Report Title:

Animal Cruelty

 

Description:

Revises animal cruelty laws.

THE SENATE

S.B. NO.

2547

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

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 there is a need to modernize the law regarding animal cruelty. When the original law pertaining to animal cruelty was drafted, animals in our society were more commonly used as working animals. They provided transportation, guarded our homes and businesses, and helped to herd animals on farms. Today, animals have become our companions and have moved from living outdoors into our homes. To more appropriately address the changing role animals now play in our society and the nature of offenses against animals, there is a need to revise the current animal cruelty laws.

SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§143- Posting bonds for animals seized and impounded. If an animal is seized and impounded, the animal's owner shall post a bond or security in an amount sufficient to provide for the animal's care for a minimum of thirty days from the seizure date. If the custodial agency still has custody of the animal when the bond or security expires, the animal shall become the agency's property, unless the court orders an alternative disposition. If a court order prevents the agency from assuming ownership and the agency continues to care for the animal, the court shall order the animal's owner to renew the bond or security for the agency's continuing costs for the animal's care.

§143- Euthanasia of animals. The accepted method of euthanasia of sick, injured, or homeless pet animals or other animals shall be:

(1) With respect to pet animals as defined in section 711-1100, by administering sodium pentobarbital, specifically prepared for euthanasia by a licensed veterinarian or by a trained animal care professional who has successfully completed a euthanasia certification course, taught by a licensed veterinarian, on the recommended administration of sodium pentobarbital for the purpose of euthanasia. The trained animal care professional shall be employed by a public or private agency, animal shelter, or other facility that is operated for the housing and care of sick, injured, or homeless animals.

(2) With respect to "animals" as defined in section 711-1100, by any method recommended for the specific animal species, as stated in the Report of the American Veterinary Medical Association Panel on Euthanasia.

(3) Whenever an emergency situation exists in which a pet animal or animal as defined in section 711-1100 is critically injured or suffering, or poses an imminent threat to human or animal life, and a veterinarian or a trained animal care professional is unavailable to administer sodium pentobarbital, a police officer may use any recommended methods of euthanasia, as stated in the Report of the American Veterinary Medical Association Panel on Euthanasia."

SECTION 3. Chapter 711, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

"§711-A Cruelty to animals under special circumstances. (1) A person commits the offense of cruelty to animals under special circumstances if the person intentionally, knowingly, or recklessly kills or tortures an animal with the intent to frighten or intimidate a person or forces a person to injure or kill an animal.

(2) Cruelty to animals under special circumstances is a class C felony and subject to sentencing under section 711-D.

§711-B Cruelty to animals by cockfighting. (1) Notwithstanding any other law to the contrary, a person commits the offense of cruelty to animals by cockfighting if the person:

(a) Owns or trains any game cock or other fighting fowl with the intent to engage in an exhibition of fighting with another game cock or other fighting fowl;

(b) Intentionally causes any game cock or other fighting fowl to fight with another game cock or other fighting fowl or intentionally causes any game cock or other fighting fowl to injure another game cock or other fighting fowl; or

(c) Knowingly or recklessly permits any act in violation of paragraph (a) or (b) to be done on premises that are under the person's charge or control or aids or abets any such act.

(2) Cruelty to animals by cockfighting shall be a class C felony and subject to sentencing under section 711-D.

(3) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply.

§711-C Cockfighting and related equipment. (1) 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.

(2) Violation of this section shall be punishable by: a fine of not less than $250 and not more than $1,000; imprisonment of not more than thirty days; or both and subject to sentencing under section 711-D.

(3) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply.

§711-D Penalty. The court shall order any person convicted of violating section 711-1109, 711-1109.3, 711-A, 711-B, or 711-C to pay for and successfully complete counseling, as determined by the court, that is designed to evaluate and treat behavior or conduct disorders. Any counseling imposed under this section shall be in addition to any other terms and conditions of any other sentence, including any term of imprisonment or fine, and shall not be imposed as an alternative in lieu of imprisonment, when such a sentence is otherwise appropriate."

