THE SENATE	S.B. NO.	779
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to animals.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 711-1109, Hawaii Revised Statutes, is amended by amending 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 such 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;] for the purposes of this section, the term "pests" means those animals included within the definition of that term in sections 149A-2 and 150A-2;

    (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 means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints 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)."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Animals; Cruelty; Pests

 

Description:

Removes the requirement that handling or extermination of insects, vermin, or other pests be conducted in accordance with standard pest control practices and applicable laws to avoid criminal liability for cruelty to animals.  Clarifies the definition of pests.

 

 

 

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