HOUSE OF REPRESENTATIVES

H.B. NO.

390

TWENTY-NINTH LEGISLATURE, 2017

H.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.  The legislature finds that Hawaii has the highest percentage of endemic species of any state in the country, which also happens to be one of the highest rates found anywhere in the world.  The federal Endangered Species Act of 1973 and chapter 195D, Hawaii Revised Statutes, ensure the perpetuation of aquatic life, wildlife, and land plants and their habitats by listing as endangered or threatened certain species of aquatic life, wildlife, and land plants, some of which are indigenous to Hawaii, for protection and conservation.

     However, there are indigenous species that are not deemed endangered or threatened under the Endangered Species Act of 1973 and chapter 195D, Hawaii Revised Statutes.  As a result, some Hawaii indigenous species are not afforded the same federal and state protections as those listed species.  For example, the Laysan albatross is listed under state administrative rules as a bird indigenous to Hawaii but is not deemed an endangered or threatened species under the Endangered Species Act of 1973 and chapter 195D, Hawaii Revised Statutes.  In light of the deaths of several albatross at Kaena point on Oahu in December 2015, the legislature recognizes the need for heightened legal protections for Hawaii's indigenous birds specifically.

     The purpose of this Act is to provide further protections for indigenous birds not listed as endangered or threatened under the Endangered Species Act of 1973 and chapter 195D, Hawaii Revised Statutes, by amending the offense of cruelty to animals in the first degree to include indigenous birds.

     SECTION 2.  Section 711-1100, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Indigenous bird" means any species of birds occurring or living naturally in Hawaii without having been brought to Hawaii by humans and not determined to be an endangered or threatened species under chapter 195D."

     SECTION 3.  Section 711-1108.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (1) to read:

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

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

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

     2.  By amending subsections (4) and (5) to read:

     "(4)  Whenever any pet animal [or], equine animal, or indigenous bird is so severely injured that there is no reasonable probability that its life can be saved, the animal may be immediately destroyed without creating any offense under this section.

     (5)  Cruelty to animals in the first degree is a class C felony.  In addition to any fines and imprisonment imposed under this section, any person convicted under this section shall be prohibited from possessing or owning any pet animal [or], equine animal, or indigenous bird for a minimum of five years from the date of conviction."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 31, 2150.


 


 

Report Title:

Animal Cruelty; Indigenous Birds

 

Description:

Amends the offense of cruelty to animals in the first degree to include indigenous birds.  (HB390 HD1)

 

 

 

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