Bill Text: HI SB1022 | 2025 | Regular Session | Amended
Bill Title: Relating To Animal Endangerment.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2025-02-28 - 48 Hrs. Notice 03-04-25. [SB1022 Detail]
Download: Hawaii-2025-SB1022-Amended.html
|
THE SENATE |
S.B. NO. |
1022 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO ANIMAL ENDANGERMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to allow certain public officials and private citizens to rescue pet animals in unattended vehicles if certain conditions are met.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Unattended vehicle; permitted protection
and rescue of an animal; removal or retrieval; immunity; criminal liability. (1) An animal control officer, law enforcement
officer, or firefighter who removes or otherwise retrieves a pet animal from an
unattended vehicle pursuant to this section, and the agency or county that
employs the officer or firefighter, shall be immune from criminal liability
that might otherwise result from the removal or retrieval.
(2) A person who removes or otherwise retrieves a
pet animal from an unattended vehicle pursuant to this section shall be immune
from criminal liability that might otherwise result from the removal or
retrieval.
(3) After making reasonable efforts to locate the
unattended vehicle's owner or operator, an animal control officer, law
enforcement officer, or firefighter may enter a vehicle by any reasonable means
to protect the health, safety, or well-being of a pet
animal that is endangered by being left or confined in an unattended vehicle. A law enforcement officer, animal control
officer, or firefighter may enter the unattended vehicle for the sole purpose
of removing or otherwise retrieving the pet animal and shall not search the
vehicle or seize items found in the vehicle, unless otherwise permitted by law.
(4) An animal control officer, law enforcement
officer, or firefighter who removes or otherwise retrieves a pet animal under
this section shall:
(a) Leave written notice in a secure and
conspicuous location or in the vehicle bearing the officer's or firefighter's
name and title and the address of the location at which the pet animal may be
retrieved; and
(b) Deliver the pet animal to a
veterinary hospital or animal clinic for a health screening and treatment.
(5) An animal control officer, law enforcement
officer, or firefighter who removes or otherwise retrieves a pet animal from an
unattended vehicle pursuant to subsections (3) and (4), and the agency or
county that employs the officer or firefighter, shall be immune from civil
liability that might otherwise result from the removal or retrieval.
(6) After making reasonable efforts to locate an
unattended vehicle's owner or operator, a person other than an animal control
officer, law enforcement officer, or firefighter may enter an unattended
vehicle to remove or otherwise retrieve a pet animal to protect the health, safety,
or well-being of the pet animal; provided that the person:
(a) Determines that the unattended
vehicle is locked and there are no reasonable means of egress for the pet
animal from the vehicle;
(b) Has a good faith and reasonable
belief, based upon known circumstances, that entry into the unattended vehicle
is reasonably necessary to prevent imminent danger or harm to the pet animal;
(c) Calls 911 to coordinate the removal
or retrieval of the pet animal with law enforcement, animal control, or fire,
or, if unable to reach those authorities through a 911 call, otherwise makes
reasonable attempts to contact those authorities;
(d) Shall not use more force than
reasonably necessary to enter the unattended vehicle and remove or otherwise
retrieve the pet animal; and
(e) Remains with the pet animal in a
safe location in reasonable proximity to the unattended vehicle until law
enforcement or another first responder arrives.
(7) A person who removes or otherwise retrieves
an animal from an unattended vehicle pursuant to subsection (6) shall be immune
from civil liability that might otherwise result from the removal or retrieval.
(8) The owner of the pet animal may retrieve the
pet animal that was removed or otherwise retrieved from the unattended vehicle
pursuant to this section only after payment of all charges that have accrued
for the maintenance, care, medical treatment, and impoundment of the pet
animal.
(9) For the purposes of this section:
"Cold"
means a low temperature, inside or outside a vehicle, that could endanger a pet
animal's health, safety, or well-being.
"Heat"
means a high temperature, inside or outside a vehicle, that could endanger a
pet animal's health, safety, or well-being.
"Pet
animal" shall have the same meaning as defined in section 711‑1100.
"Vehicle"
means a car, truck, camper, or other form of transportation in which a pet
animal can be transported."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2025.
Report Title:
Animal Endangerment; Pet Animals; Unattended Vehicles; Confinement; Rescue; Immunity
Description:
Allows law enforcement officers, animal control officers, and firefighters to enter an unattended vehicle to protect the health, safety, or well-being of a pet animal that is endangered by being left or confined in an unattended vehicle. Allows private citizens to rescue a pet animal that has been left in an unattended vehicle under certain circumstances. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
