Report Title:

Crimes; Animal Cruelty

Description:

Creates the class C felony offense of aggravated cruelty to animals. Requires offenders to undergo treatment for behavior or conduct disorders.

HOUSE OF REPRESENTATIVES

H.B. NO.

3240

TWENTY-THIRD LEGISLATURE, 2006

 

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. The legislature finds that violence, whether against humans or animals, must not be tolerated in our community. Evidence continues to mount regarding the link between abuse of animals and violent acts committed against humans. Every community should address the roots of this problem by addressing the mistreatment and flawed attitudes regarding animal abuse. By ridding our community of animal abuse we will also help alleviate acts of violence against people. Mahatma Gandhi said, "The greatness of a nation and its moral progress can be judged by the way animals are treated".

The legislature further finds that Hawaii can take another step closer to being safe and secure by making a clear statement of how our community will seriously punish those who commit acts of violence against animals. The purpose of this Act is to revise Hawaii's animal cruelty laws to help protect animals and make a clear statement that our community will not tolerate violence of any kind.

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

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

(a) Intentionally or knowingly overdrives, overloads, tortures, torments, beats, or starves any animal or causes or procures the overdriving, overloading, torture, torment, beating, or starving of any animal;

(b) Intentionally or knowingly mutilates, poisons, in any manner causes or allows serious bodily injury to, or kills without need any animal other than insects, vermin, or other pests;

(c) Intentionally or knowingly carries or causes to be carried on public property, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;

(d) Intentionally or knowingly encourages, aids, or assists another in the commission of any act of cruelty to any animal;

(e) Intentionally or knowingly deprives a pet animal of necessary sustenance;

(f) Intentionally, knowingly, or recklessly kills or injures an animal with intent to frighten or intimidate, or in reckless disregard of the risk of frightening or intimidating, another person or intentionally forces another person to injure or kill an animal; or

(g) Except for section 711-1109(c), commits an offense under section 711-1109 or 711-1109.3 and has, within two years preceding the offense, two or more convictions for the same offense.

(2) Subsection (1)(a), (b), (c), (d), and (f), and subsection (4) do not apply to accepted veterinary practices and to activities carried on for scientific research governed by standards of accepted educational or medicinal practices.

(3) Whenever any domestic animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately euthanized without creating any liability under this section.

(4) Aggravated cruelty to animals is a class C felony. Any person convicted and sentenced under this section shall also be subject to the requirements of section 711-B.

(5) If there is any conflict between this section and section 711-1109, 711-1109.3, or any other provision of law, this section shall apply.

§711-B Penalty. In addition to any other sentence the court may impose, the court shall order any person convicted of violating section 711-1109, 711-1109.3, or 711-A to pay for and successfully complete counseling, as determined by the court, that is designed to evaluate and treat behavior or conduct disorders. Any counseling imposed under this section shall be in addition to any other terms and conditions imposed pursuant to chapter 706."

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] sections 711-1106.4 and 711-A(1)(f)."

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;] sections 711-1106.4 and 711-A(1)(f); and

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

SECTION 5. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals. (1) [A] Except as provided in sections 711-A and 711-1109.3, a person commits the offense of cruelty to animals if the person [intentionally, knowingly, or] recklessly:

(a) Overdrives, overloads, tortures, torments, [cruelly] beats, or starves any animal[,] or causes or procures the overdriving, overloading, torture, torment, [cruel] beating or starving of any animal[, or deprives a pet animal of necessary sustenance or causes such deprivation];

(b) Mutilates, poisons, in any manner causes serious bodily injury to, 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, [dog,] 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], including, but not limited to, transporting in the back of a pickup truck any animal not properly restrained in a secured carrier or cross-tied in the truck bed to prevent the animal from being tossed around or thrown from the truck;

(e) Assists another in the commission of any act of cruelty to any animal[.]; or

(f) Deprives a pet animal of necessary sustenance.

(2) Subsection (1)(a), (b), (d), (e) and [the following] subsection (3) are not applicable to accepted veterinary practices and to activities carried on for scientific research governed by standards of accepted educational or medicinal practices.

(3) Whenever any domestic animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately [destroyed.] euthanized without creating any liability under this section.

(4) Cruelty to animals is a misdemeanor[.] and shall be subject to section 711-B."

SECTION 6. Section 711-1109.3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read:

"(1) A person commits the offense of cruelty to animals if the person:

(a) Owns or trains any dog with the intent that [such] the dog shall be engaged in an exhibition of fighting with another dog;

(b) [For amusement or gain, intentionally] Intentionally causes any dog to fight with another dog[,] or causes any dog to injure another dog; or

(c) Knowingly or recklessly permits any act in violation of paragraph (a) or (b) to be done on [the] premises that are under the person's charge or control, or aids or abets any such act."

2. By amending subsections (3) and (4) to read:

"(3) Violation of this section shall be a class C felony. Any person convicted and sentenced under this section shall also be subject to the requirements of section 711-B.

(4) If there is any conflict between this section and section 711-1109, [or any other provision of law,] this section shall apply."

SECTION 7. 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 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:

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