RELATING TO ANIMALS.

SB2710

THE SENATE

S.B. NO.

2710

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to animals
.

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

PART I

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

"
Chapter A

Prevention of Cruelty To Dogs

����
�A-1
�

Definitions
.
�
As used in this chapter:

����
"Dog"
means any animal that is wholly or in part of the subspecies canis lupus
familiaris.

����
"Dog
breeder" means any person who owns, possesses, controls, or otherwise has
charge or custody of more than ten dogs over the age of twelve months with
intact sexual organs, and who sells, barters, or otherwise transfers more than three
litters and more than twenty-five dogs per calendar year.

����
"Litter"
means one or more dogs that are born to the same mother at the same time.

����
"Person"
means any individual, firm, partnership, joint venture, association, limited
liability company, corporation, estate, trust, receiver, or syndicate; provided
that the term shall not include:

����
(1)
�
An animal control or welfare agency tax
exempt under title 26 United States Code section 501(c)(3);

����
(2)
�
A person who provides care for dogs at
the request of a government agency; or

����
(3)
�
A veterinary clinic.

����
"Regular
exercise" means providing the dog with constant and unfettered access to
an outdoor or indoor exercise area that provides at least four times the square
footage of indoor floor space required for each dog pursuant to paragraph (3)
of the definition of "sufficient space for movement".

����
"Sufficient
food and clean water" means access to adequate amounts of appropriately
nutritious food to maintain good health; and continuous access to potable water
that is substantially free from debris, feces, algae, and other contaminants.

����
"Sufficient
housing or shelter" means constant and unfettered access to an indoor
enclosure that:

����
(1)
�
Is sufficiently ventilated at all times
to minimize odors, drafts, and ammonia levels, and to prevent moisture
condensation;

����
(2)
�
Has a means of fire suppression, such
as functioning fire extinguishers, located within forty feet of the cage or
enclosure;

����
(3)
�
Has sufficient lighting to allow for
observation of the dogs at any time of day or night;

����
(4)
�
Is not placed more than forty-two
inches above the floor;

����
(5)
�
Is not stacked or otherwise placed on
top of or below another animal's cage or primary enclosure; and

����
(6)
�
Is cleaned at least once a day of feces,
hair, dirt, debris, and food waste.

����
"Sufficient
space for movement" means the following:

����
(1)
�
Sufficient indoor space for each dog to
lie down and fully extend limbs and stretch freely without touching the sides
of the enclosure or another dog, and to turn in a complete circle without any
impediments, including a tether;

����
(2)
�
At least twelve inches of headroom
above the head of the tallest dog in the enclosure when it is in a normal
standing position; and

����
(3)
�
A square footage that includes at
least:

���������
(A)
�
Twelve square feet of indoor floor
space for each dog that is not more than twenty-five inches in length;

���������
(B)
�
Twenty square feet of indoor floor
space for each dog that is not less than twenty-five inches and not more than
thirty-five inches in length; and

���������
(C)
�
Thirty square feet of indoor floor
space for each dog that is more than thirty-five inches in length;

���������
provided
that the length of the dog shall be measured from the tip of the nose to the
base of the tail.

����
"Sufficient
veterinary care" means, at minimum:

����
(1)
�
An examination performed at least once
a year by a veterinarian licensed under chapter 471;

����
(2)
�
Prompt treatment of any illness or
injury by a veterinarian licensed under chapter 471, when needed to prevent
suffering; and

����
(3)
�
Humane euthanasia, when needed, by a
veterinarian licensed under chapter 471, using lawful techniques deemed
acceptable by the American Veterinary Medical Association.

����
�A-2
�

Limit on number of dogs.
�
No person shall own, possess, control, or
otherwise have charge or custody of more than thirty dogs, with intact sexual organs
and over the age of one year, at any time.

����
�A-3
�

Standard of care; recordkeeping.
�
(a)
�
A dog breeder shall provide the following for
each dog:

����
(1)
�
Regular exercise;

����
(2)
�
Sufficient food and clean water;

����
(3)
�
Sufficient housing or shelter;

����
(4)
�
Sufficient space for movement;

����
(5)
�
Sufficient veterinary care; and

����
(6)
�
A microchip implanted under the skin;

provided
that no microchip shall be implanted in any dog aged less than four months.

����
(b)
�
No dog breeder shall breed any dog:

����
(1)
�
Unless the dog is between the ages of
twelve months and eight years of age;

����
(2)
�
To produce more than two litters in any
eighteen-month period; or

����
(3)
�
Determined by a veterinarian to be unfit
for breeding purposes.

