Bill Text: HI HB1980 | 2024 | Regular Session | Introduced
Bill Title: Relating To Animal Cruelty.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Engrossed - Dead) 2024-04-09 - Failed to pass Third Reading. Ayes, 9; Aye(s) with reservations: none . Noes, 16 (Senator(s) Aquino, Awa, Chang, DeCoite, Fevella, Hashimoto, Inouye, Kanuha, Keohokalole, Kidani, Kim, Kouchi, McKelvey, Richards, San Buenaventura, Shimabukuro). Excused, 0 (none). [HB1980 Detail]
Download: Hawaii-2024-HB1980-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1980 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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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 illegal animal fighting is directly associated with
other criminal activities such as illegal gambling, illegal firearms
possession, illegal drug distribution, endangerment of minors, and human
violence, as evidenced by a double homicide that occurred at an illegal bird
fighting operation in Maili, Oahu, in April of 2023, and this was but one of a
number of cases of human violence occurring at an illegal animal fight over the
years. Further, Hawaiʻi is one of only eight
states that lacks a felony penalty for animal fights between birds and has no
existing penalty for attending a fight or allowing a minor to attend a fight. Psychologists and criminologists have long
determined that children exposed to human or animal violence, or who engage in
animal cruelty, are more likely to escalate to violence against humans,
threatening the overall community and public safety. In addition, birds used for fighting purposes
are mutilated in preparation for a fight by having various body parts cut off
and their natural spurs either removed or sharpened, in preparation for a
fight, in which even the winner of the fight often dies. Birds subject to such mutilations suffer
unnecessary pain and are more prone to illness and disease, including zoonotic
diseases that can be spread to humans and to other avian species including
native birds and birds at agricultural facilities.
The purpose of this Act is to strengthen existing laws relating
to the fighting of birds to more closely mirror those of existing state
dogfighting laws, and to deter such illegal activity and its associated crimes,
for the protection of human and animal health, welfare, and public safety.
SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§711- Cruelty to
animals by fighting birds in the first degree. (1) A person commits the offense of cruelty to
animals by fighting birds in the first degree if the person:
(a) Knowingly:
(i) Causes, sponsors, arranges, or holds a fight between birds for
entertainment or financial gain;
(ii) Owns, trains, transports, possesses, buys, sells, transfers, or
equips any bird with the intent that the bird be engaged in a fight between other
birds; or
(iii) Allows any minor to be present at or attend a fight between
birds.
(b) Recklessly:
(i) Allows a fight between birds to occur on any property owned or
controlled by the person; or
(ii) Allows any bird intended to be used for a fight between birds to
be kept, trained on, or transported in any property owned or controlled by the
person.
(2)
For the purposes of this section, "fight between birds" means
a bird or birds pitted against another bird or birds, with the intent that the
encounter will result in injury to one or more of the birds.
(3) Violation of this section shall be a class C
felony and, 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 birds for a period of at least five years.
(4) Each violation of this section, including
each bird involved in a violation of this section, shall constitute a separate
offense.
(5) Any property, including any bird or birds involved in a violation of
this section, used, or intended for use in the commission of, attempt to
commit, or conspiracy to commit an offense under this section, or that
facilitated or assisted the activity, may be subject to forfeiture under chapter
712A,
and subject to all costs associated with the care and housing of any live
birds.
(6) Whenever any bird involved in a violation of
this section is so severely injured that there is no reasonable probability
that its life or usefulness can be saved, the bird may be immediately destroyed
without creating any offense under this chapter.
§711- Cruelty to animals by fighting birds in
the second degree. (1) A person commits the offense of cruelty to
animals by fighting birds in the second degree if the person knowingly:
(a) Gambles on a fight between birds;
(b) Attends or pays to attend a fight between
birds; or
(c) Possesses any device intended to enhance a
bird's fighting ability.
(2) For the purposes of this section:
"Device"
means any object, including but not limited to a slasher, gaff, knife, or muff,
that is designed to be attached in place of or to the natural spur of a bird.
"Fight between
birds" means a bird or birds pitted against another bird or birds with the
intent that the encounter will result in injury to one or more of the birds.
"Gambles"
shall have the same meaning as gambling in section 712-1220.
(3) Any person who violates this section shall be
subject to a fine of not less than $1,000 or imprisoned not more than thirty
days, or both.
(4) If the person has one prior conviction for
the same offense in the preceding five-year period, the person shall be subject
to a fine of not less than $2,000 or imprisoned not more than one year, or both.
(5) If the person has two or more prior
convictions for the same offense in the preceding five-year period, the person
shall be subject to a class C felony.
(6) Each violation of this section, including each
bird and each device used in violation of this section, shall constitute a
separate offense."
SECTION 3.
Section 711-1109, Hawaii Revised Statutes, is amended to amend subsection (1)
to read as follows:
"(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 places 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)."
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 upon its approval.
INTRODUCED BY: |
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Report Title:
Animal Cruelty; Penalties; Felony; Illegal Animal Fighting; Birds
Description:
Creates penalties relating to the fighting of birds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.