Report Title:

Cruelty to Animals; Possession of Gaff

 

Description:

Prohibits possession of gaff designed to be attached to gamecock or other fighting fowl. Effective 7/1/2050. (SD1)

 


THE SENATE

S.B. NO.

1194

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO OFFENSES AGAINST PUBLIC ORDER.

 

 

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

 


SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"711-   Gaffs or slashers prohibited. (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 gamecock or other fighting fowl.

(2) Violation of this section is a petty misdemeanor and in addition to any other sentence the court may impose, a person convicted under this section shall be sentenced as follows without possibility of suspension of sentence:

(a) For a first offense:

(i) Completion of an animal cruelty education or prevention program; and

(ii) A fine of $400; provided that, upon the defendant's request, the court may grant eighty hours of community service in lieu of the fine;

(b) For a second offense:

(i) Completion of an animal cruelty education or prevention program; and

(ii) A fine of $750; provided that, upon the defendant's request, the court may grant one hundred fifty hours of community service in lieu of the fine; and

(c) For a third or subsequent offense:

(i) Completion of an animal cruelty education or prevention program; and

(ii) A fine of $1,000; provided that, upon the defendant's request, the court may grant two hundred hours of community service in lieu of the fine."

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. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.