����
(c)
�
A dog breeder shall maintain a record for
each dog and the dog's offspring including the following information:

����
(1)
�
Each breeding dog shall be identified
by the implantation of a microchip, and each dog's health records shall
accurately record the appropriate identification;

����
(2)
�
All veterinary treatment, including the
following:

���������
(A)
�
A record of each inoculation and
de-worming treatment, if any, including the dates and types of treatments
administered; and

���������
(B)
�
A record of any veterinary treatments
or medications received;

����
(3)
�
The date of birth of the dog or, if the
date of birth is unknown, the date the dog breeder acquired possession, control,
or charge of the dog and the source of the dog;

����
(4)
�
The dates on which the dog has been
bred;

����
(5)
�
For a female, the number of dogs in
each litter produced; and

����
(6)
�
The disposition the dog breeder makes
of each dog possessed by, controlled by, or in the charge of the dog breeder,
including the date of disposition, manner of disposition, and the name and
address information for any person taking possession, control or charge of a
dog.

����
Records
shall be retained for at least three years following the death of the dog or a
date on which the dog breeder permanently ceased to have possession or control
of the dog.

����
�
A-4
�
Prohibitions on certain
types of dogs in the same enclosure.
�

No dog breeder shall place:

����
(1)
�
A dog with a vicious or aggressive
disposition in an enclosure with another dog, except for breeding purposes;

����
(2)
�
Breeding females in heat in the same
enclosure at the same time with sexually mature males, except for breeding
purposes;

����
(3)
�
Breeding females and their litters in
the same enclosure at the same time with other adult dogs; and

����
(4)
�
Puppies aged twelve weeks or younger in
the same enclosure at the same time with other adult dogs, other than the dam
or foster dam, unless under immediate and constant supervision.

����
�A-5
�

Penalty.
�
Any person who
violates section A‑2, A-3, or A-4 shall be guilty of a misdemeanor.
�
Each violation shall constitute a separate
offense.
�
If the circumstances warrant a
charge of cruelty to animals in the second degree prescribed under section
711-1109, the defendant may be charged with violating that section instead.

����
�
A-6
�
Severability.
�
Any violation of section A‑2, A‑3,
or A-4 shall be in addition to and not in lieu of any other state and federal
laws protecting animal welfare.
�
Sections
A-2, A-3, and A-4 shall not be construed to limit any state law, rule, or
regulation protecting the welfare of animals, nor shall anything in these
sections prevent a local governing body from adopting and enforcing its own
animal welfare laws and regulations in addition to these sections."

����
SECTION

2
.
�
Chapter 143,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:

����
"
�143-
�
Dog breeders; license required; fees; minimum
requirements; premises available for inspection; civil penalties.
�
(a)
�

It shall be unlawful for any person to own or operate as a dog breeder
unless the person obtains a valid license as a dog breeder pursuant to this
chapter.

����
(b)
�
Each county council shall have the power to
fix license fees for dog breeders on a biennial basis.
�
Until and unless otherwise provided by
ordinance, the biennial license fee for each dog breeder shall be $500.
�
Any person operating as a dog breeder shall
pay the license fee to the director of finance of the county in which the
breeder operation is located.
�
The
license fee shall be due and payable on January 2 of every second year and
shall be paid before March 11 of every second year, or within thirty days after
becoming subject to this chapter.
�
The
full amount of the fee shall be paid for any fraction of the license period for
which a license is issued.
�
All moneys
received by the director of finance under this chapter shall be paid into the
general fund of each county.

����
(c)
�
The minimum standards regarding the care, treatment,
and proper recordkeeping requirements in dog breeding operations shall be the
same as prescribed under section A-3.

����
(d)
�
A dog breeder licensee shall make its
premises available for unannounced inspection by the county or the county's contracted
designee, pursuant to section 143-15, during regular business hours.

����
(e)
�
Any person who operates as a dog breeder
without a license shall be subject to a civil penalty of up to $1,000; provided
that each day of a violation shall be considered a separate offense.
�
Any failure to comply with the standards and
recordkeeping requirements prescribed under section A‑3 shall be subject
to a civil penalty of up to $1,000 for each violation.
"

����
SECTION

3
.
�
Section 143-1,
Hawaii Revised Statutes, is amended by adding three new definitions to be
appropriately inserted and to read as follows:

����
"
"Dog
breeder" means any person who owns, possesses, controls, or otherwise has
charge or custody of more than ten dogs over the age of twelve months with
intact sexual organs, and who sells, barters, or otherwise transfers more than three
litters and more than twenty-five dogs per calendar year.

