HB698 HD1

SECTION 1. The legislature finds that animal cruelty offenders are a threat to the health and safety of all members of our communities, especially vulnerable populations. Recent research has shown that animal cruelty is a predictive and co‑occurring crime with violence against humans, including children, intimate partners, and the elderly. Psychological studies show that seventy per cent of violent criminals began by abusing animals. Children who witness animal abuse are also more likely to abuse animals as teenagers and adults.

The legislature further finds that there has been a significant increase in animal cruelty cases in Hawaii over the past five years. According to the Honolulu police department, there were seventy‑three animal cruelty crimes in 2023 compared to fifty eight in 2018. The prevalence of animal cruelty crimes in the State and its correlation with other serious violent crimes warrants increased penalties for offenders.

Accordingly, the purpose of this Act is to amend the criminal penalties for various animal cruelty offenses by increasing the category of offense.

SECTION 2. Section 711-1108.5, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

"(5) Cruelty to animals in the first degree [is] shall be a class [C] B felony. In addition to any fines and imprisonment imposed under this section, any person convicted under this section shall be prohibited from possessing or owning any pet animal or equine animal for a minimum of five years from the date of conviction."

SECTION 3. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals in the second degree. (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 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, 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;

(h) Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner;

(i) Tethers or restrains a dog by a tow or log chain;

(j) Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or

(k) Assists another in the commission of any act specified in paragraphs (a) through (j).

(2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) 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) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.

(3) Whenever any animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed without creating any offense under this section.

(4) Cruelty to animals in the second degree [is] shall be a misdemeanor, except [~~that if the offense involves ten or more pet animals in any one instance, then cruelty to animals in the second degree is a class C felony.~~] as provided in subsection (5).

(5) If the offense involves the death of an animal, or if the offense involves ten or more pet animals in any one instance, cruelty to animals in the second degree shall be a class B felony. In addition to any other penalties imposed, the person shall be prohibited from possessing or owning any animal for a minimum of five years from the date of conviction."

SECTION 4. Section 711-1109.3, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109.3 Cruelty to animals by fighting dogs in the first degree. (1) A person commits the offense of cruelty to animals by fighting dogs in the first degree if the person:

(a) Knowingly:

(i) Causes, sponsors, arranges, or holds a dogfight for entertainment or financial gain; or

(ii) Owns, trains, transports, possesses, sells, transfers, or equips any dog with the intent that the dog shall be engaged in a dogfight; or

(b) Recklessly:

(i) Allows a dogfight to occur on any property owned or controlled by the person; or

(ii) Allows any dog intended to be used for a dogfight to be kept, trained on, or transported in, any property owned or controlled by the person.

(2) Nothing in this section shall prohibit any of the following:

(a) The use of dogs in the management of livestock by the owner of the livestock or the owner's employees or agents or other persons in lawful custody thereof;

(b) The use of dogs in hunting wildlife including game; or

(3) As used in this section, "dogfight" means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.

(4) [~~Violation of this section~~] Cruelty to animals by fighting dogs in the first degree shall be a class B felony[.], except as provided in subsection (5).

(5) A second or any subsequent offense that occurs after a prior conviction for this offense shall be a class A felony. [~~(5)~~] (6) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply."

SECTION 5. Section 711-1109.35, Hawaii Revised Statutes, is amended to read as follows:

"[[]§711-1109.35[]] Cruelty to animals by fighting dogs in the second degree. (1) A person commits the offense of cruelty to animals by fighting dogs in the second degree if the person knowingly:

(a) Wagers on a dogfight;

(b) Attends or pays to attend a dogfight; or

(c) Possesses any device intended to enhance the dog's fighting ability with the intent that the device be used to train or prepare the dog for a dogfight.

(2) As used in this section:

"Bait dog" means a live animal used to train or prepare dogs for a dogfight.

"Device" means both animate and inanimate objects and includes live animals used as bait dogs.

"Dogfight" means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.

"Wager" means staking or risking something of value on the outcome of a dogfight.

(3) Cruelty to animals by fighting dogs in the second degree [is] shall be a class C felony[.], except as provided in subsection (4).

(4) A second or any subsequent offense that occurs after a prior conviction for this offense shall be a class B felony."

