Report Title:

Crimes; Animal Cruelty

Description:

Creates the offense of aggravated animal cruelty, a class C felony.

HOUSE OF REPRESENTATIVES

H.B. NO.

1168

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ANIMALS.

 

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

SECTION 1. The legislature finds that no animal should have to suffer from human behaviors. Animal cruelty involves human behaviors that are harmful to animals, ranging from neglect to malicious killing. Studies have shown that there is a connection between animal cruelty and human violence, which in turn may lead to crime and larger societal problems. An official response to animal cruelty may provide the first opportunity to get help while also saving society from the consequences of such behavior.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§711- Aggravated cruelty to animals. (1) A person commits the offense of aggravated cruelty to animals if the person:

(a) Commits an offense under section 711-1109(a) or (b) and, within the five years preceding the offense, has been convicted three or more times for an offense under section 711-1109(a) or (b); provided this subsection shall not apply where the commission of any offense involves fighting cocks; or

(b) Intentionally, knowingly, or recklessly kills or injures a pet animal, with the intent to frighten or intimidate a person, or forces another person to injure or kill a pet animal.

(2) Aggravated cruelty to animals is a class C felony."

SECTION 3. Section 571-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The court shall have concurrent jurisdiction with the circuit court over violations of section 711-1106.4[.] and section 711- (l)(b)."

SECTION 4. Section 603-21.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The several circuit courts shall have concurrent jurisdiction with the family court over:

(1) Any felony under section 571-14, violation of an order issued pursuant to chapter 586, or a violation of section 709-906 when multiple offenses are charged through complaint or indictment and at least one other offense is a criminal offense under subsection (a)(1);

(2) Any felony under section 571-14 when multiple offenses are charged through complaint or indictment and at least one other offense is a violation of an order issued pursuant to chapter 586, a violation of section 709-906, or a misdemeanor under the jurisdiction of section 604-8;

(3) Any violation of section 711-1106.4; [and]

(4) Guardianships and related proceedings concerning incapacitated adults pursuant to article V of chapter 560[.]; and

(5) Any felony under section 71l- (1)(b)."

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

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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