Bill Text: HI HB644 | 2012 | Regular Session | Introduced

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Bill Title: Animal abuse registry

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB644 Detail]

Download: Hawaii-2012-HB644-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	644
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to animal abuse.

 

 

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

 

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

“Chapter

ANIMAL ABUSE REGISTRY

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

     "Animal abuse crime" means any offense under section 711-1108.5, 711-1109, 711-1109.3, 711-1109.4, 711-1109.5, or 711-1109.6.

     "Animal abuse registry" means a registry containing the names, residence information, and photographs of covered offenders, as well as any animal abuse crime for which a covered offender was convicted on or after January 1, 2012, and the date of conviction.

     "Covered offender" means a person who has been convicted on or after January 1, 2012, of an animal abuse crime.

     "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.

     §   -2  Registration; requirements; fees.  (a)  A covered offender shall:

     (1)  Register with the animal abuse registry within five days of the covered offender's release from imprisonment for any animal abuse crime or, if not imprisoned, of the date the covered offender is convicted of any animal abuse crime; and

     (2)  Comply with the provisions of this chapter for five years following the date of registration under this chapter.

     (b)  A covered offender registering pursuant to subsection (a) shall submit the following registration information to the animal abuse registry:

     (1)  The offender's current name and any aliases;

     (2)  The offender's current residential address; and

     (3)  A current photograph of the offender's head and shoulders from the front.

     (c)  A covered offender shall notify the animal abuse registry in writing and within three working days of any change in the registration information submitted pursuant to subsections (b)(1) and (b)(2).

     (d)  A covered offender shall remain on the animal abuse registry for five years following the offender's date of registration pursuant to subsection (a), during which time the covered offender's registration information shall be made available to the public.

     (e)  A covered offender shall pay a fee of $50 to the attorney general within thirty days of the date of initial registration and annually thereafter for each year the covered offender remains on the animal abuse registry.

     §   -3  Failure to comply with covered offender registration requirements.  (a)  No person required to register under this chapter shall intentionally, knowingly, or recklessly:

     (1)  Fail to register with the animal abuse registry;

     (2)  Fail to provide the animal abuse registry with the person's registration information;

     (3)  Fail to notify the animal abuse registry in writing of any change in the covered offender's name, alias, or residence within three working days of the change;

     (4)  Provide false registration information to the animal abuse registry; or

     (5)  Sign a statement verifying that all of the registration information submitted to the animal abuse registry is accurate and current when any of the registration information is not substantially accurate and current.

     (b)  Violation of this section is a misdemeanor punishable by a term of imprisonment not to exceed one year and a fine not to exceed $2,000.

     §   -4  Animal abuse registry special fund.  (a) There is created the animal abuse registry special fund to be administered by the attorney general and into which shall be deposited all fees charged under section   -2, any contributions or appropriations to the fund, and all interest and earnings on moneys in the fund.

     (b)  Moneys in the fund shall be expended for the purposes of this chapter, and the attorney general shall expend moneys in the fund to establish and administer the animal abuse registry by contract pursuant to chapter 103D.

     §   -5  Rules.  The attorney general shall adopt rules pursuant to chapter 91 necessary to implement the purposes of this chapter.

     §   -6  Good faith immunity.  Law enforcement agencies, the animal abuse registry, employees of law enforcement agencies or the animal abuse registry, and state and county officials shall be immune from liability for good faith conduct under this chapter."

     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.  This Act shall take effect on January 1, 2012.

 

INTRODUCED BY:	_____________________________

 

Report Title:

Animal abuse registry

 

Description:

Establishes an animal abuse registry.

 

 

 

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