SB2710

PART I

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter A

Prevention of Cruelty To Dogs

§A-1 Definitions. As used in this chapter:

"Dog" means any animal that is wholly or in part of the subspecies canis lupus familiaris.

"Dog breeder" means any person who owns, possesses, controls, or otherwise has charge or custody of more than ten dogs over the age of twelve months with intact sexual organs, and who sells, barters, or otherwise transfers more than three litters and more than twenty-five dogs per calendar year.

"Litter" means one or more dogs that are born to the same mother at the same time.

"Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate; provided that the term shall not include:

(1) An animal control or welfare agency tax exempt under title 26 United States Code section 501(c)(3);

(2) A person who provides care for dogs at the request of a government agency; or

(3) A veterinary clinic.

"Regular exercise" means providing the dog with constant and unfettered access to an outdoor or indoor exercise area that provides at least four times the square footage of indoor floor space required for each dog pursuant to paragraph (3) of the definition of "sufficient space for movement".

"Sufficient food and clean water" means access to adequate amounts of appropriately nutritious food to maintain good health; and continuous access to potable water that is substantially free from debris, feces, algae, and other contaminants.

"Sufficient housing or shelter" means constant and unfettered access to an indoor enclosure that:

(1) Is sufficiently ventilated at all times to minimize odors, drafts, and ammonia levels, and to prevent moisture condensation;

(2) Has a means of fire suppression, such as functioning fire extinguishers, located within forty feet of the cage or enclosure;

(3) Has sufficient lighting to allow for observation of the dogs at any time of day or night;

(4) Is not placed more than forty-two inches above the floor;

(5) Is not stacked or otherwise placed on top of or below another animal's cage or primary enclosure; and

(6) Is cleaned at least once a day of feces, hair, dirt, debris, and food waste.

"Sufficient space for movement" means the following:

(1) Sufficient indoor space for each dog to lie down and fully extend limbs and stretch freely without touching the sides of the enclosure or another dog, and to turn in a complete circle without any impediments, including a tether;

(2) At least twelve inches of headroom above the head of the tallest dog in the enclosure when it is in a normal standing position; and

(3) A square footage that includes at least:

(A) Twelve square feet of indoor floor space for each dog that is not more than twenty-five inches in length;

(B) Twenty square feet of indoor floor space for each dog that is not less than twenty-five inches and not more than thirty-five inches in length; and

provided that the length of the dog shall be measured from the tip of the nose to the base of the tail.

"Sufficient veterinary care" means, at minimum:

(1) An examination performed at least once a year by a veterinarian licensed under chapter 471;

(2) Prompt treatment of any illness or injury by a veterinarian licensed under chapter 471, when needed to prevent suffering; and

(3) Humane euthanasia, when needed, by a veterinarian licensed under chapter 471, using lawful techniques deemed acceptable by the American Veterinary Medical Association.

§A-2 Limit on number of dogs. No person shall own, possess, control, or otherwise have charge or custody of more than thirty dogs, with intact sexual organs and over the age of one year, at any time.

§A-3 Standard of care; recordkeeping. (a) A dog breeder shall provide the following for each dog:

(1) Regular exercise;

(2) Sufficient food and clean water;

(3) Sufficient housing or shelter;

(4) Sufficient space for movement;

(5) Sufficient veterinary care; and

(6) A microchip implanted under the skin;

provided that no microchip shall be implanted in any dog aged less than four months.

(b) No dog breeder shall breed any dog:

(1) Unless the dog is between the ages of twelve months and eight years of age;

(2) To produce more than two litters in any eighteen-month period; or

(3) Determined by a veterinarian to be unfit for breeding purposes.

(1) Each breeding dog shall be identified by the implantation of a microchip, and each dog's health records shall accurately record the appropriate identification;

(2) All veterinary treatment, including the following:

(A) A record of each inoculation and de-worming treatment, if any, including the dates and types of treatments administered; and

(B) A record of any veterinary treatments or medications received;

(3) The date of birth of the dog or, if the date of birth is unknown, the date the dog breeder acquired possession, control, or charge of the dog and the source of the dog;

(4) The dates on which the dog has been bred;

(5) For a female, the number of dogs in each litter produced; and

(6) The disposition the dog breeder makes of each dog possessed by, controlled by, or in the charge of the dog breeder, including the date of disposition, manner of disposition, and the name and address information for any person taking possession, control or charge of a dog.

Records shall be retained for at least three years following the death of the dog or a date on which the dog breeder permanently ceased to have possession or control of the dog.

