STAND. COM. REP. NO.  982

Honolulu, Hawaii

                , 2013

RE:   S.B. No. 635

      S.D. 1

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Public Safety, to which was referred S.B. No. 635, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ANIMAL CRUELTY,"

begs leave to report as follows:

The purpose of this measure is to protect law enforcement animals in the line of duty by:

     (1)  Amending the existing offenses of causing injury or death to a service dog and intentional interference with the use of a service dog to include law enforcement animals; and

     (2)  Adding language to the existing penal code provisions that provides exceptions to the offenses, establishes penalties, provides for restitution to affected parties, establishes an affirmative defense, and defines "law enforcement animal".

The Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, and Maui Police Department supported this measure with amendments.  The Hawaii Police Department supported the intent of the measure.

     Your Committee has amended this measure by:

     (1)  Streamlining language in provisions establishing the offenses;

     (2)  Clarifying the conduct that constitutes the offense of intentional interference with the use of a service dog or law enforcement animal;

     (3)  Deleting the affirmative defense;

     (4)  Clarifying provisions related to restitution to owners, entities, or organizations that use law enforcement animals;

     (5)  Amending the penalty for causing injury or death to a service dog or law enforcement animal to a class C felony; and

     (6)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 635, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 635, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

____________________________

HENRY J.C. AQUINO, Chair