Report Title:

Cruelty to Animals; Cockfighting; Dogs

Description:

Creates new offenses of aggravated cruelty to animals, cruelty to animals by cockfighting, possession and manufacturing of cockfighting and related equipment; clarifies cruelty to animals law; provides for nuisance violation for premises upon which cockfighting or dog fighting occurs.

THE SENATE

S.B. NO.

1581

TWENTY-SECOND LEGISLATURE, 2003

 

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. The legislature finds violence, whether against humans or animals, must not be tolerated in our community. Evidence continues to mount regarding the link between abusing animals and committing violent acts against humans. Every community should address the roots of this issue, by addressing the mistreatment and flawed attitudes regarding animal abuse. By ridding our community of animal abuse we will also help to alleviate acts of violence against people. Mahatma Gandhi said, "The greatness of a nation and its moral progress can be judged by the way animals are treated." Hawaii can take another step closer to being safe and secure by making a clear statement of how our community will seriously punish those who commit acts of violence against animals. Revising Hawaii's animal cruelty law will protect animals and make a clear statement that our community will not tolerate violence of any kind.

The purpose of this Act is to create new criminal offenses relating to cockfighting and cruelty to animals, to include transport of an animal in the back of a pickup truck without proper restraint for safety as a cruelty to animals offense, and to provide that premises used for cockfighting or dog fighting are subject to nuisance violations.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

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

(a) Commits an act against an animal that is especially heinous, atrocious, cruel, or unnecessarily tortuous and that manifests exceptional depravity in the process, so as to manifest a lack of conscience or pity;

(b) Commits an offense under section 711-1109, 711-1109.3, 711-A, 711-B, or 711-C against animals when having been previously convicted under section 711-1109, 711-1109.3, 711-A, 711-B, or 711-C; or

(c) 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. In addition, the court shall order the defendant to undergo, pay for, and successfully complete counseling that is designed to evaluate and treat behavioral or conduct disorders.

§711-B Cruelty to animals; cockfighting. (1) A person commits the offense of cruelty to animals involving cockfighting if the person:

(a) Owns, trains, possesses, or sells a game cock or other fowl known by nature to have a propensity to fight, with the intent to engage in an exhibition of fighting with another game cock or other fighting fowl; or

(b) Intentionally causes a game cock or other fowl known by nature to have a propensity to fight, to fight with another game cock or other fighting fowl, or intentionally causes a game cock or other fighting fowl to injure another game cock or other fighting fowl;

(c) Knowingly aids or abets another person in committing acts in violation of paragraphs (a) or (b); or

(d) Knowingly or recklessly permits an act in violation of paragraphs (a) or (b) to occur on the premises of the person; provided that the premises are under the charge and control of the person.

(2) Violation of this section shall be a class C felony. In addition, the court shall order the defendant to undergo, pay for, and successfully complete counseling that is designed to evaluate and treat behavioral or conduct disorders.

§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 fowl known by nature to have a propensity to fight.

(2) Violation of this section shall be a petty misdemeanor. In addition, the court shall order the defendant to undergo, pay for, and successfully complete counseling that is designed to evaluate and treat behavioral or conduct disorders."

SECTION 3. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part V be appropriately designated and to read as follows:

"§712- Places used for cockfighting and dog fighting, a nuisance. Every building, premises, or place used for the purpose of violating section 711-B or section 711-1109.3 is a nuisance that shall be enjoined, abated, and prevented."

SECTION 4. Section 711-1100, Hawaii Revised Statutes, is amended 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) Veterinary care sufficient to prevent or alleviate suffering due to an injury or illness."

SECTION 5. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals. (1) 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 serious 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 limited to, transporting in the back of a pickup truck any animal not properly restrained in a secured carrier or cross-tied 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[.]; or

(f) Deprives the animal of necessary sustenance.

(2) Subsection (1)(a), (b), (d), (e), and (f), 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. In addition, the court shall order the defendant to undergo, pay for, and successfully complete counseling that is designed to evaluate and treat behavioral or conduct disorders."

SECTION 6. Section 711-1109.3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read:

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

(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] 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:

"(3) Violation of this section shall be a class C felony. In addition, the court shall order the defendant to undergo, pay for, and successfully complete counseling that is designed to evaluate and treat behavioral or conduct disorders."

SECTION 7. In codifying this Act, the revisor of statutes shall substitute appropriate section numbers for references used in this Act.

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:

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