Bill Text: HI HB2679 | 2012 | Regular Session | Introduced
Bill Title: Cruelty to Animals; Equine Animals
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2012-03-08 - (S) Referred to JDL. [HB2679 Detail]
Download: Hawaii-2012-HB2679-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2679 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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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. Section 711-1109.2, Hawaii Revised Statutes, is amended to read as follows:
"§711-1109.2 Forfeiture of animal prior to disposition of criminal charges. (1) If any pet animal or equine is impounded pursuant to section 711-1109.1, prior to final disposition of the criminal charge under section 711-1108.5, 711-1109, 711-1109.3, 711-1109.6, or 711-1109.35, against the pet animal's or equine's owner, any duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals that is holding the pet animal or equine may file a petition in the criminal action requesting that the court issue an order for forfeiture of the pet animal or equine to the county or to the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals prior to final disposition of the criminal charge. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney.
(2) Upon receipt of a petition pursuant to subsection (1), the court shall set a hearing on the petition. The hearing shall be conducted within fourteen days after the filing of the petition, or as soon as practicable.
(3) At a hearing conducted pursuant to subsection (2), the petitioner shall have the burden of establishing probable cause that the pet animal or equine was subjected to a violation of section 711-1108.5, 711-1109, 711-1109.3, 711-1109.6, or 711-1109.35. If the court finds that probable cause exists, the court shall order immediate forfeiture of the pet animal or equine to the petitioner, unless the defendant, within seventy-two hours of the hearing:
(a) Posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the petitioner in caring for the pet animal or equine from the date of initial impoundment to the date of trial; or
(b) Demonstrates to the court that proper alternative
care has been arranged for the pet animal[.] or equine.
Notwithstanding subsection (3)(a), a court may waive, for good cause shown, the requirement that the defendant post a security deposit or bond.
(4) If a security deposit or bond has been posted in accordance with subsection (3)(a), the petitioner may draw from the security deposit or bond the actual reasonable costs incurred by the petitioner in caring for the pet animal or equine until the date of final disposition of the criminal action. If the trial is continued to a later date, any order of continuance shall require the defendant to post an additional security deposit or bond in an amount determined by the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in caring for the pet animal or equine until the date of final disposition of the criminal action, and the petitioner may draw from the additional security deposit or bond as necessary.
(5) No pet animal or equine may be destroyed by a petitioner under this section prior to final disposition of the criminal charge under section 711-1108.5, 711-1109, 711-1109.3, 711-1109.6, or 711-1109.35, against the pet animal's or equine's owner, except in the event that the pet animal or equine is so severely injured that there is no reasonable probability that its life can be saved.
(6) Forfeiture of a pet animal or equine under this section shall not be subject to the provisions of chapter 712A.
(7) In addition to any reasonable costs incurred under subsection (4) by the petitioner in the caring for the pet animal or equine, the petitioner shall be entitled to an award of attorney's fees and court costs incurred by the petitioner in the filing of the petition for the forfeiture of the pet animal or equine.
(8) As used in this section, "pet animal or equine" includes any offspring born during the impoundment of the pet animal or equine."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval; provided that the amendments made to section 711-1109.2, Hawaii Revised Statutes, by section 1 of this Act shall not be repealed when section 711-1109.2(1), (3), and (5), Hawaii Revised
Statutes, is reenacted on July 1, 2015, pursuant to Act 149, Session Laws of Hawaii 2011.
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INTRODUCED BY: |
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Report Title:
Cruelty to Animals; Equines
Description:
Extends procedures for impoundment and forfeiture for cruelty to animal offense to equines to the same extent as pet animals.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
