STAND. COM. REP. NO.  494

 

Honolulu, Hawaii

                , 2013

 

RE:   H.B. No. 148

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 148 entitled:

 

"A BILL FOR AN ACT RELATING TO CRUELTY TO ANIMALS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to protect law enforcement animals by establishing criminal offenses that address varying levels of injury caused to these animals.  Specifically, this measure:

 

     (1)  Makes it a felony to intentionally or knowingly cause the death or substantial bodily injury of a law enforcement animal while the animal is engaged in its law enforcement or corrections duties;

 

     (2)  Makes it a misdemeanor to intentionally or knowingly cause the animal injury or pain or to recklessly cause the death or substantial bodily injury of a law enforcement animal while the animal is engaged in its law enforcement or corrections duties;

 

     (3)  Provides for an affirmative defense to a prosecution for the offense of cruelty to law enforcement animals; and

 

     (4)  Requires restitution to the agency or owner of the law enforcement animal that has been injured or killed.

 

 

     The Department of Public Safety, Honolulu Police Department, Animal Rights Hawaii, and a concerned individual supported this measure.  The Office of the Public Defender opposed this measure.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying the offense of cruelty to a law enforcement animal in the second degree by removing causing pain as an actionable violation;

 

     (2)  Clarifying the definition of "law enforcement animal";

    

     (3)  Adding definitions of "bodily injury" and "substantial bodily injury"; and

 

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 148, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 148, H.D. 1, and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

KARL RHOADS, Chair