STAND. COM. REP. NO. 487

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 978

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 978 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 impose a mandatory sentence of one year of imprisonment on a defendant convicted of cruelty to animals in the second degree involving five or more pet animals in any one instance.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, Humane Society of the United States-Hawaii, and two private individuals.  Testimony in opposition to this measure was submitted by the Office of the Public Defender and one private individual.

 

     Your Committee finds that in a recent animal cruelty case, the judge sentenced the former manager of a Waimanalo dog breeding facility to six months in jail for one hundred fifty-three counts of animal cruelty.  However, the defendant was released from custody for time served while waiting for trial.  This measure ensures that defendants convicted of multiple counts of cruelty to animals in the second degree serve time for the crimes committed.

 

     Your Committee notes the concerns raised by the Office of the Public Defender that the outcome of a single case should not be the impetus to propose changes to the criminal justice system.  However, your Committee believes that this measure represents a clear message that animal cruelty is an intolerable criminal act.

 

     In addition, your Committee clarified that this measure is not intended to give pet animals a higher priority over criminal acts committed against five or more individuals in any one instance.  Your Committee further notes that S.B. No. 421 (Regular Session of 2013) provides the same mandatory sentence of one year of imprisonment on a defendant who is convicted of certain criminal acts committed against five or more individuals or pet animals.

 

     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. 978 and recommends that it pass Second Reading 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