CONFERENCE COMMITTEE REP. NO. 74

Honolulu, Hawaii

                 , 2013

RE:    S.B. No. 978

       H.D. 1

       C.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 978, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to establish that cruelty to animals in the second degree is a class C felony when the offense involves twenty-five or more pet animals in any one instance.

     Your Committee on Conference finds that in a recent animal cruelty case, the judge sentenced the former manager of a dog breeding facility to six months in jail for one hundred fifty-three counts of animal cruelty.  However, the defendant did not serve his jail sentence because the defendant was released from custody for time served while waiting for trial.  This measure elevates the penalty for the offense of cruelty to animals in the second degree from a misdemeanor to a class C felony when the offense involves twenty-five or more pet animals in any one instance to ensure that defendants who are convicted of animal cruelty involving multiple pet animals serve time in jail.

     Your Committee on Conference has amended this measure by:

     (1)  Inserting language to amend section 706-620, Hawaii Revised Statutes, to prohibit sentencing a defendant to a term of probation if the defendant is convicted of cruelty to animals in the first or second degree involving ten or more pet animals;

     (2)  Establishing that cruelty to animals in the second degree is a class C felony if the offense involves ten or more, rather than twenty-five, pet animals in any one instance; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 978, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 978, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KARL RHOADS, Chair	____________________________ CLAYTON HEE, Chair
	____________________________ MAILE S.L. SHIMABUKURO, Co-Chair