Report Title:

Crimes; Dog Fighting

 

Description:

Amends current statute to clarify acts constituting prohibited dog fighting. (HB730 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

730

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO CRUELTY TO ANIMALS.

 

 

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

 


SECTION 1. Section 711-1109.3, Hawaii Revised Statutes, is amended to read as follows:

"711-1109.3  Cruelty to animals[;]by fighting dogs.  (1)  A person commits the offense of cruelty to animals by fighting dogs if the person[:], for entertainment or financial gain, knowingly:

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

(b) For amusement or gain, 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 under the person's charge or control, or aids or abets any such act.]

(a) Causes, sponsors, arranges, or holds a dogfight;

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

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

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

(e) Wagers or pays admission on a dogfight; or

(f) 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) 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

(c) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law[.] ,including dog weight-pulling contests.

(3) Violation of this section shall be a class C felony[.] ; provided that a violation under subsections (e) and (f) is a misdemeanor.

(4) If there is any conflict between this section and

section 711-1109, or any other provision of law, this section shall apply.

(5) As used in this section:

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

"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."

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 on January 1, 2046.