SECTION 4. Section 143-15, Hawaii Revised Statutes, is amended to read as follows:

"§143-15 Contracts for seizing and impounding [dogs.] animals. Any county may contract with any society or organization formed for the prevention of cruelty to animals, or similar [dog] animal protective organization, for [the seizure] animal care and control services, which may include but are not limited to the:

(1) Seizure and impounding of [all unlicensed] stray dogs[, and for the maintenance];

(2) Maintenance of a shelter [or pound for unlicensed dogs, and] for lost, [strayed, and] stray, or homeless dogs[,]; and [for the destruction]

(3) Euthanasia or other disposition of seized dogs not [redeemed] returned to their owners as provided in this chapter. [The county may prescribe in the contract the manner in which the work is to be done by the society or organization and it may also direct the disposition to be made of all dogs seized pursuant to this chapter.]"

SECTION 5. Section 143-16, Hawaii Revised Statutes, is amended to read as follows:

"§143-16 Contract between county of Kauai and Kauai Humane Society. Pursuant to the authorization provided in section 143-15, the county council of the county of Kauai shall contract with the Kauai Humane Society, an incorporated nonprofit association organized under the laws of the State for the prevention of cruelty to animals, upon the subject matters contained in section 143-15 and shall appropriate the moneys collected by the director of finance of the county of Kauai under section 143-3 for use by the Kauai Humane Society.

In addition to the matter contained in section 143-15, the Kauai Humane Society may expend funds turned over by the county to construct a dog [pound] shelter on Kauai; provided that the county council shall first approve the plans for the construction and location of the dog [pound.] shelter."

SECTION 6. Section 143-18, Hawaii Revised Statutes, is amended to read as follows:

"§143-18 Unlawful disposition of impounded dogs. It shall be unlawful for any officer, public or private shelter, or agency contracted by the State or a county for animal care and control services to knowingly sell [or], give, or deliver any impounded [dog] animal to any person, firm, corporation, association, medical college, or university for the purpose of [animal] research, demonstration, diagnosis, or experimentation."

SECTION 7. Section 571-14, Hawaii Revised Statutes, is amended to read as follows:

"§571-14 Jurisdiction; adults. (a) Except as provided in sections 603-21.5 and 604-8, the court shall have exclusive original jurisdiction:

(1) To try any offense committed against a child by the child's parent or guardian or by any other person having the child's legal or physical custody, and any violation of section 707-726, 707-727, 709-902, 709-903, 709-903.5, 709-904, 709-905, 709-906, or 302A-1135, whether or not included in other provisions of this paragraph or paragraph (2).

(2) To try any adult charged with:

(A) Deserting, abandoning, or failing to provide support for any person in violation of law;

(B) An offense, other than a felony, against the person of the defendant's husband or wife;

(C) Any violation of an order issued pursuant to chapter 586; or

(D) Any violation of an order issued by a family court judge.

In any case within paragraph (1) or (2), the court, in its discretion, may waive its jurisdiction over the offense charged.

(3) In all proceedings under chapter 580, and in all proceedings under chapter 584.

(4) In proceedings under chapter 575, the Uniform Desertion and Nonsupport Act, and under chapter 576B, the Uniform Interstate Family Support Act.

(5) For commitment of an adult alleged to be mentally defective or mentally ill.

(6) In all proceedings for support between parent and child or between husband and wife.

(7) In all proceedings for pre-trial detention or waiver of jurisdiction over an adult who was a child at the time of an alleged criminal act as provided in section 571-13 or 571-22.

(8) In all proceedings under chapter 586, Domestic Abuse Protective Orders.

(9) In all proceedings to appoint a guardian of the person of an adult.

(10) For the protection of dependent adults under chapter 346, part X.

In any case within paragraph (3), (4), or (6), the attorney general, through the child support enforcement agency, may exercise concurrent jurisdiction as provided in chapter 576E.

(b) The court shall have concurrent jurisdiction with the district court over violations of sections 707-712, 707-717, 708-822, 708-823, 711-1106, and 711-1106.5 when multiple offenses are charged through complaint or indictment and at least one offense is a violation of an order issued pursuant to chapter 586 or a violation of section 709-906.

