Bill Text: HI SB2692 | 2024 | Regular Session | Amended
Bill Title: Relating To Dangerous Dogs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-03-07 - Referred to JHA, FIN, referral sheet 16 [SB2692 Detail]
Download: Hawaii-2024-SB2692-Amended.html
|
THE SENATE |
S.B. NO. |
2692 |
|
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO DANGEROUS DOGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaiʻi struggles with the problem of loose dogs that behave aggressively. Some of these dogs are feral; other dogs have owners who have failed to control or train their dogs; and yet other dogs have been abandoned. The legislature further finds that for dogs with owners, these owners should clearly be held responsible for the aggressive actions of their dogs that harm persons or other animals.
Therefore, the purpose of this Act is to:
(1) Define what constitutes a dangerous dog; and
(2) Establish penalties for owners of dangerous dogs.
SECTION 2. Chapter 142, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . DANGEROUS DOGS
§142-A Definitions. As used in this part, unless the context clearly indicates or requires a different meaning:
"Animal control authority" means a county agency that enforces animal laws.
"Bite injury" means any contact between an animal's mouth and teeth and the skin of a bite victim that causes visible trauma, such as a puncture wound, laceration, or other piercing of the skin.
"Bodily injury” has the same meaning as in section 707-700.
"Dangerous dog" means any dog that, without provocation, causes a bite injury to a person or another animal. A dog's breed shall not be considered in determining whether it is dangerous.
"Escape-proof kennel" means a kennel:
(1) That allows a dog to stand normally and without restriction, is at least two and one-half times the length of the dog, and protects the dog from the elements;
(2) Whose fencing or wall materials shall have no openings or gaps that exceed two inches; and
(3) Whose gates, if any, shall be lockable and of such design as to prevent the entry of children or the escape of the dog.
"Intentionally" has the same meaning as set forth in section 702-206(1).
"Knowingly" has the same meaning as set forth in section 702-206(2).
"Microchip" has the same meaning as in section 143-1.
"Negligently" has the same meaning as set forth in section 702-206(4).
"Officer" has the same meaning as in section 143-1.
"Owner" means any person owning, harboring, or keeping a dog; provided that, if the owner is a minor under the age of eighteen years, the parents, guardian, or another person having the care, custody, or control of the minor shall be rebuttably presumed to be the owner.
The person whose current contact information is registered with a microchip registration company shall rebuttably be presumed to be the owner of the dog for purposes of this part.
"Provocation" means behavior that precipitates a bite injury caused by a dog under the following circumstances:
(1) The dog was protecting or defending its owner or a member of its owner's household from an attack or assault;
(2) The person bitten was committing a crime or offense while on the property of the owner of the dog;
(3) The person bitten was teasing, tormenting, abusing, or assaulting the dog or at any time in the past had teased, tormented, abused, or assaulted the dog;
(4) The dog was attacked or menaced by an animal, or the animal was on the property of the owner of the dog;
(5) The dog was responding to pain or injury inflicted by the bitten person or animal;
(6) The dog was protecting itself, its kennel, or its offspring from the bitten person or animal; or
(7) The bitten person or animal was disturbing the dog's natural functions, such as sleeping or eating, while the dog was on its owner's property.
"Recklessly" has the same meaning as set forth in section 702-206(3).
"Substantial bodily injury" has the same meaning as defined in section 707-700.
"Substantial injury to any animal" means physical injury to an animal involving a broken bone, a concussion, a laceration requiring multiple stitches, or a tearing or rupture of an organ.
§142-B Designation as dangerous dog; basis. (a) An officer may find and declare a dog to be a dangerous dog if the officer has probable cause to believe that the dog falls within the definition of "dangerous dog". The declaration shall be based upon:
(1) The written complaint of a person who is willing to testify that the dog has acted in a manner that causes it to fall within the definition of "dangerous dog";
(2) Actions of the dog witnessed by an officer; or
(3) Other substantial evidence admissible in court.
(b) The declaration in subsection (a) shall be in writing and shall be served by the officer upon the owner of the dangerous dog, if known, using one of the following methods:
(1) Certified mail to the owner's last known address; or
(2) Personally.
(c) The owner of a dog declared to be a dangerous dog may initiate a contested case with the declarant officer's department or agency within thirty days following the service date of the declaration.
§142-C Legal requirements of owner. (a) The owner of a dog declared to be a dangerous dog shall:
(1) Provide the owner's name, address, and telephone number to the animal control authority;
(2) Provide the location at which the dangerous dog is currently kept, if such location is not the owner's address;
(3) Promptly notify the animal control authority of:
(A) Any changes in the ownership of the dangerous dog or the location of the dangerous dog, along with the names, addresses, and telephone numbers of the new owners or the new address at which the dangerous dog is located;
(B) Any further instances of an attack by the dangerous dog upon a person or an animal;
(C) Any current or future claims made or legal actions brought as a result of an attack by the dangerous dog upon a person or an animal; or
(D) The death of the dangerous dog;
(4) Microchip the dangerous dog and register the owner's microchip information pursuant to section 143-2.2; provided that the microchip identification number of the dangerous dog shall be provided to the animal control authority;
(5) Ensure that the dangerous dog is under the control of a person who is at least eighteen years of age, when the dangerous dog is indoors at the owner's premises;
(6) Ensure that when the dangerous dog is outdoors on the owner's premises and unattended, the dangerous dog is confined to an escape-proof kennel and that the locks of the kennel remain locked;
(7) Ensure that when the dangerous dog is outside on the owner's premises and attended, the dangerous dog is kept on a fixed and secure leash no longer than four feet in length, under the control of a person at least eighteen years of age, and kept within a fenced or walled area from which it cannot escape;
(8) Ensure that when the dangerous dog is outdoors outside the owner's premises, the dangerous dog shall be kept on a fixed and secure leash no longer than four feet in length, under the control of a person who is at least eighteen years of age, and muzzled with a properly fitted basket muzzle that prevents the dangerous dog from biting any person or animal but does not cause injury to the dangerous dog or interfere with its vision or respiration;
(9) Place a sign or signs provided by the animal control authority on the owner's premises informing the public of the presence and dangerousness of the dangerous dog; and
(10) Neuter or spay the dangerous dog at the owner's expense, unless the neutering or spaying of the dangerous dog is medically contraindicated.
(b) The owner of a dangerous dog who keeps the dangerous dog in a manner found to be in violation of this section commits the offense of negligent failure to control a dangerous dog and the dangerous dog shall be subject to seizure and impoundment pursuant to this part if the owner is unable to immediately secure the dangerous dog.
§142-D Rescission of declaration. (a) The owner of a dangerous dog may apply to the animal control authority to have the declaration rescinded after three years if all of the following requirements have been met:
(1) The owner and dangerous dog have no subsequent violations of this part;
(2) The owner has complied with all the provisions of this part for a period of three years; and
(3) The owner provides proof to the animal control authority of the dangerous dog's successful completion of a behavior modification or management program administered by an animal trainer or behaviorist certified by a nationally recognized organization.
(b) If the animal control authority finds that the owner and dangerous dog have complied with all of the requirements of this section and the owner has provided sufficient evidence that the dangerous dog's behavior has changed, the animal control authority shall rescind the declaration.
§142-E Negligent failure to control a dangerous dog; penalties. (a) An owner of a dangerous dog commits the offense of negligent failure to control a dangerous dog, if:
(1) A bite injury occurs due to the failure of an owner of a dangerous dog to comply with the requirements of this part; or
(2) An owner of a dangerous dog negligently fails to take reasonable measures to prevent the dangerous dog from causing a bite injury, without provocation, to a person or another animal and the attack results in:
(A) The maiming or causing of substantial injury to any animal or the death of another animal;
(B) Bodily injury to a person other than the owner; or
(C) Substantial bodily injury to or the death of a person other than the owner.
(b) An offense under subsection (a)(1) or subsection (a)(2)(A) or (B) is a misdemeanor and shall subject the owner of the dangerous dog, without the possibility of suspension of the sentence, to:
(1) A fine of not less than $1,000 and not more than $2,000;
(2) A term of imprisonment of up to six months, or in lieu of imprisonment, a period of probation of not more than one year;
(3) Restitution to any individual who has suffered bodily injury or property damage as a result of an attack by the dangerous dog if the individual suffers financial losses or medical expenses due to the attack. As used in this paragraph, "medical expenses" may include the costs of necessary counseling or rehabilitative services; and
(4) Payment of all expenses for the boarding and retention of the dangerous dog if it is seized and impounded pursuant to this part.
(c) Unless the dangerous dog has been or is ordered to be euthanized, the owner of the dangerous dog shall also be required to:
(1) Meet all of the conditions imposed on an owner of a dangerous dog pursuant to this part;
(2) Obtain liability insurance or post bond of not less than $50,000, or in a higher amount, if the court finds that a higher amount is appropriate to cover medical or veterinary costs, or both, resulting from potential future actions of the dangerous dog; and
(3) Follow any other condition that the court deems necessary to restrain or control the dangerous dog.
(d) An offense under subsection (a)(2)(C) is a class C felony and shall subject the owner of a dangerous dog, without the possibility of suspension of the sentence, to:
(1) A fine of not less than $1,000 and not more than $10,000;
(2) A term of imprisonment of not less than one year and not more than five years, pursuant to chapter 706; and
(3) Euthanasia of the dangerous dog.
§142-F Impoundment of a dangerous dog. (a) If there is probable cause to believe that a dangerous dog has been involved in a violation of section 142-E, negligent failure to control a dangerous dog, or if a dangerous dog poses an imminent threat of bodily injury to a person or another animal; a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the dangerous dog is located to seize and impound the dog. If, after reasonable effort, the owner or person having custody of the dangerous dog cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after the posting, the notice shall be sent by certified mail to the address, if any, from which the dangerous dog was removed.
