SB2265

Report Title:

Animals, Custody, Cruelty Actions

Description:

Allows an animal care agency to take custody over an animal if its owner is accused on cruelty to animals. Requires defendant to pay a bond, the proceeds of which are to be used for boarding costs. Allows refund of bond and restoration of ownership if defendant is found not guilty.

THE SENATE	S.B. NO.	2265
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to cruelty to animals.

 

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

SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§711-A Forfeiture of animal to animal care agency prior to disposition of criminal charge. (1) Any law enforcement officer or agency, pursuant to a good faith belief that the animal will continue to be subjected to any offense under section 711-1109 or 711-1109.3, or is in need of medical treatment due to a violation of either of those sections, may immediately take temporary custody of the animal and transfer it to a society covered by section 711-1110. The law enforcement officer or agency may transfer care of the animal to any appropriate agency.

(2) The court may order the transfer of custody of the animal from the defendant, or temporary custody of the animal from the law enforcement officer or agency, to a society covered under section 711-1110. At the hearing, the prosecutor, or a society covered under section 711-1110, shall have the burden of establishing probable cause to believe that the animal was subjected to abuse, neglect, or abandonment in violation of section 711-1109 or 711-1109.3. If the court finds that probable cause exists, the court shall order immediate forfeiture of the animal to a society covered by section 711-1110, unless the defendant, within seventy-two hours of the hearing, posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the society in caring for the animal from the date of initial impoundment to the date of trial, including medical treatment. In that event, custody and not ownership is transferred, and the animal is not forfeited.

The society may make arrangements to transfer care to a veterinarian or other reputable care provider, including individuals.

(3) If a security deposit or bond has been posted in accordance with subsection (2), and the trial in the action is continued at a later date, any order of continuance shall require the defendant to post an additional security deposit or bond in an amount determined by the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the society in caring for the animal until the new date of trial.

(4) If a security deposit or bond has been posted, the society may draw from that security deposit or bond the actual reasonable costs incurred by the petitioner in caring for the impounded animal from the date of initial impoundment to the date of final disposition of the animal in the criminal action.

(5) If an animal is forfeited, either under this section or section 711-B, in placing the animal with a new owner, the agency to which the animal was forfeited shall give placement preference to any person or persons who had prior contact with the animal, including family members and friends of the former owner whom the agency determines are capable of providing necessary, adequate and appropriate levels of care for the animal.

§711-B Resolution of ownership of allegedly abused animal. (1) In addition to any other sentence it may impose, a court may require a defendant convicted under section 711-1109 or 711-1109.3 to forfeit any rights in the animal subjected to abuse, neglect, or abandonment, and to repay the reasonable costs incurred by any person or society prior to judgment in caring for each animal that were not already covered by the bond.

(2) If the court orders the defendant's rights in the animal to be forfeited, the court may further order that those rights be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to the county or an appropriate animal care society for further disposition in accordance with accepted practices for humane treatment of animals. This subsection shall not constitute or authorize any limitation upon the right of the person or agency to whom rights are granted to resell or otherwise make disposition of the animal. A transfer of rights under this subsection constitutes a transfer of ownership.

(3) A court may order a defendant convicted under section 711-1109 or 711-1109.3 to participate in available animal cruelty prevention programs or education programs, or both, or to obtain psychological counseling for treatment of mental health disorders that, in the court's judgment, contributed to the commission of the crime. The defendant shall bear any costs incurred for participation in counseling or treatment programs under this subsection.

(4) If the defendant is found not guilty of an offense under section 711-1109 or 711-1109.3, or the charge is dismissed, the full amount of the bonds shall be restored to the defendant by an appropriation from the general fund, and custody and ownership of the animal shall be restored to the defendant."

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. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________