HB2698

Report Title:

Cruelty to animals

Description:

Attaching a mandatory minimum sentence of 3 months to cruelty to animals offense.

HOUSE OF REPRESENTATIVES	H.B. NO.	2698
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to imposing mandatory minimum sentence to cruelty to animals offense.

 

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. (1) A person commits the offense of cruelty to animals if the person intentionally, knowingly, or recklessly:

(a) Overdrives, overloads, tortures, torments, cruelly beats or starves any animal, or causes or procures the overdriving, overloading, torture, torment, cruel beating or starving of any animal, or deprives a pet animal of necessary sustenance or causes such deprivation;

(b) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;

(c) 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, dog, cock, or other animal, and every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;

(d) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; or

(e) Assists another in the commission of any act of cruelty to any animal.

(2) Subsection (1)(a), (b), (d), (e) and the following subsection (3) are not applicable to accepted veterinary practices and to activities carried on for scientific research governed by standards of accepted educational or medicinal practices.

(3) Whenever any domestic 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.

(4) Cruelty to animals is a misdemeanor.

(5) The court shall, at a minimum, sentence the person convicted of this offense to imprisonment for no less than thirty days."

SECTION 2. New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________