����
"Person"
means any individual, firm, partnership, joint venture, association, limited
liability company, corporation, estate, trust, receiver, or syndicate; provided
that the term shall not include:

����
(1)
�
An animal control or welfare agency tax
exempt under title 26 United States Code section 501(c)(3);

����
(2)
�
A person who provides care for dogs
at the request of a government agency; or

����
(3)
�
A veterinary clinic.

����
"Premises"
means the location of property, whether private or public, upon which
buildings, yards, kennels, pens, and cages are used by a dog breeder in the
usual course of business.
"

����
SECTION
4
.
�
Section 143-15, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�143-15
�
Contracts for
seizing and impounding dogs.
�

Any county may contract with any society or organization formed for the
prevention of cruelty to animals, or similar dog protective organization, for [
the
]
:

����
(1)
�
The

seizure and impounding of all unlicensed dogs, [
and for the
]

dogs owned by a dog breeder not in compliance with this chapter and
any rules adopted pursuant to this chapter, and dogs owned by a person acting
in the capacity of or engaged in the business of a dog breeder within the
county without a dog breeder license obtained under and in compliance with this
chapter and any rules adopted pursuant to this chapter;

����
(2)
�
The
maintenance of a shelter or pound
for [
unlicensed
]
seized
dogs, and for lost, strayed, and homeless
dogs, [
and for the
]
; and

����
(3)
�
The
destruction or other disposition of
seized dogs not redeemed as provided in this chapter.

The county
may prescribe in the contract the manner in which the work is to be done by the
society or organization and it may also direct the disposition to be made of
all dogs seized pursuant to this chapter."

PART
II

����
SECTION 5.
�

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

"
Chapter B

REGISTRATION
OF ANIMAL ABUSERS

����
�B-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 B-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.

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

����
�B-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 ten 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 ten 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.

����
�B-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 person 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.

����
�B-5
�

Access to registration information.
�

The attorney general shall keep confidential and shall not publish
registration information; provided that registration information shall be made
available for inspection by any animal shelter, pet store, animal breeder, zoo,
or aquarium in the State.

����
�B-6
�
Requirement to check registration information.
�
(a)
�

All animal shelters, pet stores, and animal breeders in the State 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 the State 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.

����
�B-7
�

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

����
�B-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 6.
�

Chapter 711, Hawaii Revised Statutes, is amended by adding a new section
to part I to be appropriately designated and to read as follows:

����
"
�
711-
�
Animal hoarding.
�
(1)
�

A person commits the offense of animal hoarding if the person
intentionally, knowingly, or recklessly:

����
(a)
�
Possesses
more than dogs, cats, or a combination of dogs
and cats;

����
(b)
�
Fails
to provide necessary sustenance for each dog or cat; and

����
(c)
�
Fails
to correct the conditions under which the dogs or cats are living, where
conditions injurious to the dogs', cats', or owner's health and well-being
result from the person's failure to provide necessary sustenance.

����
(2)
�

Animal hoarding is a misdemeanor.
�

In addition to any penalty authorized for a person convicted of an
offense under this section, the court shall require the defendant undergo mental
health assessment and treatment.
"

����
SECTION
7
.
�
Section 711-1108.5, Hawaii Revised Statutes,
is amended by amending subsections (5) and (6) to read as follows:

����
"(5)
�

Cruelty to animals in the first degree is a class [
C
]
B

felony[
.
]
; provided that if the court finds that the offense was
especially heinous, atrocious, or cruel, manifesting exceptional depravity or
that the person was previously convicted of the offense of cruelty to animals
in the first degree in this State, cruelty to animals in the first degree is a
class A 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 B.

����
[
[
](6)[
]
]
�
For the purposes of this section[
,
"person"
]
:

����
"Especially heinous, atrocious, or
cruel, manifesting exceptional depravity" has the same meaning as defined
in section 706-657.

����
"Person"
means any
individual; any firm, partnership, joint venture, association, limited
liability company, corporation, estate, trust, receiver, or syndicate; or any
other legal entity.

