2017 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
711. Offenses Against Public Order
711-1109.7 Pet animal or equine animal desertion.
[§711-1109.7] Pet animal or equine animal desertion. (1) It shall be unlawful for the owner or any person in possession of any pet animal or equine animal to desert the pet animal or equine animal.
(2) Any person who violates subsection (1) shall be guilty of a petty misdemeanor and subject to a fine not exceeding $1,000 in addition to any other penalties.
(3) Any person who violates subsection (1) and recklessly causes the death of or substantial bodily injury to the pet animal or equine animal shall be guilty of a misdemeanor and subject to a fine not exceeding $2,000 in addition to any other penalties.
(4) Each pet animal or equine animal that is deserted in violation of subsection (1) or suffers death or substantial bodily injury as a result of a violation of subsection (1) shall constitute a separate offense.
(5) For the purposes of this section, "desert" means to leave without the intent to return. [L 2016, c 165, §2]
Revision Note
Subsections redesignated pursuant to §23G-15.
SUPPLEMENTAL COMMENTARY ON §§711-1109 TO 711-1110
Act 165, Session Laws 2016, added §711-1109.7, establishing the offense of pet animal or equine animal desertion. The legislature found that thousands of animals, primarily dogs and cats, were abandoned across Hawaii every year, contributing to increased animal control costs, animal suffering and overpopulation, increased euthanasia rates at local animal shelters, and possible harm to native wildlife. The legislature further found that stronger penalties for animal desertion would encourage pet owners to work with local shelters and animal control contractors when a pet must be re-homed, strengthen pet retention and the human-animal bond, and protect pet owners and the animals themselves. Conference Committee Report No. 117-16.
Act 78, Session Laws 2017, amended §711-1109.2 by: (1) permitting duly incorporated humane societies and duly incorporated societies for the prevention of cruelty to animals to petition in court for full custody of an impounded pet animal or equine animal prior to the filing of certain criminal charges against the owner or custodian of the pet animal or equine animal; (2) allowing a pet animal or equine animal to be destroyed by the petitioner prior to final disposition of certain criminal charges if the pet animal or equine animal is a danger to itself or others; and (3) specifying that an acquittal or dismissal in a criminal proceeding does not preclude civil proceedings under animal cruelty offenses. The legislature found that existing law allowed a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals that is holding an impounded pet animal or equine animal to file a petition for forfeiture of that animal prior to the final disposition of a criminal charge of certain offenses. However, the final disposition of rescued animals can be delayed while preparing for a criminal case, especially when large numbers of animals are involved. This delay can impose extraordinary costs and strains upon the incorporated humane society or incorporated society that is tasked with the care of the animals, postpone the full recovery of the animals that are being held unnecessarily, and prevent the adoption of the rescued animals. Act 78 allowed incorporated humane societies or duly incorporated societies to petition for forfeiture prior to the filing of any criminal charge that may arise from the circumstances supporting the impoundment to expedite the adoption of impounded animals and decrease the costs of caring for these animals. Senate Standing Committee Report No. 1460, Conference Committee Report No. 35.