SECTION 6. Section 711-1109.37, Hawaii Revised Statutes, is amended to read as follows:

"[[]§711-1109.37[]] Cruelty to animals by trapping. (1) A person commits the offense of cruelty to animals by trapping if the person intentionally, knowingly, or recklessly uses, sets, or maintains:

(a) A steel-jawed leg-hold trap; or

(b) A snare, conibear trap, or foot- or leg-hold trap in an area zoned as residential or any other area where such snare or trap is prohibited by law or rule; except under the situations described in subsection (2).

(2) Subsection (1)(b) shall not apply to employees of state or federal agencies, or persons acting as a designated cooperator or an agent of the State, who are carrying out activities required under a management plan approved by state or federal agencies, pursuant to a mandatory statutory duty for the protection of species listed as threatened or endangered species, or other wildlife species protected by law, or for the protection of public health, safety, or property.

(3) As used in this section:

"Conibear trap" means a contrivance consisting of metal or steel designed to kill by crushing the body or severing the spinal cord of any animal. "Conibear trap" shall not include snap traps used for rodent control.

"Foot- or leg-hold trap" means a contrivance consisting of metal or steel that is off-set, padded or laminated, and is designed to capture and hold any animal by a foot or limb.

"Snare" means a contrivance consisting of a noose, regardless of material, designed to capture, trap, or kill any animal or hold any animal by a foot, limb, or neck.

"Steel-jawed leg-hold trap" means a spring-powered contrivance that captures or holds the limb of an animal by exerting a lateral force with fix-mounted jaws.

(4) Cruelty to animals by trapping [is] shall be a misdemeanor[.], except as provided in subsection (5).

(5) A second or any subsequent offense that occurs after a prior conviction for this offense shall be a class C felony."

SECTION 7. Section 711-1109.4, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109.4 Causing injury or death to a service animal or law enforcement animal. (1) A person commits the offense of causing injury or death to a service animal or law enforcement animal if:

(a) The person recklessly causes substantial bodily injury to or the death of any service animal or law enforcement animal while the service animal or law enforcement animal 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 animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties, resulting in the substantial bodily injury or death of the service animal or law enforcement animal.

(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

(3) Any person who commits the offense of causing injury or death to a service animal or law enforcement animal shall be guilty of a class C felony[.], except as provided in subsection (4).

(4) A second or subsequent offense that occurs after a prior conviction for this offense shall be a class B felony. [~~(4)~~] (5) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:

(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and

(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal if it is disabled or killed.

[(5)] (6) As used in this section "service animal" shall have the same meaning as in section 347-2.5."

SECTION 8. Section 711-1109.7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§711-1109.7[]] Pet animal or equine animal desertion. (1) It shall be unlawful for the owner or any person in possession of any pet animal or equine animal to desert the pet animal or equine animal.

(2) Any person who violates subsection (1) shall be guilty of a petty misdemeanor [~~and subject to a fine not exceeding $1,000 in addition to any other penalties.~~], except as provided in subsection (3).

(3) A second or subsequent offense that occurs after a prior conviction for a violation of subsection (1) or (4) shall be a misdemeanor.

[~~(3)~~] (4) Any person who violates subsection (1) and recklessly causes the death of or substantial bodily injury to the pet animal or equine animal shall be guilty of a misdemeanor [~~and subject to a fine not exceeding $2,000 in addition to any other penalties.~~], except as provided in subsection (5).

(5) A second or subsequent offense that occurs after a prior conviction for a violation of subsection (1) or (4), and the second or subsequent offense recklessly causes the death of or substantial bodily injury to the pet animal or equine animal, shall be a class C felony.

[~~(5)~~] (6) For the purposes of this section, "desert" means to leave without the intent to return."

SECTION 9. Section 711-1109.8, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Unless otherwise provided by any other law:

(a) Sexual assault of an animal [is] shall be a misdemeanor [~~for the first offense and a class C felony for the second or subsequent offense; or~~], except as provided in subsection (3)(b), (3)(c), or (3)(d);

(b) A second or subsequent offense in violation of subsection (1) that occurs after a prior conviction for subsection (1) shall be a class B felony;

[~~(b)~~] (c) If the offense subjected a minor to sexual contact with an animal or was committed in the presence of a minor as defined in section 706‑606.4, sexual assault of an animal [is] shall be a class B felony[.], except as provided in subsection (3)(d).

(d) A second or subsequent offense in violation of subsection (3)(c) that occurs after a prior conviction for violation of subsection (1) or (3)(c) shall be guilty of a class A felony."

SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	698
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII