HB 1735: Animal Cruelty; Predator Control; Trapping; Exemption

A BILL FOR AN ACT

RELATING TO CRUELTY TO ANIMALS.

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

     SECTION 1.  Section 711-1108.5, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1108.5  Cruelty to animals in the first degree.  (1)  A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly:

     (a)  Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal; or

     (b)  Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner.

     (2)  Subsection (1)(a) shall not apply to:

     (a)  Accepted veterinary practices when the practices are performed by a veterinarian licensed under chapter 471; and

     (b)  Activities carried on for scientific research governed by standards of accepted educational or medicinal practices.

     (3)  Subsection (1)(b) shall not apply to:

     (a)  Humane euthanasia of any animal by an animal control officer, duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals, or duly authorized governmental agency in accordance with American Veterinary Medical Association accepted standards; or

     (b)  Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor, another person, or an animal; provided that the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by this section and is justifiable as provided in section 703-302 for choice of evils; provided further that, for purposes of this paragraph, as the justification described in section 703‑302 shall also apply to conduct which the actor believes to be necessary to avoid an imminent harm or evil to an animal.

     (4)  Subsection (1) shall not apply to predator control or trapping conducted for the purpose of protecting property or native biodiversity.

     [(4)] (5)  Whenever any pet animal or equine animal is so severely injured that there is no reasonable probability that its life can be saved, the animal may be immediately destroyed without creating any offense under this section.

     [(5)] (6)  Cruelty to animals in the first degree is a class C felony.  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 pet animal or equine animal for a minimum of five years from the date of conviction.

     [(6)] (7)  For the purposes of this section, "person" means any individual; any firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate; or any other legal entity."

     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 upon its approval.

Report Title:

Animal Cruelty; Predator Control; Trapping; Exemption

Description:

Exempts predator control and trapping for the purpose of protecting property or native biodiversity from the offense of cruelty to animals in the first degree.

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