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THE SENATE |
S.B. NO. |
2263 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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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 despite the enactment of several animal cruelty offenses, local humane societies, law enforcement agencies, and animal protection groups continue to receive reports of dogs being sold, trafficked, or slaughtered for human consumption. Some of these cases involve dogs that were stolen or lost or acquired via online advertisements for dogs "free to good home".
The legislature further finds that in 2007, two defendants were prosecuted in Hawaii for stealing a pet dog from the Moanalua Golf Course and killing the dog with the intention of eating the animal. However, the defendants were charged based on their admission to stealing and butchering the dog rather than killing the pet to consume it because the Hawaii penal code does not prohibit the slaughtering or trafficking of dogs for human consumption.
The legislature additionally finds that there are nearly a dozen states in the United States that prohibit the slaughter of dogs or dog products for the purposes of human consumption. The Philippines, Taiwan, and Hong Kong also prohibit the sale or trafficking of dogs for human consumption because the consumption of dogs may spread disease to humans.
The purpose of this Act is to:
(1) Prohibit the slaughtering or trafficking of dogs for human consumption; and
(2) Amend the relevant portion of the definition of "pet animal" as used in chapter 711, Hawaii Revised Statutes, to mean any dog, regardless of whether the dog was bred for consumption.
SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§711- Cruelty to animals by slaughtering or trafficking dogs for human consumption. (1) A person commits the offense of cruelty to animals by slaughtering or trafficking dogs for human consumption if the person intentionally:
(a) Slaughters by the person's self or in conspiracy with another person a dog for the purposes of human consumption;
(b) Traffics dogs or dog products for the purpose of human consumption; or
(c) Possesses dog products for the purpose of human consumption.
(2) As used in this section:
"Dog products" means the carcass or part of a carcass of any dog.
"Sell" means the transfer of a dog or dog product to another for the purpose of human consumption.
"Traffics dogs or dog products" means breeds, raises, sells, offers for sale, exchanges, transports, transfers, receives, trades, or barters dogs or dog products.
(3) Cruelty to animals by slaughtering or trafficking dogs for human consumption shall be a misdemeanor."
SECTION 3. Section 711-1100, Hawaii Revised Statutes, is amended by amending the definition of "pet animal" to read as follows:
""Pet animal" means [a]:
(a) Any dog[,] or cat[,];
or
(b) A domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption."
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.
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INTRODUCED BY: |
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Report Title:
Penal Code; Animal Cruelty; Slaughter or Trafficking of Dogs for Human Consumption
Description:
Prohibits the slaughtering or trafficking of dogs for human consumption. Amends the definition of "pet animal" in chapter 711, HRS, to include and extend existing protections to any dog rather than only dogs not bred for human consumption.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.