§A-4 Prohibitions on certain types of dogs in the same enclosure. No dog breeder shall place:

(1) A dog with a vicious or aggressive disposition in an enclosure with another dog, except for breeding purposes;

(2) Breeding females in heat in the same enclosure at the same time with sexually mature males, except for breeding purposes;

(3) Breeding females and their litters in the same enclosure at the same time with other adult dogs; and

(4) Puppies aged twelve weeks or younger in the same enclosure at the same time with other adult dogs, other than the dam or foster dam, unless under immediate and constant supervision.

§A-5 Penalty. Any person who violates section A‑2, A-3, or A-4 shall be guilty of a misdemeanor. Each violation shall constitute a separate offense. If the circumstances warrant a charge of cruelty to animals in the second degree prescribed under section 711-1109, the defendant may be charged with violating that section instead.

§A-6 Severability. Any violation of section A‑2, A‑3, or A-4 shall be in addition to and not in lieu of any other state and federal laws protecting animal welfare. Sections A-2, A-3, and A-4 shall not be construed to limit any state law, rule, or regulation protecting the welfare of animals, nor shall anything in these sections prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations in addition to these sections."

SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§143- Dog breeders; license required; fees; minimum requirements; premises available for inspection; civil penalties. (a) It shall be unlawful for any person to own or operate as a dog breeder unless the person obtains a valid license as a dog breeder pursuant to this chapter.

(b) Each county council shall have the power to fix license fees for dog breeders on a biennial basis. Until and unless otherwise provided by ordinance, the biennial license fee for each dog breeder shall be $500. Any person operating as a dog breeder shall pay the license fee to the director of finance of the county in which the breeder operation is located. The license fee shall be due and payable on January 2 of every second year and shall be paid before March 11 of every second year, or within thirty days after becoming subject to this chapter. The full amount of the fee shall be paid for any fraction of the license period for which a license is issued. All moneys received by the director of finance under this chapter shall be paid into the general fund of each county.

(c) The minimum standards regarding the care, treatment, and proper recordkeeping requirements in dog breeding operations shall be the same as prescribed under section A-3.

(d) A dog breeder licensee shall make its premises available for unannounced inspection by the county or the county's contracted designee, pursuant to section 143-15, during regular business hours.

(e) Any person who operates as a dog breeder without a license shall be subject to a civil penalty of up to $1,000; provided that each day of a violation shall be considered a separate offense. Any failure to comply with the standards and recordkeeping requirements prescribed under section A‑3 shall be subject to a civil penalty of up to $1,000 for each violation."

SECTION 3. Section 143-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Dog breeder" means any person who owns, possesses, controls, or otherwise has charge or custody of more than ten dogs over the age of twelve months with intact sexual organs, and who sells, barters, or otherwise transfers more than three litters and more than twenty-five dogs per calendar year.

"Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate; provided that the term shall not include:

(1) An animal control or welfare agency tax exempt under title 26 United States Code section 501(c)(3);

(2) A person who provides care for dogs at the request of a government agency; or

(3) A veterinary clinic.

"Premises" means the location of property, whether private or public, upon which buildings, yards, kennels, pens, and cages are used by a dog breeder in the usual course of business."

SECTION 4. Section 143-15, Hawaii Revised Statutes, is amended to read as follows:

"§143-15 Contracts for seizing and impounding dogs. Any county may contract with any society or organization formed for the prevention of cruelty to animals, or similar dog protective organization, for [~~the~~]:

(1) The seizure and impounding of all unlicensed dogs, [~~and for the~~] dogs owned by a dog breeder not in compliance with this chapter and any rules adopted pursuant to this chapter, and dogs owned by a person acting in the capacity of or engaged in the business of a dog breeder within the county without a dog breeder license obtained under and in compliance with this chapter and any rules adopted pursuant to this chapter;

(2) The maintenance of a shelter or pound for [~~unlicensed~~] seized dogs, and for lost, strayed, and homeless dogs, [~~and for the~~]; and

(3) The destruction or other disposition of seized dogs not redeemed as provided in this chapter.

The county may prescribe in the contract the manner in which the work is to be done by the society or organization and it may also direct the disposition to be made of all dogs seized pursuant to this chapter."

PART II

SECTION 5. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter B

REGISTRATION OF ANIMAL ABUSERS

§B-1 Definitions. As used in this chapter, unless the context otherwise requires:

"Animal abuse" means an offense that is set forth in section 711-1108.5 or 711-1109, or the comparable animal cruelty statutes in any other state.

"Animal abuser" means a person who is or has been convicted of animal abuse.

"Animal breeder" means any entity engaged in the practice of facilitating the reproduction of animals for the purpose of distributing the resulting offspring to one or more other individuals or entities.

