Bill Text: HI HB1980 | 2024 | Regular Session | Amended

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Bill Title: Relating To Animal Cruelty.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Engrossed) 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-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1980
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII		S.D. 1

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.  This incident was but one of a number of cases of human violence occurring at an illegal animal fight over the years.  Further, Hawaii 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 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-A  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 birds; or

        (iii)  Allows any minor to be present at or attend a fight between birds; or

     (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 that results in injury to one or more of the birds or creates a substantial risk of causing injury to one or more of the birds.

     (3)  Except as provided in subsection (4), 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)  If the offense involves five or more birds, cruelty to animals by fighting birds in the first degree is a class B 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.

     (5)  Multiple violations of this section which occur on the same day shall constitute a single offense.

     (6)  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.  For the purposes of this subsection, "property" shall have the same meaning as defined in section 712A-1.

     (7)  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.

     (8)  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 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" shall have the same meaning as defined in section 711-A.

     "Gambles" shall have the same meaning as "gambling" as defined in section 712-1220.

     (3)  Any person who violates this section shall be guilty of a petty misdemeanor; provided that:

     (a)  If the person has one prior conviction for the same offense in the preceding five-year period, the person shall be guilty of a misdemeanor; and

     (b)  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.

     (4)  Multiple violations of this section which occur on the same day shall constitute a single 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 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, 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.  In codifying the new sections added by section 2 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 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on April 14, 2112.

 

 

Report Title:

Animal Cruelty; Penalties; Felony; Illegal Animal Fighting; Birds

 

Description:

Establishes the separate offense and applicable penalties relating to the fighting of birds in the first and second degrees.  Takes effect 4/14/2112.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.