Bill toughens law on animal cruelty
By James Gonser
Advertiser Staff Writer
A bill to toughen the state's animal cruelty laws by allowing felony charges to be filed against anyone who intentionally kills a domesticated animal, or who is a repeat animal cruelty offender, was debated before a packed House Judiciary Committee at the State Capitol yesterday.
Police, prosecutors and the Hawaiian Humane Society spoke in support of the bill while the public defender's office and the Animal Care Foundation testified in opposition.
After hearing testimony, the committee voted to send House Bill 976 H.D. 2 to the House floor.
Deputy Prosecutor Lori Nishimura said her office believes that animal killers and repeat offenders should be "treated more harshly and are deserving of an enhanced grade of offense."
If the bill is passed, killing an animal would become a Class C felony punishable by up to five years in prison and a $10,000 fine. The misdemeanor charge under present law is punishable by up to one year in prison and a $2,000 fine.
State public defender Jack Tonaki told the committee that the present cruelty-to-animals law provides sufficient punishment. He said a person charged with several counts could serve extended jail time.
"The authorities currently have the ability to severely punish the perpetrator," he said in written testimony.
Tonaki also said the bill should be limited to domesticated animals because hunters or scientists who use animals for experimentation could be prosecuted under the law.
Pamela Burns, president of the Hawaiian Humane Society, requested that the bill also require counseling for animal abusers. She also asked that bill be amended to toughen the penalties for cockfighting, making it a felony rather an a misdemeanor.
"While there has been debate about this form of cruelty and how it's a part of culture, let's make sure we see cockfighting clearly," Burns said. "Cockfighting is where people kill animals for sport, entertainment and monetary gain."
Frank De Giacomo, vice president of the Animal Care Foundation, testified that the bill should not be passed because the laws are not enforced anyway and also because groups of animal rescuers could be targeted for unfair prosecution.
The committee also approved House Bill 49 H.D. 2, which would restrict the use of cellular phones while driving, allowing hands-free devices only. Proponents say the bill would make driving safer but opponents say there is no conclusive proof that use of a cell phone causes accidents.