"Animal shelter" means a public or privately owned organization including, but not limited to, any duly incorporated humane society, pound, animal protective association or animal rescue group which maintains buildings, structures, or other property for the purpose of harboring animals which may be stray, unwanted, lost, abandoned, or abused and seeks to find appropriate temporary or permanent homes for such animals.

"Attorney general" means the attorney general of the State of Hawaii, the department of the attorney general, or an authorized representative of the attorney general.

"Conviction" means a judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor, and occurs on the date judgment is entered.

"Out-of-state conviction" means a conviction in any other state of the United States, the District of Columbia, or the five principal United States territories, including the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands.

"Permanent residence" means a building, permanent structure or unit therein, or watercraft where the animal abuser resides and intends to reside indefinitely, or at least for the next one hundred eighty days, and which the animal abuser owns, rents, or occupies with the consent of the owner.

"Pet store" means any place or premise where birds, mammals, or reptiles are kept for the purpose of sale at either wholesale or retail, import, export, barter, exchange, or gift.

"Registration information" means the information specified in section B-2(c).

"Release" means release from:

(1) Imprisonment;

(2) Imprisonment and placed on parole;

(3) Imprisonment and placed on furlough;

(4) Any form of commitment, custody, or confinement resulting from an order made pursuant to chapter 704; or

(5) A halfway house or other equivalent facility,

whichever is later.

"Temporary residence" means a building, permanent structure or unit therein, watercraft, emergency shelter, or transitional housing facility where the animal abuser resides, but does not intend to reside for more than one hundred eighty days.

§B-2 Registration requirements. All animal abusers shall register with the attorney general and comply with the provisions of this chapter for life or for a shorter period of time as provided in this chapter. Registration under this subsection is required whenever the animal abuser, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. An animal abuser shall be eligible to petition the court in a civil proceeding for an order that the animal abuser's registration requirements under this chapter be terminated, as provided in section B-8.

(b) A person who establishes or maintains a residence in this State and who has not been designated as an animal abuser by a court of this State but who has been designated as an animal abuser in another state or jurisdiction and was, as a result of the designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as an animal abuser, shall register in the manner provided in this section. A person who meets the criteria of this subsection is subject to the requirements and penalty provisions of section B-4 until the person successfully petitions the attorney general for termination of registration requirements by:

(1) Providing an order issued by the court that designated the person as an animal abuser in the state or jurisdiction in which the order was issued, which states that the designation has been removed or demonstrates to the attorney general that the designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and the person does not meet the criteria for registration as an animal abuser under the laws of this State; or

(2) Demonstrating that the out-of-state convictions upon which the animal abuser designation was established are not considered animal abuse under section B-1, thereby showing that the person does not meet the criteria for registration as an animal abuser under the laws of this State.

If the animal abuser is not satisfied with the decision of the attorney general on the request for termination of registration requirements, the animal abuser may appeal the decision pursuant to chapter 91.

(1) The name, all prior names, nicknames and pseudonyms, and all aliases used by the animal abuser;

(2) The actual address and telephone number of the animal abuser's permanent residence or the address of the animal abuser's current temporary residence;

(3) A statement listing all the offenses for which registration is required, the city or town where the offense occurred, the date of conviction or adjudication, and the sentence imposed; and

(4) A current photograph of the animal abuser.

(d) Each animal abuser required to register with the attorney general under this section shall register no later than three working days after the earliest of:

(1) Arrival in this State;

(2) Release from incarceration;

(3) Release from commitment;

(4) Release on furlough;

(5) Conviction for animal abuse, unless incarcerated;

(6) Release on probation;

(7) Placement on parole; or

(8) Arrival in a county in which the animal abuser resides or expects to be present for a period exceeding ten days.

§B-3 Requirement to register a change of registration information. An animal abuser required to register under this chapter, who changes any of the animal abuser's registration information after an initial registration with the attorney general, shall notify the attorney general of the new registration information in writing within three working days of the change. For purposes of this section, a person shall be deemed to have established a new residence during any period in which the person is absent from the person's registered residence for ten or more days. If, at any time, an animal abuser required to register under this chapter is absent from the person's registered residence for ten or more days, the animal abuser shall notify the attorney general in writing within three working days of the animal abuser's current residence information. If the animal abuser leaves the State and establishes a new residence in another state that has a registration requirement, the person shall register with the designated law enforcement agency in the state to which the person moves, within the period of time mandated by the new state's animal abuse registration laws.

