Report Title:

Crimes; Animal Cruelty; Nuisance

Description:

Establishes class C felony offense for aggravated cruelty to animals. Makes it a crime to manufacture, buy, sell, or possess cockfighting and related equipment. Requires a person convicted of these offenses to undergo counseling. Amends cruelty to animals law to add carrying dog in pickup bed without being cross-tied. Makes places used to commit cruelty to animal offenses subject to nuisance abatement law.

THE SENATE

S.B. NO.

3137

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ANIMAL CRUELTY.

 

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

SECTION 1. The legislature finds that 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 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 that 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.

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) Intentionally or knowingly overdrives, overloads, tortures, torments, beats, or starves any animal, or causes or procures the overdriving, overloading, torture, torment, cruel beating, or starving of any animal;

(b) Intentionally or knowingly mutilates, poisons, in any manner causes or allows serious bodily injury, or kills without need any animal other than insects, vermin, or other pests;

(c) Intentionally or knowingly 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 animal, and every person who encourages, aids, or assists therein or who permits or suffers any place to be so kept or used;

(d) Intentionally or knowingly carries or causes to be carried on public property, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner, including, but not 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) Intentionally or knowingly encourages, aids, or assists another in the commission of any act of cruelty to any animal;

(f) Intentionally or knowingly deprives a pet animal of necessary sustenance;

(g) Kills or injures an animal with intent to frighten or intimidate, or in reckless disregard of the risk of frightening or intimidating, another person or intentionally forces another person to injure or kill an animal; or

(h) Commits an offense under section 711-1109, 711-1109.3, 711-A, or 711-B against animals when having been previously convicted under section 711-1109, 711-1109.3, 711-A, or 711-B. As used in this paragraph, "previously convicted" means a sentence imposed at the same time or a sentence previously imposed that has not been set aside, reversed, or vacated at the time of the offense.

(2) Aggravated cruelty to animals is a class C felony and subject to section 711-C.

(3) Subsection (1)(a), (b), (c), (d), and (f), and subsection (4) do not apply to accepted veterinary practices and to activities carried on for scientific research governed by standards of accepted educational or medicinal practices.

(4) 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 euthanized.

(5) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply.

§711-B 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 fighting fowl.

(2) Violation of this section shall be a petty misdemeanor; provided that:

(a) No fine imposed shall less than $250 or more than $1,000; and

(b) The person shall also be subject to section 711-C.

(3) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply.

§711-C Penalty. In addition to any other sentence the court may impose, the court shall order any person convicted of violating section 711-1109, 711-1109.3, 711-A, or 711-B to pay for and successfully complete counseling, as determined by the court, that is designed to evaluate and treat behavior or conduct disorders. Any counseling imposed under this section shall be in addition to any other terms and conditions under chapter 706."

SECTION 3. 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.

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

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-A(g)."

SECTION 4. Section 603-21.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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) Any felony under section 711-A(g)."

SECTION 5. Section 711-1100, Hawaii Revised Statutes, is amended By amending the definitions of "necessary sustenance" and "pet animal" 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."

"Pet animal" means a horse, dog, cat, rabbit, guinea pig, domestic rat or mouse, or caged birds (passeriformes, piciformes, and psittaciformes only).

SECTION 6. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals. (1) [A] Except as provided in sections 711-A and 711-1109.3, 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 not limited to, transporting in the back of a pickup truck any animal not properly restrained in a secured carrier or cross-tied 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 a pet animal of necessary sustenance.

(2) Subsection (1)(a), (b), (d), (e), (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[.] and subject to the provisions of section 711-C."

SECTION 7. Section 711-1109.3, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109.3 Cruelty to animals; fighting dogs. (1) A person commits the offense of cruelty to animals if the person:

(a) Owns or trains any dog with the intent that [such] the 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) 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.

(3) Violation of this section shall be a class C felony[.] and subject to the provisions of section 711-C.

(4) If there is any conflict between this section and section 711-1109, [or any other provision of law,] this section shall apply."

SECTION 8. Section 712-1270, Hawaii Revised Statutes, is amended to read as follows:

"§712-1270 Places used to commit cruelty to animals and offenses against public health and morals, a nuisance. Every building, premises, or place [used]:

(1) Used for the purpose of violating [those laws pertaining to] section 711-1109.3 or offenses against public health and morals contained in parts I, II, and IV of this chapter, except offenses under part IV [which] that do not involve the manufacture or distribution of drugs[, and every building, premises, or place in]; and

(2) In or upon which the violations [are held or occur] under section 711-1109.3 or offenses in parts I, II, and IV[,] of this chapter are held or occur;

is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."

SECTION 9. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 11. This Act shall take effect upon its approval.

INTRODUCED BY:

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