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HB1735
HOUSE OF REPRESENTATIVES
H.B. NO.
1735
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO CRUELTY TO ANIMALS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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Section 711-1108.5, Hawaii Revised Statutes,
is amended to read as follows:
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"
�711-1108.5
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Cruelty to animals in the first degree.
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(1)
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A person commits the
offense of cruelty to animals in the first degree if the person intentionally
or knowingly:
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(a)
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Tortures,
mutilates, or poisons or causes the torture, mutilation, or poisoning of any
pet animal or equine animal resulting in serious bodily injury or death of the
pet animal or equine animal; or
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(b)
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Kills
or attempts to kill any pet animal belonging to another person, without first
obtaining legal authority or the consent of the pet animal's owner.
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(2)
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Subsection (1)(a) shall not apply to:
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(a)
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Accepted
veterinary practices when the practices are performed by a veterinarian
licensed under chapter 471; and
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(b)
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Activities carried
on for scientific research governed by standards of accepted educational or
medicinal practices.
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(3)
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Subsection (1)(b)
shall not apply to:
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(a)
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Humane euthanasia
of any animal by an animal control officer, duly incorporated humane society,
duly incorporated society for the prevention of cruelty to animals, or duly
authorized governmental agency in accordance with American Veterinary Medical
Association accepted standards; or
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(b)
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Conduct which the
actor believes to be necessary to avoid an imminent harm or evil to the actor,
another person, or an animal; provided that the harm or evil sought to be
avoided by such conduct is greater than that sought to be prevented by this
section and is justifiable as provided in section 703-302 for choice of evils;
provided further that, for purposes of this paragraph, as the justification
described in section 703‑302 shall also apply to conduct which the actor
believes to be necessary to avoid an imminent harm or evil to an animal.
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(4)
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Subsection (1) shall not apply to predator
control or trapping conducted for the purpose of protecting property or native
biodiversity.
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[
(4)
]
(5)
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Whenever any pet animal or equine animal is
so severely injured that there is no reasonable probability that its life can
be saved, the animal may be immediately destroyed without creating any offense
under this section.
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[
(5)
]
(6)
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Cruelty to animals in the
first degree is a class C felony.
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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.
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[
(6)
]
(7)
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For the purposes of this
section, "person" means any individual; any firm, partnership, joint
venture, association, limited liability company, corporation, estate, trust,
receiver, or syndicate; or any other legal entity."
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SECTION
2.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
4.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Animal
Cruelty; Predator Control; Trapping; Exemption
Description:
Exempts
predator control and trapping for the purpose of protecting property or native
biodiversity from the offense of cruelty to animals in the first degree.
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