STAND. COM. REP. NO. 2451

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2486

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2486 entitled:

 

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to include pets and livestock as property that, if threatened to be damaged or harmed, may constitute the offense of terroristic threatening.

 

     Your Committee received testimony in support of this measure from the Hawaiian Humane Society and fifty-four private individuals.  Testimony in opposition to this measure was submitted by one private individual.  The Office of the Public Defender submitted comments.

 

     Your Committee finds that this measure clarifies that threatening to cause serious damage to the property of another person includes threatening to damage or harm the pets and livestock of that person under the terroristic threatening offense.  However, your Committee notes the concerns raised by the Office of the Public Defender regarding language in this measure that may be misinterpreted to mean that the defendant committed a felony with the intent to terrorize the pet or livestock rather than the person.  This interpretation could result in the prosecution having to prove that the pet or livestock animal felt terrorized, which is difficult to prove.

 

     As such, your Committee has amended this measure by:

 

     (1)  Removing language to clarify that the terrorization is to another person, not the pet or livestock animal;

 

     (2)  Inserting a savings clause;

 

     (3)  Inserting an effective date of July 1, 2050, to ensure further discussion; and

 

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2486, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2486, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair