Hawaii-2016-SB2460-Introduced

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 adequate shelter or necessary sustenance 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]:

(i) By means of a choke collar, pinch collar, or prong collar;

(ii) In a configuration that:

(A) Entangles and endangers a dog;

(B) Unreasonably limits a dog's movement in an unsafe or unsanitary condition; or

(iii) By use of a restraint that:

(A) Is shorter than five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail, or ten feet, whichever is greater; or

(B) Uses a lead that exceeds one-eighths of the dog's body weight or is a tow or log chain;

(iv) Unattended by use of a restraint that unreasonably limits the dog's movement between the hours of 10:00 p.m. and 6:00 a.m.;

(v) For more than:

(A) Ten hours in a twenty-four hour period; or

(B) Fifteen hours in a twenty-four hour period if the restraint is attached to a running line, pulley, or trolley system; or

(vi) During extreme weather conditions, including conditions in which:

(A) The actual or effective outdoor temperature is below thirty-two degrees Fahrenheit;

(B) A heat advisory has been issued by a local or state authority or jurisdiction; or

(C) A hurricane, tropical storm, or tsunami warning has been issued for the jurisdiction by the National Weather Service;

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).

(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) As used in this section, "adequate shelter" shall not include crawl spaces, steps, decks, stoops, the underside of vehicles, carriers or crates used for transport, or shelters with chain link floors.

[~~(4)~~] (5) Cruelty to animals in the second degree is a misdemeanor[,] punishable by:

(a) For a first violation, a fine of not less than $100; and

(b) For a subsequent violation, a fine of not less than $300 or imprisonment not exceeding six months, or both;

except where the offense involves ten or more pet animals in any one instance which is a class C felony."

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 upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2460
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII