House panel shelves
bill on animal cruelty

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By Pat Omandam
pomandam@starbulletin.com

Despite hearing testimony overwhelmingly in support of the measure, a House committee shelved a bill yesterday that would make cockfighting, dog-fighting and other aggravated cruelty to animals a Class C felony punishable by up to five years in prison.

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"House Bill 165 is a win-win for those who really do have chickens as pets and for those of us opposed to roosters being raised for cockfights in our neighborhoods," Garry Smith, of Ewa Beach, told the House Judiciary Committee yesterday.

Smith said more than 30 fighting roosters at a nearby farm start crowing about 3 a.m. in his neighborhood.

He said he believes if the Legislature makes cockfighting a Class C felony, the demand for these roosters will dramatically decrease.

He was one of about 20 people who testified in favor of the bill, while five testified against it.

But House Judiciary Chairman Eric Hamakawa (D, South Hilo-Kurtistown) said the bill is similar to one that failed last year. He said he was concerned that the measure may be overly broad and may not pass constitutional muster.

Hamakawa recommended it be held in committee.

The proposed law would have made it illegal to own, train, sell or help raise a game cock with the intent of fighting another fowl. Violators would also have to undergo counseling to treat "behavioral or conduct disorders."

Currently, cockfighting is a misdemeanor that usually results in a fine.

Also, the bill would have made it a felony to commit a heinous, atrocious, cruel or unnecessarily tortuous act on an animal.

"Cockfighting is a premeditated, inhumane and cruel act that is often accompanied by illegal gambling, the presence of illicit drugs and weapons," testified Robert Reder, West Coast regional coordinator of the Humane Society of the United States. "An especially disturbing aspect of this blood sport is the frequent presence of young and impressionable children."

Ronette Kawakami, deputy public defender, testified that cockfighting, which has its roots in the Asian culture, where it is considered a hobby, is legal in three states.

"Given the ongoing debate regarding this activity, it is our position that making cockfighting a Class C felony is an unnecessarily severe charge," she said.

Freshman state Rep. Alex Sonson (D, Waipahu) was also quick to question the measure, saying it may be overreaching for those who consider raising roosters a hobby.

He said he wondered how police and prosecutors would tell the difference between those who raise roosters as pets and those who raise them for cockfighting.

"Why is the punishment so high?" Sonson added.