THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ANIMAL CRUELTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to clarify section 711-1109, Hawaii Revised Statutes, with respect to tethering and restraints. It is not the intent of the legislature to prohibit all tethering, and the legislature acknowledges that it is possible for individuals to humanely tether or restrain dogs.
SECTION 2. Section 711-1109, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (1) to read:
"(1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:
(a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;
(b) Deprives a pet animal of necessary sustenance
or causes [
such] that deprivation;
(c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations;
(d) 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, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;
(e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;
(f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;
(g) Tethers, fastens, ties, or restrains a dog to
a doghouse, tree, fence, or any other stationary object [
by], or uses
a trolley, pulley, cable, or running line designed to attach a dog to two
stationary objects in a configuration that endangers the dog, including
preventing the dog from obtaining necessary sustenance, provided that:
(i) No dog under the age of six months shall be tethered or restrained unless the dog is engaged in an activity supervised by its owner or an agent of its owner;
(ii) No dog shall be tethered or restrained by a tow or log chain if the size or weight of the tow or log chain inhibits the free movement of the dog; and
dog shall be tethered or restrained by means of a choke collar, pinch
collar, or prong collar[
; provided that a person is not prohibited from
using such restraints when walking a dog with a hand-held leash or while a]
unless the dog is engaged in [ a supervised] an activity[ ;]
supervised by its owner or an agent of its owner; or
(h) Assists another in the commission of any act specified in subsections (1)(a) through (1)(g)."
2. By amending subsection (4) to read:
"(4) Cruelty to animals in the second degree is a
misdemeanor, except [
where] that if the offense involves ten or
more pet animals in any one instance [ which], then cruelty to animals
in the second degree is a class C felony."
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 on October 1, 2020.
Cruelty to Animals; Dogs; Restraints; Tethers; Penalties
Prohibits specified trolleys, pulleys, cables, or running lines designed to attach a dog to two stationary objects in a configuration that endangers the dog, including by depriving the dog of sustenance. Prohibits tethering or restraining a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner. Prohibits tethering or restraining a dog with a tow or log chain if the tow or log chain inhibits the free movement of the dog. Prohibits tethering or restraining a dog with a choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner. Effective 10/1/2020. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.