STAND. COM. REP. NO. 638

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 635

       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. 635 entitled:

 

"A BILL FOR AN ACT RELATING TO ANIMAL CRUELTY,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to protect law enforcement animals in the line of duty by:

 

     (1)  Establishing the offense of cruelty to a law enforcement animal in the first and second degrees; and

 

     (2)  Adding a definition of "law enforcement animal".

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; Police Department, County of Maui; Police Department, City and County of Honolulu; Humane Society of the United States-Hawaii; and two individuals.  Testimony in opposition to this measure was submitted by the Office of the Public Defender.

 

     Your Committee finds that law enforcement animals are an integral part of Hawaii's law enforcement and corrections agencies and are hand-selected and highly trained for their jobs.  These animals diligently work side-by-side with law enforcement officers, deputies, and other personnel and should be afforded special protections.  This measure protects law enforcement animals in the line of duty.

 

     Your Committee notes the comments made by the Office of the Public Defender that this measure is not necessary due to existing laws that protect service animals.  Specifically, the Office cited section 711-1109.4, Hawaii Revised Statutes, relating to causing injury or death to a service dog and section 711-1109.5, Hawaii Revised Statutes, relating to the intentional interference with the use of a service dog.  However, your Committee further notes that service dogs are defined under section 347-2.5, Hawaii Revised Statutes, as dogs that are trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, intellectual, or other mental disability.  Thus, service dogs and law enforcement animals, which include dogs, horses, or other animals used by law enforcement or corrections agencies, are not the same.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Adopting the amendments suggested by the Office of the Public Defender by replacing sections 2 and 3 with language that:

 

          (A)  Amends section 711-1109.4, Hawaii Revised Statutes, to include recklessly causing injury to or death of any law enforcement animal under the offense of causing injury or death to a service dog; rename the offense; provide certain exceptions to this offense; establish penalties; provide restitution; establish an affirmative defense; and define law enforcement animal; and

 

          (B)  Amends section 711-1109.5, Hawaii Revised Statutes, to include intentionally or knowingly harming, striking, or kicking a law enforcement animal under the offense of intentional interference with the use of a service dog; rename the offense; provide certain exceptions to this offense; establish penalties; provide restitution to be paid to the law enforcement agency; establish an affirmative defense; and define law enforcement animal; and

 

     (2)  Making technical, nonsubstantive amendments for the purpose of clarity and consistency.

 

     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. 635, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 635, 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