Report Title:

Animal Rights & Ecological Terrorism

Description:

Creates criminal offenses involving acts against certain activities involving animals or natural resources. Creates civil remedies arising from these offenses.

HOUSE OF REPRESENTATIVES

H.B. NO.

2550

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to animal rights and ecological terrorism.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter A

offenses against animals and natural resources

§A-1 Definitions. In this chapter, unless a different meaning is plainly required:

"Activity involving animals" means any lawful activity involving the use of animals, including:

(1) Hunting and trapping;

(2) Food production, processing, and preparation;

(3) Clothing manufacturing and distribution;

(4) Medical or other research;

(5) Entertainment and recreation; and

(6) Agriculture.

"Activity involving natural resources" means any lawful activity involving the use of a natural resource with an economic value, including mining, foresting, harvesting, or processing natural resources.

"Animal facility" means a vehicle, building, structure, or other premises where an animal is lawfully:

(1) Housed, exhibited, or offered for sale, including a zoo, amusement park, or preserve or a location at which a circus or a rodeo or other competitive event is held; or

(2) Used for scientific purposes, including research, testing, and experiments.

"Animal rights or ecological terrorist organization" means two or more persons organized for the purpose of supporting any politically motivated activity intended to obstruct or deter any person from participating in an activity involving animals or any activity involving natural resources.

"Political motivation" means intent to influence a governmental entity or the public to take a specific political action.

§A-2 Offenses. (a) A person commits an offense against animals or natural resources if the person, with political motivation or while acting on behalf of an animal rights or ecological terrorist organization:

(1) Prevents an individual from lawfully participating in an activity involving animals or an activity involving natural resources by:

(A) Obstructing the use of an animal or a natural resource owned by the individual, if the obstruction is for a period of time sufficient to significantly decrease the value or enjoyment of the animal or the natural resource to the individual;

(B) Damaging or disposing of an animal or a natural resource owned by the individual, if the damage or disposal substantially reduces the condition or usefulness of the animal or the natural resources; or

(C) Detaining an animal or a natural resource owned by the individual and demanding compensation in exchange for release of the animal or the natural resource; or

(2) Prevents an individual's use of an animal facility without the effective consent of the facility's owner by:

(A) Damaging the facility or property in the facility;

(B) Physically disrupting the operation of the facility;

(C) Unlawfully entering or remaining in the facility and engaging in an activity described by paragraph (1);

(D) Unlawfully entering or remaining in the facility despite notice denying entry; or

(E) Entering the facility to take photographs or a video recording with the intent to defame the facility or the facility's owner.

(b) A person commits an offense against animals or natural resources if the person knowingly provides financial support, resources, or other assistance to an animal rights or ecological terrorism organization for the purpose of assisting the organization in carrying out an act described in subsection (a).

(c) An offense under subsection (b) is a misdemeanor. An offense under subsection (a) is:

(1) A misdemeanor if the amount of pecuniary loss resulting from the commission of the offense is less than $500;

(2) A class C felony if the amount of the pecuniary loss is $500 or more; or

(3) A class B felony if the offense results in bodily harm to any individual.

(d) Subsection (a) shall not apply if the conduct is engaged in by:

(1) An employee of a government agency acting in the course and scope of their employment;

(2) An employee of a financial institution or other secured party acting in the course and scope of their employment; or

(3) An employee of an animal control authority or a recognized animal shelter or human society acting in the course and scope of their employment.

(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under either or both laws."

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter B

animal rights or ecological terrorism

§B-1 Cause of action. (a) A person who is injured or whose property has been injured as a result of an offense under chapter A, has a civil cause of action if the conduct constituting the offense was committed knowingly or intentionally.

(b) A person shall bring suit for damages under this chapter within five years from the date of the last act in the course of the conduct constituting an offense under chapter A, or within two years from the date the claimant first discovered or had reasonable opportunity to discover the offense.

§B-2 Damages. A person who establishes a cause of action under this chapter may recover:

(1) An amount equal to three times the amount of economic damages, including any damages related to damaged records, lost profits, or the cost of repeating an experiment; and

(2) Court costs and reasonable attorney's fees.

§B-3 Information regarding animal rights or ecological terrorism. (a) The department of agriculture shall create a record of each individual who commits an offense involving animals and the department of land and natural resources shall create a record of each individual who commits an offense involving natural resources under chapter A.

(b) A record created under this section shall include the individual's name, residence address, signature, and a recent photograph of the individual.

(c) If an individual who is the subject of a record makes a change in name or address, the individual, not later than thirty days after making the change, shall provide to the department of agriculture or department of land and natural resources written notice of the change.

(d) The department of agriculture and department of land and natural resources shall maintain internet websites containing each record described by this section. A record shall remain on the website for at least three years, at which time the individual who is the subject of the record may apply to the department of agriculture or department of land and natural resources for a hearing on removal of the record."

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. In codifying the new chapters added by sections 1 and 2 of this Act, the revisor of statutes shall substitute appropriate chapter numbers for the letters used in designating the new chapters in this Act.

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

INTRODUCED BY:

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