011
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 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;

    (b)   Deprives a pet animal of necessary sustenance or causes such deprivation;

    (c)   Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that pests do not include peacocks;

    (d)   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 includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

    (e)   Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;

    (f)   Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;

    (g)   Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; or

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

For purposes of this subsection, a peacock refers to a male peafowl generally distinguished by a crest of upright feathers and by greatly elongated, loosely webbed upper tail coverts which are mostly tipped with iridescent spots and are erected and spread in a shimmering fan usually as a courtship display."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Cruelty to Animals; Peacocks

Description:

Clarifies that peacocks are not included as pests for purposes of the law on cruelty to animals in the second degree.

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