Bill SD.

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 also finds that there has been a significant increase in animal cruelty cases in the State over the past five years, especially cases involving pet animals. According to the Honolulu police department, there were seventy‑three animal cruelty crimes in 2023 compared to fifty‑eight in 2018. Inadequate punishment for these offenses has caused outrage in the community, leading to protests demanding that these crimes be taken more seriously.

The legislature further finds that people have particularly deep bonds with pet animals. In a 2024 survey conducted on Oʻahu by Ward Research, ninety-four per cent of all households agreed that animal companionship is important to quality of life. Nationally, ninety-seven per cent of pet owners consider pets to be part of their family.

The legislature additionally finds that section 711-1100, Hawaii Revised Statutes, defines "pet animal" as "a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption". The legislature further finds that section 347-2.5, Hawaii Revised Statutes, defines "service animal" as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability", and specifically excludes other species of animals.

The legislature concludes that the prevalence of animal cruelty crimes in the State and its correlation with other serious violent crimes warrants increased penalties for the most egregious offenses against pet animals. Stronger penalties will help deter and prevent animal cruelty and ensure that those responsible face appropriate consequences.

Accordingly, the purpose of this Act is to:

(1) Increase the criminal penalties for the offenses of cruelty to animals in the first and second degrees for situations that involve pet animals; and

(2) Increase the criminal penalty for a second or subsequent offense of causing injury or death to a service animal or law enforcement animal.

SECTION 2. Section 711-1108.5, Hawaii Revised Statutes, is amended to read as follows:

"§711-1108.5 Cruelty to animals in the first degree. (1) A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly:

(a) Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal; or

(b) Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner.

(2) Subsection (1)(a) shall not apply to:

(a) Accepted veterinary practices when the practices are performed by a veterinarian licensed under chapter 471; and

(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices.

(3) Subsection (1)(b) shall not apply to:

(a) Humane euthanasia of any animal by an animal control officer, duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals, or duly authorized governmental agency in accordance with American Veterinary Medical Association accepted standards; or

(b) Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor, another person, or an animal; provided that the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by this section and is justifiable as provided in section 703-302 for choice of evils; provided further that, for purposes of this paragraph, as the justification described in section 703‑302 shall also apply to conduct which the actor believes to be necessary to avoid an imminent harm or evil to an animal.

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

(5) Cruelty to animals in the first degree [is] shall be a class C 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.]

(6) Any person who violates subsection (1)(a) or (b) and a pet animal is involved shall be guilty of a class B felony.

(7) 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.

[~~[(6)]~~] (8) For the purposes of this section, "person" means any individual; any firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate; or any other legal entity."

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~~].

(5) Any person who violates subsection (1) involving ten or more pet animals in any one instance or the death of a pet animal shall be guilty of a class B felony.

(6) In addition to any other penalties imposed, a person convicted under this section shall be prohibited from possessing or owning any pet animal for a minimum of five years from the date of conviction; provided that the violation involved a pet animal."

SECTION 4. 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 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	698
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII		S.D. 2