§711-1110  Relating to agent of society. 
The agent of any society which is formed or incorporated for the prevention of
cruelty to animals, upon being appointed thereto by the president of such
society in any district in the State, may within such district make arrests and
bring before any district judge thereof offenders found violating the
provisions of section 711-1109 to be dealt with according to law. [L 1972, c 9,
pt of §1]



 



COMMENTARY ON §§711-1109 TO 1110



 



  When the Legislature adopted the Code in 1972, it declined to
accept the Proposed Draft's treatment of the offense of cruelty to animals. 
Section 711-1109 as adopted clarifies the existing law relating to the offense
of "cruelty to animals."  It makes it a crime to "knowingly or
recklessly" overdrive, overload, torture, torment, deprive of necessary
sustenance, cruelly beat, or needlessly mutilate or kill any living creature. 
The section prohibits the keeping, using, management, or receipt of money for
admission for fighting or baiting any "bull, bear, dog, cock, or other
creature."  It also bars the carrying of any creature in a cruel or
inhumane manner, and bars any other act towards the furtherance of any act of
cruelty to animals.



  The section provides that if a domestic 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.



  The section also states that the provisions do not apply to
"accepted veterinary practices" and "scientific research" activities.



  Section 711-1110 is a new section which was not contained in
the Proposed Draft.  It authorizes agents of any society for the prevention of
cruelty to animals to make arrests for violations of §711-1109.



  The Code basically retains the prior existing Hawaii law
relating to this subject.  Thus the provisions set forth in HRS Chapter 722,
with updating, appear to be restated in substantial part in the Code.  The Code
treatment thus differs from the brief provision recommended by the Proposed Draft. 
The Legislature felt that the provision was too vague to prevent some types of
mistreatment of animals.  Conference Committee Report No. 2 (1972).



 



SUPPLEMENTAL COMMENTARY ON §§711-1109 TO 1110



 



  Act 173, Session Laws 1998, amended §711-1109 to provide that
depriving pet animals of necessary sustenance constitutes the crime of cruelty
to animals.  The legislature noted that the statute identified only those acts
which were the most heinous and extreme, such as beating, mutilation,
poisoning, starvation, and torture.  However, on a daily basis, other less
overt acts such as daily neglect also resulted in the inhumane treatment of
animals.  Thus, the legislature agreed that pet animals deserved a minimum
level of care including adequate food, water, and shelter.  Senate Standing
Committee Report No. 3222, Conference Committee Report No. 87.



  Act 192, Session Laws 1986, amended §711-1109 to provide that
the intentional, knowing, or reckless poisoning of an animal, except insects
and vermin, constitutes the offense of cruelty to animals.  The prohibition was
enacted in light of the increasing incidences of paraquat poisoning of animals
and because of the uncertainty of whether the present law applied to such
acts.  House Conference Committee Report No. 37-86, Senate Conference Committee
Report No. 27-86, and House Standing Committee Report No. 392.



  Section 711-1109.3 was added by Act 129, Session Laws 1983,
to prohibit the practice of dog fighting and its related activities.  While
those activities could be prosecuted under §711-1109, the legislature felt the
need to impose a more severe sanction than the misdemeanor penalty imposed in
that section.  Senate Standing Committee Report No. 347, House Standing
Committee Report No. 1054.



  Act 259, Session Laws 2002, added §§711-1109.4 and
711-1109.5, creating criminal offenses for causing injury or death to a guide
dog, signal dog, or service animal, and for intentional interference with the
use of a guide dog, signal dog, or service animal.  Act 259 recognized the
unique skills of guide dogs, signal dogs, and service animals that have
completed lengthy and specialized training to serve their owners with
disabilities.  The dogs have become the object of taunting and injury from
people or from other dogs.  Conference Committee Report No. 58-02.



  Act 239, Session Laws 2006, added §§711-1109.1 and
711-1109.2, allowing:  (1) law enforcement officers to enter premises and
impound a pet animal when there is probable cause to believe the pet animal is
being subjected to cruel treatment; and (2) a court to order the forfeiture of
an impounded pet animal prior to the disposition of a criminal action against
the pet animal's owner.  The forfeiture was intended to pay for the animal's
care, not to punish the owner.  Act 239 provided a way to implement the legal
principle that, despite the impoundment, the obligation to provide adequate
care for the pet animal remains with the owner.  Conference Committee Report
No. 6-06, Senate Standing Committee Report No. 2592.



  Act 114, Session Laws 2007, strengthened Hawaii's animal
cruelty laws.  Act 114 amended §711-1109 by making conduct against any animal
resulting in substantial bodily injury a misdemeanor.  Act 114 also amended
§§711-1109.1 and 711-1109.2 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, added §711-1109.6, criminalizing
animal hoarding as a misdemeanor.  Act 128 was in response to recent incidences
of the keeping of a large number of animals, typically dogs and cats, without
providing adequate care to the animals.  The legislature found that animal
hoarding is an under-recognized community problem affecting both human and
animal welfare.  Act 128 sunsets on July 1, 2011.  Conference Committee Report
No. 45-08.



  Act 128, Session Laws 2008, criminalized animal hoarding as a
misdemeanor in §711-1109.6, and made conforming amendments to §§711-1109.1 and
711-1109.2.  Act 128 sunsets on July 1, 2011.  Conference Committee Report No.
45-08.



  Act 11, Session Laws 2009, provided for the reenactment of
§§711-1109.1(1) and 711-1109.2(1), (3), and (5) upon the repeal of Act 128,
Session Laws 2008.



  Act 160, Session Laws 2009, amended §711-1109(1) and (2) to
clarify the offense of cruelty to animals in the second degree by including
intentionally, knowingly, or recklessly:  (1) confining or causing to be
confined, in a kennel or cage, any pet animal in a cruel or inhumane manner; or
(2) tethering, fastening, tying, or restraining a dog to a doghouse, tree,
fence, or any other stationary object by means of a choke collar, pinch collar,
or prong collar; provided that a person is not prohibited from using the
restraints when walking a dog with a handheld lease or while a dog is engaged
in a supervised activity.  Conference Committee Report No. 85.



  Act 160, Session Laws 2009, amended §711-1109.6(1) by
decreasing from ["more than twenty"] to "more than
fifteen", the number of dogs, cats, or combination of dogs and cats
required to be possessed for the animal hoarding statute to apply.  Conference
Committee Report No. 85, Senate Standing Committee Report No. 590.



  Act 160, Session Laws 2009, also extended the sunset date of
Act 128, Session Laws 2008, relating to animal hoarding, [affecting
§§711-1109.6, 711-1109.1, and 711-1109.2,] from July 1, 2011 to July 1, 2015. 
Conference Committee Report No. 85.