THE SENATE

S.B. NO.

1068

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

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.  Section 711-1108.5, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:

     "(1)  A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly [tortures,]:

    (a)   Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal[.]; or

    (b)   Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner.

     (2)  Subsection (1) shall not apply to:

    (a)   Accepted veterinary practices;

    (b)   Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; [or]

    (c)   Cropping or docking as customarily practiced[.];

    (d)   Humane euthanasia of any animal by an animal control officer, duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals, or duly authorized governmental agency in accordance with American Veterinary Medical Association accepted standards; or

    (e)   The reasonable use of force by a landowner acting to defend or protect the landowner, another person, or an animal from death, injury, or imminent harm from an animal that is on the landowner's property.  For purposes of this paragraph, "landowner" means the owner in fee of the real property, a lessee, any person having any right, title, or interest in the real property, or an agent or employee of the fee owner, lessee, or person having other right, title, or interest in the real property."

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  Statutory material to be repealed is bracketed and stricken.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


     SECTION 4.  This Act shall take effect on July 1, 2050.

 


 


 

Report Title:

Animal Cruelty

 

Description:

Provides that killing, or attempting to kill, the animal of another person without that person's consent constitutes animal cruelty in the first degree.  Adds exemptions for animal cruelty in the first degree.  Effective 7/1/2050.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.