A law enforcement officer is not liable for any damage resulting from an entry under this subsection, unless the damage was caused by acts beyond the scope of the officer's authority, or the officer's negligence, gross negligence, or intentional misconduct.
(b) The owner of a dangerous dog that has been impounded under this section may decline to surrender ownership of the dangerous dog to the animal control authority by paying for impoundment, care, and provision costs with the animal control authority in an amount, determined by the animal control authority, to be sufficient to provide for the dangerous dog's care by the animal control authority for at least thirty days, including the day on which the animal was taken into custody.
(c) If the owner of a dangerous dog that has been impounded under this section cannot be located within five days after the dangerous dog is impounded, ownership of the dangerous dog shall be deemed relinquished.
(d) At the dangerous dog owner's request, impoundment under this section may occur at the premises of a licensed veterinarian or a commercial kennel of the dangerous dog owner's choosing; provided that:
(1) The owner shall secure the private boarding placement for the dangerous dog within five days after the dangerous dog has been impounded by the animal control authority; and
(2) All expenses for the boarding and care of the dangerous dog shall be borne by the owner of the dangerous dog.
(e) If the owner of the dangerous dog does not arrange for private boarding placement, the following requirements shall apply:
(1) The owner of the dangerous dog shall pay the animal control authority within five days after the dangerous dog is impounded;
(2) At the end of the time for which expenses are covered by an initial or any subsequent impoundment, care, and provision payment:
(A) If the owner of the dangerous dog declines to surrender ownership of the dangerous dog to the animal control authority, the owner shall make an additional payment to the animal control authority at least five days before the expiration of the previous payment; or
(B) If the owner of the dangerous dog has not made an additional payment in a timely manner to the animal control authority for impoundment, care, and provision costs for the dangerous dog, ownership of the dangerous dog shall be deemed relinquished.
(f) A dangerous dog owner's failure to pay impoundment, care, and provision costs for the dangerous dog pursuant to this section shall result in forfeiture of the dangerous dog owner's right to contest those costs and any ownership rights to the dangerous dog.
(g) Any dangerous dog that is unclaimed by its owner within five days after the owner has been notified that the dangerous dog is eligible for release from impoundment shall be deemed abandoned, and ownership of the dangerous dog shall be deemed relinquished.
(h) If an animal control authority that is impounding a dangerous dog pursuant to this section determines that the dangerous dog is too dangerous for its staff to safely provide basic care, the dangerous dog may be euthanized by the animal control authority.
(i) If a licensed veterinarian determines that an impounded dangerous dog is:
(1) Experiencing extreme pain or suffering;
(2) Severely injured past recovery;
(3) Severely disabled past recovery; or
(4) Severely diseased past recovery,
the dangerous dog may be euthanized by the animal control authority.
(j) An owner of a dangerous dog shall not sell or transfer the ownership or physical custody of the dangerous dog prior to the time stated in the court summons, and the citation shall notify the owner of this prohibition; provided that this prohibition shall not apply when an owner transfers ownership of the dangerous dog to an animal control authority.
(k) Any person who refuses to surrender a dangerous dog that is subject to relinquishment pursuant to this section shall be guilty of a petty misdemeanor.
If the owner of a dangerous dog seized and impounded pursuant to this section fails to appear in court as required, ownership of the dangerous dog shall be deemed relinquished, and the court may order disposition of the dangerous dog as it deems appropriate.
(l) Notwithstanding any relinquishment of ownership of the dangerous dog pursuant to subsection (c), (e), or (g) or voluntary relinquishment of ownership of the dangerous dog, the owner shall remain responsible for all expenses incurred in boarding, caring for, and providing for the dangerous dog and any fees and penalties that may be imposed by the court.
§142-G Inspection. Upon presentation of proper credentials, any officer may enter at reasonable times any building, structure, or premises in the State for the purpose of determining and enforcing compliance with this part or of any court order issued under this part; provided that the entry shall be made in a manner that causes the least possible inconvenience to the person in possession or occupying the building, structure, or premises; provided further that a court order authorizing the entry shall be obtained if entry is denied or resisted.
§142-H Exemption. This part shall not apply to dogs owned by any law enforcement agency and used in the performance of law enforcement work.
§142-I Civil action not precluded. Nothing in this part shall preclude any person injured by a dangerous dog from bringing a civil action against the owner of the dangerous dog pursuant to law."
SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
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. This Act shall take effect on January 1, 2025.
Report Title:
Owners of Dangerous Dogs; Requirements and Penalties
Description:
Establishes requirements and penalties for owners of dangerous dogs. Allows for impounding of dangerous dogs under certain conditions. Takes effect 1/1/2025. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