§B-4 Failure to comply with animal abuser registration requirements. (a) A person commits the offense of failure to comply with animal abuser registration requirements if the person is required to register under this chapter and the person intentionally, knowingly, or recklessly:

(1) Fails to register with the attorney general by providing to the attorney general or the Hawaii criminal justice data center the person's registration information;

(2) Fails to notify the attorney general or the Hawaii criminal justice data center of a change of any of the animal abuser's registration information in writing within three working days of the change;

(3) Provides false registration information to the attorney general or the Hawaii criminal justice data center;

(4) Signs a statement verifying that all of the registration information is accurate and current when any of the registration information is not substantially accurate and current; or

(5) Having failed to establish a new residence within the ten days while absent from the person's registered residence for ten or more days, fails to notify the attorney general in writing within three working days of the animal abuser's current residence information;

(b) With respect to subsection (a)(1), (2), or (5), if a defendant intends to rely upon the defense that the person was in custody or civilly committed, the defendant shall within the time provided for the filing of pretrial motions or at a later time as the court may direct, notify the prosecutor in writing of the defendant's intention and file a copy of the notice with the court.

§B-5 Access to registration information. The attorney general shall keep confidential and shall not publish registration information; provided that registration information shall be made available for inspection by any animal shelter, pet store, animal breeder, zoo, or aquarium in the State.

§B-6 Requirement to check registration information. (a) All animal shelters, pet stores, and animal breeders in the State shall determine whether any person seeking to purchase or adopt an animal is required to comply with the registration requirements of this chapter. No animal shelter, pet store, or animal breeder shall knowingly offer, sell, deliver, give, or provide an animal to any person who is required to comply with the registration requirements of this chapter.

(b) All animal shelters, pet stores, animal breeders, zoos, and aquariums in the State shall determine whether any person seeking to become an employee or volunteer is required to comply with the registration requirements of this chapter. No animal shelter, pet store, animal breeder, zoo, or aquarium shall knowingly allow any person who is required to comply with the registration requirements of this chapter to be employed by or to volunteer with the entity.

§B-7 Penalties. (a) Any animal abuser who violates the provisions of section 711-1108.5(5) or 711-1109(5) by possessing or owning a pet animal or equine animal, or having employment or serving as a volunteer at an animal shelter, pet store, animal breeder, zoo, or aquarium shall be punished by a fine of not less than $ .

(b) Any animal shelter, pet store, animal breeder, zoo, or aquarium who violates the provisions of section B-6 shall be punished by a fine of not less than $ .

§B-8 Termination of registration requirements. An animal abuser who has substantially complied with the registration requirements of this chapter for the previous years and who is not a repeat animal abuser may petition the court, in a civil proceeding, for the termination of registration requirements."

SECTION 6. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§711- Animal hoarding. (1) A person commits the offense of animal hoarding if the person intentionally, knowingly, or recklessly:

(a) Possesses more than dogs, cats, or a combination of dogs and cats;

(b) Fails to provide necessary sustenance for each dog or cat; and

(c) Fails to correct the conditions under which the dogs or cats are living, where conditions injurious to the dogs', cats', or owner's health and well-being result from the person's failure to provide necessary sustenance.

(2) Animal hoarding is a misdemeanor. In addition to any penalty authorized for a person convicted of an offense under this section, the court shall require the defendant undergo mental health assessment and treatment."

SECTION 7. Section 711-1108.5, Hawaii Revised Statutes, is amended by amending subsections (5) and (6) to read as follows:

"(5) Cruelty to animals in the first degree is a class [C] B felony[.]; provided that if the court finds that the offense was especially heinous, atrocious, or cruel, manifesting exceptional depravity or that the person was previously convicted of the offense of cruelty to animals in the first degree in this State, cruelty to animals in the first degree is a class A 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.~~], or having employment or serving as a volunteer at an animal shelter, pet store, animal breeder, zoo, or aquarium while the person is required to comply with the registration requirements in chapter B.

[[](6)[]] For the purposes of this section[~~, "person"~~]:

"Especially heinous, atrocious, or cruel, manifesting exceptional depravity" has the same meaning as defined in section 706-657.

"Person" means any individual; any firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate; or any other legal entity.

"Previously convicted" has the same meaning as defined in section 706-657."

SECTION 8. Section 711-1109, Hawaii Revised Statutes, is amended to read as follows:

"§711-1109 Cruelty to animals in the second degree. (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 that 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;

(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, or uses a trolley, trolley with swivels, pulley, cable, running line, or trolley lacking swivels at each end that is designed to attach a dog to two stationary objects in a configuration that endangers the dog, including preventing the dog from obtaining necessary sustenance;

(h) Tethers or restrains a dog under the age of six months unless the dog is engaged in an activity supervised by its owner or an agent of its owner;

(i) Tethers or restrains a dog by a tow or log chain;

(j) Tethers or restrains by means of choke collar, pinch collar, or prong collar unless the dog is engaged in an activity supervised by its owner or an agent of its owner; or

(k) Assists another in the commission of any act specified in paragraphs (a) through (j).

