HOUSE OF REPRESENTATIVES	H.B. NO.	416
THIRTY-FIRST LEGISLATURE, 2021		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SECTION 711-1109, HAWAII REVISED STATUTES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 711-1109, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read:

"(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 to, 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] that deprivation;

(c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations;

(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], or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance; provided that no dog:

(i) Under the age of six months shall be tethered or restrained unless the dog is engaged in an activity supervised by its owner or an agent of its owner;

(ii) Shall be tethered or restrained by a tow or log chain; and

(iii) Shall be tethered or restrained 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] unless the dog is engaged in [a supervised] an activity[;] supervised by its owner or an agent of its owner; or

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

2. By amending subsection (4) to read:

"(4) Cruelty to animals in the second degree is a misdemeanor, except [where] that if the offense involves ten or more pet animals in any one instance [which], then cruelty to animals in the second degree is a class C felony. In addition to any penalty authorized for a person convicted of an offense under this section, the court may, pursuant to section 706-624, order attendance at educational classes concerning animal abuse prevention."

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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

Report Title:

Cruelty to Animals; Restraints; Penalties

Description:

Prohibits certain restraints and tethers that endanger a dog, including preventing the dog from obtaining necessary sustenance. Authorizes the court to order attendance at educational classes concerning animal abuse prevention in addition to other penalties. (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.