|
THE SENATE |
S.B. NO. |
635 |
|
TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO ANIMAL CRUELTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's existing penal code does not adequately address situations when an offender injures or kills an animal used by a law enforcement agency or corrections facility. Dogs, horses, or other animals are specifically trained to assist law enforcement in detecting criminal activity, enforcing laws, or apprehending criminal offenders. On the national level, law enforcement trained animals are being used more frequently on a daily basis to assist law enforcement officers in the field to safely complete their daily activities, search for narcotics and explosives, and assist in search and rescue missions. Within the last twenty years, law enforcement agencies have relied on trained animals to address some of the departments' most dangerous assignments.
Although the death or injury of a law enforcement animal is not a serious problem in Hawaii yet, it has become a problem across the country. During the last forty years, one hundred thirty-nine police dogs were killed in the line of duty by firearms. In 2000, the federal government enacted the Federal Law Enforcement Animal Protection Act of 2000. This federal law recognized the need to provide legal protection to animals who work with sworn law enforcement personnel on a daily basis to keep communities safe by imposing penalties on any person who wilfully and maliciously harms any police animal or attempts or conspires to do so, permanently disables or disfigures the animal, or causes serious bodily injury to or the death of the animal. Forty-four states and one territory have laws that protect law enforcement animals that include police dogs, police horses, and fire dogs. The legislature finds that it is now time for Hawaii to join this group to protect the animals that work hard every day to keep our community safe.
The purpose of this Act is to protect law enforcement animals in the line of duty by including law enforcement animals under the offenses of causing injury or death to a service dog and intentional interference with the use of a service dog.
SECTION 2. Section 711-1109.4, Hawaii Revised Statutes, is amended to read as follows:
"§711-1109.4 Causing injury or death
to a service dog[.] or law enforcement animal. (1) A person
commits the offense of causing injury or death to a service dog or law
enforcement animal if:
(a) The person recklessly causes injury to or the
death of any service dog while the service dog is in the discharge of its duties; [or]
(b) The person is the owner of a dog and recklessly
permits that dog to attack a service dog while the service dog is in the discharge of its
duties, resulting in the injury or death of the service dog[.]; or
(c) The person recklessly causes injury to or death of any law enforcement dog; provided that the law enforcement animal shall be performing its duties as a law enforcement animal while under the control of a sworn law enforcement officer.
(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.
[(2)] (3) Any person who commits
the offense of causing injury or death to a service dog or law enforcement
animal shall be punished as follows:
(a) For a first offense by a fine of not more than $2,000, imprisonment of not more than thirty days, or both; and
(b) For a second or subsequent offense by a fine of not more than $5,000, imprisonment of not more than thirty days, or both.
[(3)] (4) Any person who is convicted
of a violation of this section shall be ordered to make restitution to:
(a) The person with a disability who has custody or
ownership of the service dog, for any veterinary bills and out-of-pocket costs
incurred as a result of the injury to the service dog; [and]
(b) The person or organization that incurs the cost
of retraining or replacing the service dog for the cost of retraining or
replacing the service dog if it is disabled or killed[.]; or
(c) The law enforcement agency or whoever owns the law enforcement animal for the following costs:
(i) Veterinary bills and other medical costs;
(ii) Costs to replace the law enforcement animal if the animal is killed, disabled, or destroyed;
(iii) Lost wages for the law enforcement animal's handler; and
(iv) Any other costs related to the violation of this section.
(5) For a law enforcement animal, it shall be an affirmative defense that the law enforcement animal was not handled in accordance with recognized national animal handling procedures or was handled in a manner contrary to the law enforcement or correction agency's handling policies and procedures.
[(4)] (6) As used in this
section[, "service]:
"Law enforcement animal" means any dog, horse, or other animal used by law enforcement, corrections agencies, or courts and trained to work in areas of tracking, suspect apprehension, crowd control, or drug or explosive detection for law enforcement purposes.
"Service dog" shall have the same meaning as in section 347-2.5."
SECTION 3. Section 711-1109.5, Hawaii Revised Statutes, is amended to read as follows:
"§711-1109.5 Intentional interference
with the use of a service dog[.] or law enforcement animal.
(1) A person commits the offense of intentional interference with the use of a
service dog or law enforcement animal if the person, with no legal
justification, intentionally or knowingly:
(a) Harms a service dog[;] or law
enforcement animal; or
(b) Strikes or kicks a service dog[;] or
law enforcement animal;
while the service dog is in the discharge of its
duties[.] or the law enforcement animal is performing its duties as a
law enforcement animal while under the control of a sworn law enforcement
officer.
(2) Subsection (1) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research governed by standards or accepted educational or medicinal practices; or
(c) Cropping or docking as customarily practiced.
[(2)] (3) Intentional
interference with the use of a service dog or law enforcement animal is
a misdemeanor.
[(3)] (4) Nothing in this
section is intended to affect any civil remedies available for a violation of
this section. In addition to any other penalty, any person who is convicted
of a violation of this section shall be ordered to make restitution to be paid
to the law enforcement agency or whoever owns the law enforcement animal for
the following costs:
(a) Veterinary bills and other medical costs;
(b) Costs to replace the law enforcement animal if the animal is killed, disabled, or destroyed;
(c) Lost wages for the law enforcement animal's handler; and
(d) Any other costs related to the violation of this section.
(5) For a law enforcement animal, it shall be an affirmative defense that the law enforcement animal was not handled in accordance with recognized national animal handling procedures or was handled in a manner contrary to the law enforcement or correction agency's handling policies and procedures.
[(4)] (6) As used in this
section[, "service]:
"Law enforcement animal" means any dog, horse, or other animal used by law enforcement, corrections agencies, or courts and trained to work in areas of tracking, suspect apprehension, crowd control, or drug or explosive detection for law enforcement purposes.
"Service dog" shall have the same meaning as in section 347-2.5."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Animal Cruelty; Law Enforcement Animal
Description:
Includes law enforcement animals under the offenses of causing injury or death to a service dog and intentional interference with the use of a service dog. Adds a definition for "law enforcement animal". (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.