Report Title:

Law Enforcement Animals; Offenses; Restitution

Description:

Establishes offenses of endangering a law enforcement animal and interfering with a law enforcement animal; provides definitions; requires restitution for violations.

THE SENATE

S.B. NO.

605

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to offenses against public administration.

 

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

SECTION 1. Chapter 710, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . LAW ENFORCEMENT ANIMALS

§710-A Law enforcement animals; definitions. As used in this part:

"Bodily injury" means physical pain, illness, or any impairment of physical condition.

"Law enforcement animal" means a horse or dog that is trained to perform law enforcement duties under the supervision of a law enforcement officer.

"Return to full function" means capable of returning to full duty and the law enforcement activities for which the law enforcement animal was trained.

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes serious, permanent

disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

"Substantial bodily injury" means bodily injury that causes:

(a) A major avulsion, laceration, or penetration of the skin;

(b) A burn of at least second degree severity;

(c) A bone fracture;

(d) A serious concussion; or

(e) A tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs.

§710-B Endangering a law enforcement animal in the first degree. (1) A person commits the offense of endangering a law enforcement animal in the first degree if:

(a) The person intentionally or knowingly causes serious or substantial bodily injury or death to an animal that the person knows or reasonably should know is a law enforcement animal; or

(b) The person recklessly causes serious bodily injury or the death of an animal that the person knows or reasonably should have known is a law enforcement animal.

(2) Endangering a law enforcement animal in the first degree is a class C felony.

§710-C Endangering a law enforcement animal in the second degree. (1) A person commits the offense of endangering a law enforcement animal in the second degree if:

(a) The person strikes, shoves, or kicks the law enforcement animal or causes bodily injury to an animal that the person knows or reasonably should know is a law enforcement animal; or

(b) The person recklessly causes substantial bodily injury to an animal that the person knows or reasonably should know is a law enforcement animal.

(2) Endangering a law enforcement animal in the second degree is a misdemeanor.

§710-D Endangering a law enforcement animal in the third degree. (1) A person commits the offense of endangering a law enforcement animal in the third degree if the person recklessly causes bodily injury to an animal that the person knows or reasonably should know is a law enforcement animal.

(2) Endangering a law enforcement animal in the third degree is a petty misdemeanor.

§710-E Interfering with a law enforcement animal. (1) A person commits the offense of interfering with a law enforcement animal if:

(a) The person, by the person's actions, intends to disrupt, distract, agitate, alarm, or provoke a violent response from the animal; or

(b) The person subjects the law enforcement animal to physical contact likely to provoke a violent response.

(2) Interfering with a law enforcement animal is a petty misdemeanor.

§710-F Restitution for injuring or killing a law enforcement animal. Any person convicted of violating section 710-B, 710-C, 710-D, or 710-E, shall make restitution to the law enforcement agency or officer that owns the law enforcement animal for:

(a) Veterinary services or other medical costs;

(b) Replacement costs if the animal is unable to return to full function, is disabled, or killed; and

(c) Any other costs related to violation of this section."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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