(c) The court shall have concurrent jurisdiction with the circuit court over violations of section 711-A."

SECTION 8. Section 603-21.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The several circuit courts shall have concurrent jurisdiction with the family court over:

(1) Any felony under section 571-14, violation of an order issued pursuant to chapter 586, or a violation of section 709-906 when multiple offenses are charged through complaint or indictment and at least one other offense is a criminal offense under subsection (a)(1); [and]

(2) Any felony under section 571-14 when multiple offenses are charged through complaint or indictment and at least one other offense is a violation of an order issued pursuant to chapter 586, a violation of section 709-906, or a misdemeanor under the jurisdiction of section 604-8[.]; and

(3) Any felony under section 711-A."

SECTION 9. Section 711-1100, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "necessary sustenance" to read as follows:

""Necessary sustenance" means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements:

(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

(2) Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;

(3) Access to protection from wind, rain, or sun; [and]

(4) An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health[.]; and

(5) Health care sufficient to prevent or alleviate suffering due to an injury or illness."

2. By amending the definition of "pet animal" to read as follows:

""Pet animal" means a horse, dog, cat, rabbit, guinea pig, domestic rat or mouse, or caged birds (passeriformes, piciformes, and psittaciformes only)."

SECTION 10. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals. (1) [A] Except as provided under sections 711-B and 711-1109.3, 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, in any manner causes bodily injury, 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], including but not limited to, transporting in the back of a pickup truck any animal not properly restrained in a secured carrier or cross-tethered from three-points in the truck bed to prevent the animal from being tossed around or thrown from the truck;

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

(f) Deprives a pet animal of necessary sustenance;

(g) Tethers an animal for more than ten consecutive hours;

(h) Uses a tether on an animal that is not at least ten feet in length; or

(i) Uses a tether on an animal that weighs more than one-eighth of the animal's body weight.

(2) Subsection (1)(a), (b), (d), (e), (f), (g), (h), (i), 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.] euthanized.

(4) Cruelty to animals is a misdemeanor[.] and subject to sentencing under section 711-D."

SECTION 11. Section 711-1109.3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read as follows:

"(1) A person commits the offense of cruelty to animals if the person:

(a) Owns or trains any dog with the intent that [such] the dog shall be engaged in an exhibition of fighting with another dog;

(b) [For amusement or gain, intentionally] Intentionally causes any dog to fight with another dog[,] or causes any dog to injure another dog; or

(c) Knowingly or recklessly permits any act in violation of paragraph (a) or (b) to be done on [the] premises that are under the person's charge or control, or aids or abets any such act."

2. By amending subsection (3) to read as follows:

"(3) Violation of this section shall be a class C felony[.]; and subject to sentencing under section 711-D."

SECTION 12. Section 712-1270, Hawaii Revised Statutes, is amended to read as follows:

"§712-1270 Places used to commit offenses against public health and morals[,] and animals, a nuisance. Every building, premises, or place used for the purpose of violating those laws pertaining to offenses involving animal cruelty in chapter 711 and offenses against public health and morals contained in parts I, II, and IV of this chapter, except offenses under part IV [which] that do not involve the manufacture or distribution of drugs, and every building, premises, or place in or upon which the violations [are held or occur] involving animal cruelty in chapter 711 or in parts I, II, and IV[,] are held or occur is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."

SECTION 13. Section 183D-65, Hawaii Revised Statutes, is repealed.

["§183D-65 Posting; destruction of predators. (a) On any game management area, public hunting area, or forest reserve or other lands under the jurisdiction of the department, predators deemed harmful to wildlife by the department may be destroyed by any means deemed necessary by the department.

(b) Where the predators are dogs and the methods of destruction may endanger pets or hunting dogs, all major points of entrance into the area where the predators are to be destroyed shall be posted with signs indicating that a program of predator destruction in the area is in progress. Any predator may be destroyed in a posted area without claim or penalty whether or not the predator is the property of some person."]

SECTION 14. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 15. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 17. This Act shall take effect upon its approval.

INTRODUCED BY:

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