Hawaii-2015-SB590-Introduced

SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§711-A Cruelty to animals by fighting cocks in the first degree. (1) A person commits the offense of cruelty to animals by fighting cocks in the first degree if the person:

(a) Knowingly:

(i) Causes, sponsors, arranges, or holds a cockfight for entertainment or financial gain; or

(ii) Owns, trains, transports, possesses, sells, transfers, or equips any cock with the intent that the cock shall be engaged in a cockfight; or

(b) Recklessly:

(i) Allows a cockfight to occur on any property owned or controlled by the person; or

(ii) Allows any cock intended to be used for a cockfight to be kept trained on, or transported in, any property owned or controlled by the person.

(2) As used in this section, "cockfight" means a cock or cocks pitted against another cock or cocks with the intent that the encounter will result in injury to one or more of the cocks.

(3) Violation of this section shall be a class B felony.

(4) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply.

§711-B Cruelty to animals by fighting cocks in the second degree. (1) A person commits the offense of cruelty to animals by fighting cocks in the second degree if the person knowingly:

(a) Wagers on a cockfight;

(b) Attends or pays to attend a cockfight; or

(c) Possesses any device intended to enhance the cock's fighting ability with the intent that the device be used to train or prepare the cock for a cockfight.

(2) As used in this section:

"Cockfight" means a cock or cocks pitted against another cock or cocks with the intent that the encounter will result in injury to one or more of the cocks.

"Device" means any tool, machine, paraphernalia, or equipment, animate or inanimate, including live animals used as bait animals.

"Wager" means staking or risking something of value on the outcome of a cockfight.

(3) Cruelty to animals by fighting cocks in the second degree is a class C felony.

(4) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply."

SECTION 2. Section 711-1109, Hawaii Revised Statutes, is amended by amending 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 such 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[,] not including a dog or cock, 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 means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints 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)."

SECTION 3. Section 711-1109.1, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read:

"(1) If there is probable cause to believe that a pet animal, cock, or equine animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, 711‑1109.6, [or] 711-1109.35, 711-A, or 711-B, as applicable, a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the pet animal, cock, or equine animal is located to provide the pet animal, cock, or equine animal with food, water, and emergency medical treatment or to impound the pet animal, cock, or equine animal. If after reasonable effort, the owner or person having custody of the pet animal, cock, or equine animal cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the pet animal, cock, or equine animal was removed."

2. By amending subsection (3) to read:

"(3) A court may order a pet animal, cock, or equine animal impounded under subsection (1) to be held at a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals. A facility receiving the pet animal, cock, or equine animal shall provide adequate food and water and may provide veterinary care."

SECTION 4. 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 animal or cock is impounded pursuant to section 711-1109.1, prior to final disposition of a criminal charge under section 711-1108.5, 711‑1109, 711-1109.3, 711-1109.6, [or] 711-1109.35, 711‑A, or 711‑B, as applicable, against the pet animal's or equine animal's or cock'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 animal or cock may file a petition in the criminal action requesting that the court issue an order for forfeiture of the pet animal or equine animal or cock 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 animal or cock was subjected to a violation of section 711-1108.5, 711-1109, 711-1109.3, 711‑1109.6, [or] 711-1109.35, 711‑A, or 711‑B, as applicable. If the court finds that probable cause exists, the court shall order immediate forfeiture of the pet animal or equine animal or cock 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 animal or cock 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 animal[.] or cock.

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 animal or cock 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 animal or cock 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 animal or cock may be destroyed by a petitioner under this section prior to final disposition of a criminal charge under section 711-1108.5, 711‑1109, 711-1109.3, 711-1109.6, [or] 711-1109.35, 711‑A, or 711‑B, as applicable, against the pet animal's or equine animal's or cock's owner, except in the event that the pet animal or equine animal or cock is so severely injured that there is no reasonable probability that its life can be saved.

(6) Forfeiture of a pet animal or equine animal or cock 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 animal[,] or cock, the court may award reasonable attorney's fees and court costs to the petitioner following the conviction of the defendant.

(8) As used in this section, "pet animal or equine animal" includes any offspring from the pet animal or equine animal that was pregnant at the time of the rescue and born during the impoundment of the pet animal or equine animal."

SECTION 5. Section 711-1110.5, Hawaii Revised Statutes, is amended to read as follows:

"§711-1110.5 Surrender or forfeiture of animals. Upon conviction, guilty plea, or plea of nolo contendere for any violation of section 711-1108.5, 711-1109, 711-1109.3, 711‑1109.6, [or] 711-1109.35[:], 711-A, or 711-B:

(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction or plea to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order; and

(2) The court also may order the defendant to surrender or forfeit any other animals under the possession, custody, or control of the defendant to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order, if there is substantial evidence that the animals are being abused or neglected.

The court shall order the defendant to reimburse the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for reasonable costs incurred to care, feed, and house any animal that is surrendered or forfeited pursuant to this section."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 8. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on June 30, 2015; provided that the amendments made to section 711-1109.1, Hawaii Revised Statutes, in section 3 of this Act, to section 711‑1109.2, Hawaii Revised Statutes, in section 4 of this Act, and to section 711-1110.5, Hawaii Revised Statutes, in section 5 of this Act, shall not be repealed when sections 711-1109.1(1), 711-1109.2 (1), (3), and (5), and 711-1110.5, Hawaii Revised Statutes, are reenacted on July 1, 2015, by Act 128, Session Laws of Hawaii 2008, as amended by Act 160, Session Laws of Hawaii 2009, as amended by Act 149, Session Laws of Hawaii 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	590
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII