HOUSE OF REPRESENTATIVES

H.B. NO.

2072

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO section 711-1109, Hawaii Revised Statutes.

 

 

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

 


     SECTION 1.  Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1109  Cruelty to animals in the second degree.  (1)  A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:

     (a)  Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;

     (b)  Deprives a pet animal of necessary sustenance as defined in section 711-1100, including the requirements relating to adequate shelter, or causes [such] that deprivation;

     (c)  Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations;

     (d)  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, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

     (e)  Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;

     (f)  Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;

     (g)  Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object [by], or uses a trolley, pulley, cable, or running line designed to attach a dog to two stationary objects:

          (i)  If the dog is under the age of six months unless the dog is engaged in a supervised activity;

         (ii)  In a configuration that:

              (A)  Entangles or endangers the dog; or

              (B)  Prevents the dog from obtaining necessary sustenance, as defined in this chapter;

        (iii)  If the tether is shorter than five times the length of the dog's body, as measured from the tip of its nose to the base of its tail, unless the dog is engaged in a supervised activity;

         (iv)  If the restraint is a tow or log chain or is disproportionate to the size or weight of the dog such that the restraint inhibits the free movement of the dog within the area allowed by the tether; or

          (v)  By means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using [such restraints] a choke collar, pinch collar, or prong collar when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; or

     (h)  Assists another in the commission of any act specified in subsections (1)(a) through (1)(g)[.]; provided that a person who is convicted of assisting another in the commission of an act specified in subsection (1)(g) shall be sentenced pursuant to subsection (4)(b).  As used in this section, "assist" means to instigate, engage in, or further the commission of an act prohibited under this section.

     (2)  Subsection (1)(a), (b), (c), (e), (f), (g), and (h) 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)  Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.

     (3)  Whenever any 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 without creating any offense under this section.

     (4)  Cruelty to animals in the second degree is a misdemeanor, except [where] that if the offense [involves]:

     (a)  Involves ten or more pet animals in any one instance [which], then cruelty to animals in the second degree is a class C felony[.]; or

     (b)  Involves nine or fewer pet animals in any one instance and involves an act prohibited under subsection (1)(g), then the defendant shall be guilty of a petty misdemeanor and shall be sentenced as follows:

          (i)  For a first offense under subsection (1)(g):

              (A)  Payment of a fine of not more than $500 for each abused animal;

              (B)  If deemed appropriate by the court, completion of educational classes in animal abuse prevention; provided that the court shall not order classes under this paragraph if classes are not readily available from an animal welfare organization or a similar appropriate organization designated by the county in which the underlying offense occurred; and

              (C)  If deemed appropriate by the court, completion of a course of psychological counseling; or

         (ii)  For a second or subsequent offense under subsection (1)(g):

              (A)  Payment of a fine of not more than $500 for each abused animal;

              (B)  Completion of sixteen hours of community service; and

              (C)  Imprisonment of no less than two days and no more than thirty days;

          provided that, notwithstanding section 706-643(2), all fines collected under this paragraph shall be paid to the director of finance of the county in which the underlying offense occurred, as a general fund realization of that county."

     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, 2018.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Cruelty to Animals; Restraints; Penalties

 

Description:

Prohibits certain restraints and tethers that endanger or deny sustenance to a dog.  Specifies penalties.

 

 

 

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