THE SENATE

S.B. NO.

2026

TWENTY-SEVENTH LEGISLATURE, 2014

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

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 dogs or cats for human consumption; and

(2) Include dogs and cats that are 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 dogs or cats for human consumption. (1) A person commits the offense of cruelty to animals by slaughtering or trafficking dogs or cats for human consumption if the person intentionally:

(a) Slaughters any dog or cat for the purpose of human consumption;

(b) Traffics any dog or cat, or dog or cat products, for the purpose of human consumption; or

(c) Possesses any dog or cat products for the purpose of human consumption.

(2) For purposes of this section:

"Dog or cat products" means the carcass or part of a carcass of any dog or cat.

"Sell" means the transfer of any dog or cat, or dog or cat products, to another for any consideration.

"Traffic" means to breed, raise, sell, offer for sale, exchange, gift, transport, purchase, receive, trade, or barter any dog or cat, or dog or cat product.

(3) Nothing in this section shall preclude prosecution of conduct that constitutes a violation of this section under other applicable law.

(4) Cruelty to animals by slaughtering or trafficking dogs or cats 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2100.



 

Report Title:

Penal Code; Animal Cruelty; Slaughter or Trafficking of Dogs or Cats for Human Consumption

 

Description:

Establishes the offense of Cruelty to Animals by Slaughtering or Trafficking Dogs or Cats for Human Consumption. Includes dogs and cats bred for human consumption in the definition of "pet animal". (SB2026 HD2)

 

 

 

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