Bill Text: HI SB872 | 2013 | Regular Session | Amended

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Bill Title: Penal Code; Victim Restitution; Humane Society; Society for the Prevention of Cruelty to Animals

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-03-07 - Referred to CPC, JUD, referral sheet 30 [SB872 Detail]

Download: Hawaii-2013-SB872-Amended.html

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STAND. COM. REP. NO. 498

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 872

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 872 entitled:

 

"A BILL FOR AN ACT RELATING TO THE COLLECTION OF RESTITUTION FOR CRIME VICTIMS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to amend the definition of "victim" in section 706-646, Hawaii Revised Statutes, to include any duly incorporated humane society or society for the prevention of cruelty to animals that impounds, holds, or receives custody of a pet animal pursuant to sections 711-1109.1, 711-1109.2, and 711-1110.5, Hawaii Revised Statutes, for the purposes of the collection of restitution.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; Office of the Prosecuting Attorney, County of Kaua‘i; Humane Society of the United States-Hawaii; and one private individual.  Testimony in opposition to this measure was submitted by the Office of the Public Defender.

 

     Your Committee finds that in a recent decision, the Circuit Court of the First Circuit denied restitution to the Hawaiian Humane Society for their expenses incurred in caring for one hundred fifty-three dogs previously subjected to animal cruelty in the second degree.  The court held that the Hawaiian Humane Society was not a government agency or a "direct victim" of the crime committed.  Although the Hawaiian Humane Society assumed care of these animals and became the legal owner of all one hundred fifty-three dogs upon forfeiture proceedings, the court held that it was not the "actual owner" and was not entitled to restitution under section 706-646, Hawaii Revised Statutes.  This measure provides clear language to allow any duly incorporated humane society contracted with the counties to receive restitution for expenses incurred when caring for an animal as a result of animal forfeiture or impoundment.

 

     Your Committee notes the concerns raised by the Office of the Public Defender that adding a duly incorporated humane society contracted with the counties as a victim of a crime entitled to restitution is inappropriate.  While the Office applauded agencies that care for distressed animals, caring for animals does not make that agency a victim of a crime in the legal sense.  Instead, these agencies have an opportunity to seek monetary damages in civil court.

 

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 872, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 872, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

		____________________________ CLAYTON HEE, Chair