Bill Text: HI HB2072 | 2018 | Regular Session | Amended
Bill Title: Relating To Section 711-1109, Hawaii Revised Statutes.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2018-04-27 - Conference Committee Meeting will reconvene on Friday, 04-27-18 at 5:30 PM in Conference Room 224. [HB2072 Detail]
Download: Hawaii-2018-HB2072-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2072 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SECTION 711-1109, HAWAII REVISED STATUTES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 necessary sustenance as
defined in section 711-1100, including the requirements relating to adequate
shelter, 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], or
uses a trolley, pulley, cable, or running line designed to attach a dog to two
stationary objects:
(i) If
the dog is under the age of six months unless the dog is engaged in a
supervised activity;
(ii) In
a configuration that:
(A) Entangles
or endangers the dog; or
(B) Prevents
the dog from obtaining necessary sustenance, as defined in this chapter;
(iii) If
the tether is shorter than five times the length of the dog's body, as measured
from the tip of its nose to the base of its tail, unless the dog is engaged in
a supervised activity;
(iv) If the restraint is a tow or log chain or is disproportionate to the size or weight of the dog such that the restraint inhibits the free movement of the dog within the area allowed by the tether; or
(v) By
means of a choke collar, pinch collar, or prong collar; 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)[.];
provided that a person who is convicted of assisting another in the commission
of an act specified in subsection (1)(g) shall be sentenced pursuant to subsection
(4)(b). As used in this section,
"assist" means to instigate, engage in, or further the commission of
an act prohibited under this section.
(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)
Cruelty to animals in the second degree is a misdemeanor, except [where]
that if the offense [involves]:
(a) Involves
ten or more pet animals in any one instance [which], then cruelty to
animals in the second degree is a class C felony[.]; or
(b) Involves nine
or fewer pet animals in any one instance and involves an act prohibited under
subsection (1)(g), then the defendant shall be guilty of a petty misdemeanor
and shall be sentenced as follows:
(i) For
a first offense under subsection (1)(g):
(A) Payment of a fine of not more than $500 for each abused animal;
(B) If deemed appropriate by the
court, completion of educational classes in animal abuse prevention; provided
that the court shall not order classes under this paragraph if classes are not
readily available from an animal welfare organization or a similar appropriate
organization designated by the county in which the underlying offense occurred;
and
(C) If deemed appropriate by the
court, completion of a course of psychological counseling; or
(ii) For
a second or subsequent offense under subsection (1)(g):
(A) Payment
of a fine of not more than $500 for each abused animal;
(B) Completion
of sixteen hours of community service; and
(C) Imprisonment
of no less than two days and no more than thirty days;
provided that, notwithstanding section 706-643(2), all fines collected under this paragraph shall be paid to the director of finance of the county in which the underlying offense occurred, as a general fund realization of that county."
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 on July 1, 2150.
Report Title:
Cruelty to Animals; Restraints; Penalties
Description:
Prohibits certain restraints and tethers that endanger or deny sustenance to a dog. Specifies penalties. (HB2072 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
