THE SENATE

S.B. NO.

2026

TWENTY-SEVENTH LEGISLATURE, 2014

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

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 despite the enactment of several animal cruelty offenses, local humane societies, law enforcement agencies, and animal protection groups continue to receive reports of dogs and cats being sold, trafficked, or slaughtered for human consumption. Some of these cases involve dogs and cats that were stolen or lost or acquired via online advertisements for dogs or cats stating "free to good home".

In 2007, two defendants were prosecuted in Hawaii for stealing a pet dog from the Moanalua Golf Course and killing the dog with the intention of eating the animal. However, the defendants were charged based on their admission to stealing and butchering the dog rather than killing the pet to consume it because the Hawaii penal code does not prohibit the slaughtering or trafficking of dogs or cats for human consumption.

There are nearly a dozen states in the United States that prohibit the slaughter of dogs or cats or the sale of dog or cat products for the purpose of human consumption. The Philippines, Taiwan, and Hong Kong also prohibit the sale or trafficking of dogs or cats for human consumption because the consumption of these animals may spread disease to humans.

The purpose of this Act is to:

(1) Prohibit the slaughtering or trafficking of pet animals for human consumption; and

(2) Include dogs and cats, whether or not bred for human consumption, in the definition of "pet animals."

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

"711-   Cruelty to animals by slaughtering or trafficking pet animals for human consumption. (1) A person commits the offense of cruelty to animals by slaughtering or trafficking pet animals for human consumption if the person intentionally:

(a) Slaughters, by the person's self or in conspiracy with another person, any pet animal for the purpose of human consumption; or

(b) Traffics any pet animal for the purpose of human consumption.

(2) For purposes of this section:

"Pet animal" shall have the same meaning as in section 711-1100, including the carcass or part of a carcass of any pet animal.

"Sell" means the transfer of any pet animal to another for any consideration for the purpose of human consumption.

"Slaughter" means to kill any pet animal for human consumption.

"Traffics" means breeds, raises, sells, offers for sale, exchanges, transports, transfers, receives, trades, or barters any pet animal for the purpose of human consumption.

(3) Nothing in this section shall prohibit the lawful slaughter of animals as permitted by the department of agriculture.

(4) Nothing in this section shall limit the application of any other law relative to the violation of this section.

(5) Cruelty to animals by slaughtering or trafficking any pet animal for human consumption is a misdemeanor."

SECTION 3. Section 711-1100, Hawaii Revised Statutes, is amended by amending the definition of "pet animal" to read as follows:

""Pet animal" means [a]:

(1) Any dog[,] or cat[,]; or

(2) A domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.



 

Report Title:

Penal Code; Animal Cruelty; Slaughter or Trafficking of Pet Animals for Human Consumption

 

Description:

Prohibits the slaughtering or trafficking of pet animals for human consumption. Includes dogs and cats, whether or not bred for human consumption, in the definition of "pet animal". (SB2026 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.