Report Title:

Peace Officers; Horses and Dogs; Endangerment

 

Description:

Creates the offenses of endangering a peace officer's horse or dog in the first and second degree as a class C felony and misdemeanor, respectively. Amends the law relating to obstructing government operations to include a peace officer's horse and dog. Requires the payment of restitution. (SD1)

 

THE SENATE

S.B. NO.

1617

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING to Peace OFFICERS' ANIMALS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purposes of this Act are to:

(1) Create the offense of endangering a peace officer's horse or dog in the first degree, as the intentional or knowing infliction of serious physical injury or death of that horse or dog, which is a class C felony;

(2) Create the offense of endangering a peace officer's horse or dog in the second degree, as the reckless infliction of serious physical injury or death of that horse or dog, which is a misdemeanor;

(3) Amend the law relating to obstructing government operations to include the use of a peace officer's horse and dog; and

(4) Require appropriate restitution to the law enforcement agency or peace officer, or both.

SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§710-A Endangering a peace officer's horse or dog in the first degree. (1) A person endangers a peace officer's horse or dog in the first degree if that person intentionally or knowingly inflicts serious physical injury or causes the death of that horse or dog.

(2) Endangering a peace officer's horse or dog in the first degree is a class C felony.

§710-B Endangering a peace officer's horse or dog in the second degree. (1) A person endangers a peace officer's horse or dog in the second degree if that person recklessly inflicts serious physical injury or causes the death of that horse or dog.

(2) Endangering a peace officer's horse or dog in the second degree is a misdemeanor.

§710-C Restitution for peace officer's horse or dog. Any person who is convicted of a violation of section 710-A or 710-B shall make restitution to the affected law enforcement agency that employs the peace officer, to the peace officer who owns the horse or dog, or both, for:

(1) Any veterinary bills;

(2) Replacement costs of the animal if it is disabled or killed;

(3) Compensation to the peace officer for the period of time in which the officer's services are lost to the agency; and

(4) Any other related costs."

SECTION 3. Section 710-1000, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Peace officer" means any public servant, whether employed by the United States, the State, or any political subdivision of the United States or the State, who is required by law to maintain public order, make arrests for offenses, or enforce the penal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.

"Serious physical injury" means bodily injury which causes:

(a) Bone fracture;

(b) Major avulsion, laceration, or penetration of the skin;

(c) Loss or impairment of function of any bodily member;

(d) Chemical, electrical, friction, or scalding burn of second degree severity;

(e) Serious concussion; or

(f) Tearing, rupturing, or corrosive damage to the esophagus, viscera, or other internal organs."

SECTION 4. Section 710-1010, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of obstructing government operations if, by using or threatening to use violence, force, or physical interference or obstacle, or by frightening, teasing, agitating, harassing, or hindering any horse or dog being used by any peace officer, the person intentionally obstructs, impairs, or hinders:

(a) The performance of a governmental function by a public servant acting under color of the public servant's official authority; or

(b) The enforcement of the penal law or the preservation of the peace by a peace officer acting under color of the peace officer's official authority."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.