Report Title:

Cruelty to Animals; Second Degree

 

Description:

Establishes certain types of animal restraint as an offense of cruelty to animals in the second degree.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1456

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO CRUELTY TO ANIMALS.

 

 

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

 


     SECTION 1.  The purpose of this Act is to recognize that chaining, tethering, or otherwise tying an animal to a stationary object under certain conditions is inhumane by establishing certain types of animal restraint as an offense of cruelty to animals in the second degree.

     SECTION 2.  Section 711-1109, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(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, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal, or deprives a pet animal of necessary sustenance or causes such deprivation;

    (b)   Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;

    (c)   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 every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

    (d)   Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; [or]

    (e)   Kills, has another person kill, or enables a person to kill a pet or companion animal to make use of it for food; or possess, imports into, or exports from, the state, sells, buys, gives away, or accepts any carcass of any pet or companion animal with the intent to use any part of it or have any other person use any part of it as food.  This paragraph shall not be construed to interfere with any agricultural commodity produced in Hawaii or the lawful killing of game mammals with a valid license under section 183D-21.

              As used in this paragraph:

              "Companion animal" means any animal of any species or breed that is actually a companion for a person; and

               "Pet" includes any animal of a species or breed that is traditionally kept as a pet such as dogs, cats, parakeets, and pot belly pigs;

          or

[(e)](f)  Assists another in the commission of any act specified in [subsections] subsection (1)(a) through [(1)(d).] (e)."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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