(2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to:

(a) Accepted veterinary practices;

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

(c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.

(3) Whenever any 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 without creating any offense under this section.

(4) Cruelty to animals in the second degree is a [~~misdemeanor,~~] class C felony, except [~~that if the offense involves ten or more pet animals in any one instance, then cruelty to animals in the second degree is a class C felony.~~] as provided in subsection (5).

(5) If the offense involves ten or more pet animals in any one instance or the person was previously convicted of cruelty to animals in the second degree in this State, cruelty to animals in the second degree is a class B felony. In addition to any other penalties imposed, the person shall be prohibited from possessing or owning any pet animal or equine animal, or having employment or serving as a volunteer at an animal shelter, pet store, animal breeder, zoo, or aquarium while the person is required to comply with the registration requirements in chapter B.

(6) For the purposes of this section, "previously convicted" has the same meaning as defined in section 706-657."

SECTION 9. Section 711-1109.1, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) If there is probable cause to believe that a pet animal or equine animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, [or] 711‑1109.35, or 711- , as applicable, a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the pet animal or equine animal is located to provide the pet animal or equine animal with food, water, and emergency medical treatment or to impound the pet animal or equine animal. If after reasonable effort, the owner or person having custody of the pet animal or equine animal cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the pet animal or equine animal was removed."

SECTION 10. Section 711-1109.2, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read:

"(1) If any pet animal or equine animal is impounded pursuant to section 711-1109.1, prior to filing of, or final disposition of a criminal charge under section 711-1108.5, 711‑1109, 711-1109.3, [or] 711-1109.35, or 711- , as applicable, against the pet animal's or equine animal's owner, any duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals that is holding the pet animal or equine animal may file a petition in the court that would have jurisdiction over the criminal case when the criminal charge is filed, if the petition is filed prior to the filing of the criminal charge, or in the criminal action requesting that the court issue an order for forfeiture of the pet animal or equine animal to the county or to the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals prior to the filing of the criminal charge that arises from the impoundment or final disposition of the criminal charge. The petitioner shall serve a true copy of the petition upon the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, and the prosecuting attorney."

2. By amending subsection (3) to read:

"(3) At a hearing conducted pursuant to subsection (2), the petitioner shall have the burden of establishing probable cause that the pet animal or equine animal was subjected to a violation of section 711-1108.5, 711-1109, 711-1109.3, [or] 711‑1109.35, or 711- , as applicable. If the court finds that probable cause exists, the court shall order immediate forfeiture of the pet animal or equine animal to the petitioner, unless the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, within seventy-two hours of the hearing:

(a) 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 petitioner in caring for the pet animal or equine animal from the date of initial impoundment to the date of trial; or

(b) Demonstrates to the court that proper alternative care has been arranged for the pet animal or equine animal.

Notwithstanding subsection (3)(a), a court may waive, for good cause shown, the requirement that the owner or custodian of the impounded pet animal or equine animal, when a petition is filed prior to the filing of the criminal charge, or the defendant, in the criminal action, post a security deposit or bond."

3. By amending subsection (5) to read:

"(5) No pet animal or equine animal may be destroyed by a petitioner under this section prior to final disposition of a criminal charge under section 711-1108.5, 711-1109, 711-1109.3, [or] 711-1109.35, or 711- , as applicable, against the pet animal's or equine animal's owner, except in the event that the pet animal or equine animal is a danger to itself or others, or so severely injured that there is no reasonable probability that its life can be saved."

SECTION 11. Section 711-1110.5, Hawaii Revised Statutes, is amended to read as follows:

"§711-1110.5 Surrender or forfeiture of animals. Upon conviction, guilty plea, or plea of nolo contendere for any violation of section 711-1108.5, 711-1109, 711-1109.3, [or] 711‑1109.35[:], or 711- :

(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction or plea to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order; and

(2) The court also may order the defendant to surrender or forfeit any other animals under the possession, custody, or control of the defendant to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order, if there is substantial evidence that the animals are being abused or neglected.

The court shall order the defendant to reimburse the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for reasonable costs incurred to care, feed, and house any animal that is surrendered or forfeited pursuant to this section."

PART III

SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 13. In codifying the new chapters added by sections 1 and 5 of this Act, the revisor of statutes shall substitute appropriate chapter numbers for the letters used in designating the new sections in this Act.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2710
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII