Report Title:

Cruelty to Animals; Cockfighting

 

Description:

Makes it unlawful to manufacture, buy, sell, barter, exchange, or possess "gaffs" or "slashers", or any other sharp instruments designed for use with game cocks or other fighting fowl.

THE SENATE

S.B. NO.

2165

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the hawaii penal code.

 

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

SECTION 1. Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Game cock" or "fighting fowl" means any cock or fowl that has the comb and wattles removed or trimmed, the spurs cut to aid in the attachment of a gaff or slasher knife, or the feathers located on the lower abdomen next to the anus area of the cock or fowl trimmed to show bare skin. The above characteristics are only found on a cock or fowl prepared to participate in cock fighting."

SECTION 2. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals. (1) A person commits the offense of cruelty to animals if the person intentionally, knowingly, or recklessly:

(a) Overdrives, overloads, tortures, torments, cruelly beats, or starves any animal, or causes or procures the overdriving, overloading, torture, torment, cruel beating, or starving of any animal, or deprives a pet animal of necessary sustenance or causes such deprivation;

(b) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;

(c) 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, dog, cock, or other animal, and every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

(d) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; or

(e) Assists another in the commission of any act of cruelty to any animal.

(2) Subsection (1)(a), (b), (d), (e) and the following subsection (3) are not applicable to accepted veterinary practices and to activities carried on for scientific research governed by standards of accepted educational or medicinal practices.

(3) Whenever any domestic 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.

(4) It is unlawful for any person to manufacture, buy, sell, barter, exchange, or have in the person’s possession any of the implements commonly known as gaffs or slashers, or any other sharp instrument designed to be attached in place of or to the natural spur of a game cock or other fighting fowl.

[(4)] (5) Cruelty to animals is a misdemeanor."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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