Report Title:

Cruelty to Animals

Description:

Creates new offenses of aggravated cruelty to animals. (HB976 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

976

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to crime.

 

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- Aggravated cruelty to animals. (1) A person commits the offense of aggravated cruelty to animals if the person:

(a) Commits the offense of cruelty to animals under section 711-1109 and has a conviction for the same offense within five years prior to the commission of the present offense of cruelty to animals under section 711-1109; or

(b) Intentionally, knowingly, or recklessly kills or injures an animal with the intent to frighten or intimidate a person, or forces a person to injure or kill an animal.

(2) Aggravated cruelty to animals is a class C felony."

SECTION 2. 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[.]; and

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

In any case within paragraph (1) or (2), the court, in its discretion, may waive its jurisdiction over the offense charged. 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, 707-722, 708-822, 708-823, 710-1010.5, 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- (1)(b)."

SECTION 3. Section 603-21.5, Hawaii Revised Statutes, is amended to read as follows:

"§603-21.5 General. (a) The several circuit courts shall have jurisdiction, except as otherwise expressly provided by statute, of:

(1) Criminal offenses cognizable under the laws of the State, committed within their respective circuits or transferred to them for trial by change of venue from some other circuit court;

(2) Actions for penalties and forfeitures incurred under the laws of the State;

(3) Civil actions and proceedings, in addition to those listed in sections 603-21.6, 603-21.7, and 603-21.8.

(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) An offense committed under section 711- (1)(b)."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.