Bill Text: HI SB2014 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Animal Cruelty.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2018-01-19 - Referred to JDC, WAM. [SB2014 Detail]

Download: Hawaii-2018-SB2014-Introduced.html

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THE SENATE	S.B. NO.	2014
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to Animal Cruelty.

 

 

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

 

     SECTION 1.  The legislature finds that violence, whether against humans or animals, must not be tolerated in our society.  To the extent that acts of cruelty to one animal has been linked to cruelty to other animals and violence against humans, it is necessary to ensure that persons convicted of cruelty to animals are restricted from interacting with animals.

     The purpose of this Act is to:

     (1)  Require individuals convicted of animal abuse crimes to register as such, in order to prevent animal abusers from adopting, purchasing, or working closely with animals;

     (2)  Require animal shelters, pet stores, animal breeders, zoos, and aquariums to check to see if an individual has been convicted of animal cruelty; and

     (3)  Require police officer training on identifying and investigating animal abuse.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

REGISTRATION OF ANIMAL ABUSERS

     §   -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    -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.

     §   -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    -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 such 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    -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 designation in the state or jurisdiction in which the order was issued, which states that such designation has been removed or demonstrates to the attorney general that such 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 such 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    -1, thereby showing that such 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.

     (c)  Registration information for each animal abuser shall contain a signed statement by the animal abuser containing:

     (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.

     §   -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       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       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.

     §   -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 animal abuser 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.

     (c)  Failure to comply with animal abuser registration requirements is a misdemeanor.

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

     §   -6  Requirement to check registration information.  (a)  All animal shelters, pet stores, and animal breeders in Hawaii 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 Hawaii 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.

     §   -7  Penalties.  (a)  Any animal abuser who violates the provisions of section 711-1108.5(5) or 711-1109(4) 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    -6 shall be punished by a fine of not less than $          .

     §   -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 3.  Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§52D-    Police officers; training; animal abuse and animal cruelty.  (a)  Each police commission established pursuant to section 52D-1 shall establish a training program that includes courses on how to identify and investigate animal abuse.  Each police officer shall complete a minimum of       hours of training every       years.

     (b)  For purposes of this section, "police officer" means any public servant employed by a county, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses."

     SECTION 4.  Section 711-1108.5, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

     "(5)  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.], 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      ."

     SECTION 5.  Section 711-1109, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

     "(4)  Cruelty to animals in the second degree is a misdemeanor, except where the offense involves ten or more pet animals in any one instance which 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, 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      ."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Animal Abuser Registration; Animal Cruelty; Attorney General

 

Description:

Requires persons convicted of animal cruelty to register with the attorney general.  Requires animal shelters, animal breeders, and pet stores to check whether an individual has been convicted of animal abuse when the individual applies to work or volunteer, or purchases or adopts an animal.  Establishes penalties.  Prevents persons convicted of animal cruelty from possessing, owning, or working in close proximity to animals.  Requires police officers to be trained in identifying and investigating animal abuse.

 

 

 

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