����
"Previously convicted" has the
same meaning as defined in section 706-657.
"

����
SECTION
8
.
�
Section 711-1109, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�
711-1109
�
Cruelty
to animals in the second degree.
�
(1)
�
A person commits the offense of cruelty to
animals in the second degree if the person intentionally, knowingly, or
recklessly:

����
(a)
�
Overdrives, overloads, tortures,
torments, beats, causes substantial bodily injury to, or starves any animal, or
causes the overdriving, overloading, torture, torment, beating, or starving of
any animal;

����
(b)
�
Deprives
a pet animal of necessary sustenance or causes that deprivation;

����
(c)
�
Mutilates,
poisons, or kills without need any animal other than insects, vermin, or other
pests; provided that the handling or extermination of any insect, vermin, or
other pest is conducted in accordance with standard and acceptable pest control
practices and all applicable laws and regulations;

����
(d)
�
Keeps,
uses, or in any way is connected with or interested in the management of, or
receives money for the admission of any person to, any place kept or used for
the purpose of fighting or baiting any bull, bear, cock, or other animal, and
includes every person who encourages, aids, or assists therein, or who permits
or suffers any place to be so kept or used;

����
(e)
�
Carries
or causes to be carried, in or upon any vehicle or other conveyance, any animal
in a cruel or inhumane manner;

����
(f)
�
Confines
or causes to be confined, in a kennel or cage, any pet animal in a cruel or
inhumane manner;

����
(g)
�
Tethers,
fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other
stationary object, or uses a trolley, trolley with swivels, pulley, cable,
running line, or trolley lacking swivels at each end that is designed to attach
a dog to two stationary objects in a configuration that endangers the dog,
including preventing the dog from obtaining necessary sustenance;

����
(h)
�
Tethers
or restrains a dog under the age of six months unless the dog is engaged in an
activity supervised by its owner or an agent of its owner;

����
(i)
�
Tethers
or restrains a dog by a tow or log chain;

����
(j)
�
Tethers
or restrains by means of choke collar, pinch collar, or prong collar unless the
dog is engaged in an activity supervised by its owner or an agent of its owner;
or

����
(k)
�
Assists another in the commission of
any act specified in paragraphs (a) through (j).

����
(2)
�

Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to:

����
(a)
�
Accepted
veterinary practices;

����
(b)
�
Activities
carried on for scientific research governed by standards of accepted
educational or medicinal practices; or

����
(c)
�
Pest
control operations conducted pursuant to chapter 149A by a pest control
operator licensed pursuant to chapter 460J, if the pest control is performed
under a written contract.

����
(3)
�

Whenever any 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 without creating any offense under this section.

����
(4)
�

Cruelty to animals in the second degree is a [
misdemeanor,
]
class
C felony,
except [
that if the offense involves ten or more pet animals
in any one instance, then cruelty to animals in the second degree is a class C
felony.
]
as provided in subsection (5).

����
(5)
�

If the offense involves ten or more pet animals in any one instance or
the person was previously convicted of cruelty to animals in the second degree
in this State, cruelty to animals in the second degree is a class B
felony.
�
In addition to any other
penalties imposed, the person 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 B.

����
(6)
�

For the purposes of this section, "previously convicted" has
the same meaning as defined in section 706-657.
"

����
SECTION
9
.
�
Section 711-1109.1, Hawaii Revised Statutes,
is amended by amending subsection (1) to read as follows:

����
"
(1)
�

If there is probable cause to believe that a pet animal or equine animal
is being subjected to treatment in violation of section 711-1108.5, 711-1109,
711-1109.3, [
or
] 711‑1109.35,
or 711- ,
as
applicable, a law enforcement officer, after obtaining a search warrant, or in
any other manner authorized by law, may enter the premises where the pet animal
or equine animal is located to provide the pet animal or equine animal with
food, water, and emergency medical treatment or to impound the pet animal or
equine animal.
�
If after reasonable
effort, the owner or person having custody of the pet animal or equine animal
cannot be found and notified of the impoundment, an impoundment notice shall be
conspicuously posted on the premises and within seventy-two hours after
posting, the notice shall be sent by certified mail to the address, if any,
from which the pet animal or equine animal was removed.
"

����
SECTION
10
.
�
Section 711-1109.2, Hawaii Revised Statutes,
is amended as follows:

����
1.
�

By amending subsection (1) to read:

