HB 1852

HOUSE OF REPRESENTATIVES
H.B. NO.
1852
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO FERAL CHICKENS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Section 142-93.5, Hawaii Revised Statutes, is
amended to read as follows:
���� "[[[]]�142-93.5[[]]]� Mongoose; feral chickens; killing
allowed. �(a)� No person shall be prohibited from killing a
mongoose or a feral chicken in any manner not prohibited by law,
including by trapping.
���� (b)� Nothing in this section shall be construed
to:
���� (1)� Permit animal fighting or cockfighting; or
���� (2)� Permit the use of torture, starvation,
immolation, or beating.
���� (c)� As used in the section "feral
chicken" means a chicken that is living in a wild and unconfined state."
���� SECTION 2.� Section 183D-1, Hawaii Revised Statutes, is
amended by amending the definition of "wild birds" to read as
follows:
���� ""Wild
birds" means birds, other than game birds, living in a wild and
undomesticated state, and the young and eggs of those birds.� "Wild birds" does not include
feral chickens as defined in section 142-93.5."
���� SECTION 3.� Section 711-1109, Hawaii Revised Statutes, is
amended by amending subsection (1) to read as follows:
���� "(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; provided further that this paragraph shall
not apply to acts performed in accordance with section 142-93.5(a);
���� (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, 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."
���� SECTION
4.� This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
���� SECTION
5.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 6.� This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Feral
Chickens; Killing; Wild Birds; Animal Cruelty; Exemption
Description:
Allows
the killing of feral chickens.� Exempts
feral chickens from definition of "wild birds".� Exempts killing of feral chickens from the offense
of cruelty to animals.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.