§711-1110.5  Surrender or forfeiture of
animals.  [Repeal and reenactment on July 1, 2015.  L 2009, c 11, §15 as
superseded by c 160, §3.]  Upon conviction, guilty plea, or plea of nolo
contendere for any violation of section 711-1108.5, 711-1109, 711-1109.3, or
711-1109.6:



(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.
[L 1985, c 262, §1; am L 2006, c 238, §1; am L 2007, c 114, §7; am L 2008, c
128, §§4, 7]



 



COMMENTARY ON §711-1110.5



 



  Act 262, Session Laws 1985, requires the defendant convicted
of cruelty to animals to surrender:  (1) the animal whose abuse led to the
conviction; and (2) any other animal if there is evidence of its abuse or
neglect.  The Legislature felt that a court-ordered hiatus in the custody of
the abused animal would accomplish the clear intent of this measure to protect
abused animals from further harm.  House Standing Committee Report No. 421,
Senate Standing Committee Report No. 897.



  Act 238, Session Laws 2006, amended this section to clarify
that animal care costs incurred for abused or neglected animals will be the
responsibility of the abuser.  These animals are often left in the custody of
humane societies while the court resolves the criminal case against the
abuser.  A case often takes months or years to be resolved, while the animals
are cared for at the humane society's expense.  Act 238 made it clear that it
is the abuser who is financially responsible for the care of the animals. 
Conference Committee Report No. 7-06, Senate Standing Committee Report No.
2579.



  Act 114, Session Laws 2007, amended this section, among
others, by conforming the forfeiture provisions to apply to the felony
prohibitions of the Act.  Act 114 created the offense of cruelty to animals in
the first degree, making it a felony to intentionally or knowingly torture,
mutilate, or poison or cause the torture, mutilation, or poisoning of any pet
animal resulting in serious bodily injury or death of the pet animal.  The
legislature found that violence, whether against humans or animals, must be not
tolerated in our society. Evidence suggests a link between animal abuse and the
commission of violent acts against humans.  Hawaii is only one of nine states
in the United States without a felony offense for domestic animal abuse.  The
legislature also found that pet animals provide a close emotional bond and relationship
with their owners and family members and friends.  Violence and harm committed
against the animals have a significant emotional impact on their owners and
family.  The felony provisions of Act 114 protected pet animals.  Conference
Committee Report No. 29.



  Act 128, Session Laws 2008, criminalized animal hoarding as a
misdemeanor in §711-1109.6, and made conforming amendments to this section. 
Act 128 sunsets on July 1, 2011.  Conference Committee Report No. 45-08.



  Act 11, Session Laws 2009, provided for the reenactment of
§711-1110.5 upon the repeal of Act 128, Session Laws 2008.



  Act 160, Session Laws 2009, extended the sunset date of Act
128, Session Laws 2008, relating to animal hoarding, [affecting this section,]
from July 1, 2011 to July 1, 2015.  Conference Committee Report No. 85.