Bill Text: HI HB1580 | 2024 | Regular Session | Amended

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Bill Title: Relating To Animal Cruelty.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Engrossed) 2024-04-09 - Failed to pass Third Reading. Ayes, 11; Aye(s) with reservations: Senator(s) McKelvey, Shimabukuro, Wakai . Noes, 14 (Senator(s) Aquino, Awa, Chang, DeCoite, Fevella, Hashimoto, Inouye, Kanuha, Keohokalole, Kidani, Kim, Kouchi, Richards, San Buenaventura). Excused, 0 (none). [HB1580 Detail]

Download: Hawaii-2024-HB1580-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1580
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII		S.D. 1

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 animal cruelty offenders are a threat to the health and safety of all members of our communities, especially vulnerable populations.  Recent research has shown that animal cruelty is a predictive and co‑occurring crime with violence against humans, including children, intimate partners, and the elderly.  Psychological studies show that seventy per cent of violent criminals began by abusing animals.  Children who witness animal abuse are also more likely to abuse animals as teenagers and adults.

     The legislature further finds that there has been a significant increase in animal cruelty cases in Hawaii over the past five years.  According to the Honolulu police department, there were seventy‑three animal cruelty crimes in 2023 compared to fifty‑eight in 2018.  In one incidence from April 2023, two people were killed and three people were wounded in a shooting after a cockfight in Maili.  The prevalence of animal cruelty crimes in the State and its correlation with other serious violent crimes warrants increased penalties for offenders.

     Accordingly, the purpose of this Act is to amend the criminal penalties for various animal cruelty offenses by increasing the category of offense.

     SECTION 2.  Section 711-1108.5, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

     "(5)  Cruelty to animals in the first degree [is] shall be a class [C] B 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 for a minimum of five years from the date of conviction."

     SECTION 3.  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 or causes 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, or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance;

     (h)  Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner;

     (i)  Tethers or restrains a dog by a tow or log chain;

     (j)  Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or

     (k)  Assists another in the commission of any act specified in paragraphs (a) through (j).

     (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 [that if the offense involves ten or more pet animals in any one instance, then cruelty to animals in the second degree is a class C felony.] as provided in subsection (5).

     (5)  If the offense involves the death of an animal, or if it involves ten or more pet animals in any one instance, cruelty to animals in the second degree is a class B felony.  In addition to any other penalties imposed, the person shall be prohibited from possessing or owning any animal for a minimum of five years from the date of conviction."

     SECTION 4.  Section 711-1109.3, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

     "(4)  [Violation of this section] Cruelty to animals by fighting dogs in the first degree shall be a class B felony[.] for the first offense and a class A felony for the second or subsequent offense."

     SECTION 5.  Section 711-1109.35, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  Cruelty to animals by fighting dogs in the second degree [is] shall be a class C felony[.] for the first offense and a class B felony for the second or subsequent offense."

     SECTION 6.  Section 711-1109.37, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

     "(4)  Cruelty to animals by trapping [is] shall be a misdemeanor[.] for the first offense and a class C felony for the second or subsequent offense."

     SECTION 7.  Section 711-1109.4, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  Any person who commits the offense of causing injury or death to a service animal or law enforcement animal shall be guilty of a class C felony[.] for the first offense and a class B felony for the second or subsequent offense."

     SECTION 8.  Section 711-1109.7, Hawaii Revised Statutes, is amended by amending subsections (2) and (3) to read as follows:

     "(2)  Any person who violates subsection (1) shall be guilty of a petty misdemeanor and subject to a fine not exceeding $1,000 in addition to any other penalties[.] for the first offense and guilty of a misdemeanor and subject to a fine not exceeding $2,000 in addition to any other penalties for the second or subsequent offense.

     (3)  Any person who violates subsection (1) and recklessly causes the death of or substantial bodily injury to the pet animal or equine animal shall be guilty of a misdemeanor and subject to a fine not exceeding $2,000 in addition to any other penalties[.] for the first offense and guilty of a class C felony and subject to a fine not exceeding $10,000 in addition to any other penalties for the second or subsequent offense."

     SECTION 9.  Section 711-1109.8, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

     "(3)  Unless otherwise provided by any other law:

     (a)  Sexual assault of an animal [is] shall be a misdemeanor for the first offense and a class [C] B felony for the second or subsequent offense; or

     (b)  If the offense subjected a minor to sexual contact with an animal or was committed in the presence of a minor as defined in section 706‑606.4, sexual assault of an animal [is] shall be a class B felony[.] for the first offense and a class A felony for the second or subsequent offense."

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect upon its approval.

 

 

Report Title:

Animal Cruelty; Penalties

 

Description:

Amends the criminal penalties for various animal cruelty offenses by increasing the category of offense.  (SD1)

 

 

 

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