Report Title:

Cruelty to Animals

Description:

Prohibits the public from using snares, leghold traps, or traps that are designed to injure, capture, or kill animals and make the use of those devices and methods a misdemeanor offense under the penal code.

HOUSE OF REPRESENTATIVES

H.B. NO.

1701

TWENTY-THIRD LEGISLATURE, 2005

 

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. Snares, leghold traps, and traps that are designed to injure are sometimes used by private individuals and groups for the control of animal populations, especially under circumstances in which those populations are suspected or known to interfere with endangered species management. Death of a trapped animal is often slow and painful, from shock, dehydration, starvation, and infection. The legislature finds that the use of those modalities to control animal populations is exceptionally cruel.

The purpose of this Act is to prohibit, among other things, all private individuals and groups from using snares, leghold traps, or traps that are designed to injure, for the purpose of trapping or killing animals, and makes the use of those devices or methods a misdemeanor offense under the penal code.

SECTION 2. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals. (1) [A] Except as provided in section 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 pick up truck on public property or roadways, 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[.];

(f) Deprives a pet animal of necessary sustenance; or

(g) Uses snares, leghold traps, or traps that are primarily designed to injure, for the purpose of capturing or killing animals.

(2) Subsection (1)(a), (b), (d), [(e)] (f), (g) 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."

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 Statutory material to be repealed is bracketed and stricken.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

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

INTRODUCED BY:

_____________________________