����
"
(1)
�

If any pet animal or equine animal is impounded pursuant to section
711-1109.1, prior to filing of, or final disposition of a criminal charge under
section 711-1108.5, 711‑1109, 711-1109.3, [
or
] 711-1109.35,
or
711- ,
as applicable, against the pet animal's or equine
animal's owner, any duly incorporated humane society or duly incorporated
society for the prevention of cruelty to animals that is holding the pet animal
or equine animal may file a petition in the court that would have jurisdiction
over the criminal case when the criminal charge is filed, if the petition is
filed prior to the filing of the criminal charge, or in the criminal action
requesting that the court issue an order for forfeiture of the pet animal or
equine animal to the county or to the duly incorporated humane society or duly
incorporated society for the prevention of cruelty to animals prior to the
filing of the criminal charge that arises from the impoundment or final
disposition of the criminal charge.
�
The
petitioner shall serve a true copy of the petition upon the owner or custodian
of the impounded pet animal or equine animal, when a petition is filed prior to
the filing of the criminal charge, or the defendant, in the criminal action,
and the prosecuting attorney."

����
2.
�

By amending subsection (3) to read:

����
"
(3)
�
At a hearing conducted pursuant to subsection
(2), the petitioner shall have the burden of establishing probable cause that
the pet animal or equine animal was subjected to a violation of section
711-1108.5, 711-1109, 711-1109.3, [
or
] 711‑1109.35,
or
711- ,
as applicable.
�

If the court finds that probable cause exists, the court shall order
immediate forfeiture of the pet animal or equine animal to the petitioner,
unless the owner or custodian of the impounded pet animal or equine animal,
when a petition is filed prior to the filing of the criminal charge, or the
defendant, in the criminal action, within seventy-two hours of the hearing:

����
(a)
�
Posts a security deposit or bond with
the court clerk in an amount determined by the court to be sufficient to repay
all reasonable costs incurred, and anticipated to be incurred, by the
petitioner in caring for the pet animal or equine animal from the date of
initial impoundment to the date of trial; or

����
(b)
�
Demonstrates to the court that proper
alternative care has been arranged for the pet animal or equine animal.

Notwithstanding
subsection (3)(a), a court may waive, for good cause shown, the requirement
that the owner or custodian of the impounded pet animal or equine animal, when
a petition is filed prior to the filing of the criminal charge, or the
defendant, in the criminal action, post a security deposit or bond."

����
3.
�

By amending subsection (5) to read:

����
"
(5)
�
No pet animal or equine animal may be
destroyed by a petitioner under this section prior to final disposition of a
criminal charge under section 711-1108.5, 711-1109, 711-1109.3, [
or
]
711-1109.35,
or 711- ,
as applicable, against the pet
animal's or equine animal's owner, except in the event that the pet animal or
equine animal is a danger to itself or others, or so severely injured that
there is no reasonable probability that its life can be saved."

����
SECTION
11
.
�
Section 711-1110.5, Hawaii Revised Statutes,
is amended to read as follows:

����
"
�711-1110.5
�
Surrender or forfeiture of animals.
�
Upon conviction, guilty plea, or plea of
nolo contendere for any violation of section 711-1108.5, 711-1109, 711-1109.3, [
or
]
711‑1109.35[
:
]
, or 711- :

����
(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.
"

PART III

����
SECTION 12.
�

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

����
SECTION 13.
�

In codifying the new chapters added by sections 1 and 5 of this Act, the
revisor of statutes shall substitute appropriate chapter numbers for the
letters used in designating the new sections in this Act.

����
SECTION 14.
�

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

����
SECTION 15.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Animal Cruelty; Commercial Dog Breeders; Licensing;
Regulations; Penalties; Counties Animal Abuser Registration; Attorney General; Animal
Hoarding

Description:

Defines a "dog breeder" as any person who owns,
possesses, controls, or otherwise has charge or custody of more than ten dogs
over the age of twelve months with intact sexual organs, and who sells,
barters, or otherwise transfers more than three litters and more than
twenty-five dogs per calendar year.
�

Requires dog breeders to meet minimum standards of care and not place
certain types of dogs in the same enclosure to ensure the proper treatment and
care of dogs and the dogs' offspring.
�

Prohibits any person from owning or having custody of more than thirty
dogs over one year with intact sexual organs.
�

Requires dog breeders to maintain specific written records for each dog
for a specified period.
�
Authorizes each
county to assess, implement, and enforce its own licensing system for dog
breeders.
�
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.
�
Prevents persons convicted of
animal cruelty from possessing, owning, or working in close proximity to
animals.
�
Establishes the offense of
animal hoarding.
�
Establishes civil and
criminal penalties for violations.
�

Increases criminal penalties for cruelty to animals in the first and
second degree.
�
Allows for increased
penalties for persons convicted of cruelty to animals in the first and second degree
in certain situations.

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