REPORT TITLE:
Dog attacks


DESCRIPTION:
Includes dogs in the definition of "dangerous instrument" under
Chapter 707, Hawaii Revised Statutes, and includes a new offense
for dog attacks.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2240
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DOGS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read
 
 3 as follows:
 
 4                       "PART  .  DOG ATTACKS
 
 5      §707-  Definitions.  For the purpose of this part:
 
 6       "Attack" means aggressive physical contact with a person
 
 7 initiated by a dog.  Aggressive physical contact initiated by a
 
 8 dog includes but is not limited to the dog jumping on, leaping
 
 9 at, or biting a person.
 
10      "Owner" includes any person owning, harboring, or keeping a
 
11 dog.  If the owner of the dog is a minor under the age of
 
12 eighteen years, the parent, guardian, or other person having the
 
13 care, custody, or control of the minor shall be irrebuttably
 
14 presumed to be the owner.  The person to whom the dog license is
 
15 issued pursuant to section 143-2 shall be presumed to be the
 
16 owner of the dog for purposes of this section. 
 
17      "Provocation" means the attack or imminently threatening
 
18 behavior by a dog upon a person was precipitated by the following
 
19 circumstances:
 

 
Page 2                                                     2240
                                     H.B. NO.           
                                                        
                                                        

 
 1      (1)  The dog was protecting or defending its owner or a
 
 2           member of the owner's household from an attack or
 
 3           assault;
 
 4      (2)  The person attacked or imminently threatened was
 
 5           committing a crime or offense while on the property of
 
 6           the owner of the dog;
 
 7      (3)  The person attacked or imminently threatened was
 
 8           teasing, tormenting, abusing, or assaulting the dog or
 
 9           at any time in the past had teased, tormented, abused,
 
10           or assaulted the dog;
 
11      (4)  The dog was responding to pain or injury inflicted as a
 
12           result of being attacked or imminently threatened by a
 
13           person;
 
14      (5)  The dog was protecting itself, its kennel, or its
 
15           offspring from an attack or threat by a person; and 
 
16      (6)  The person attacked was disturbing the dog's natural
 
17           functions, such as sleeping or eating, while the dog
 
18           was on its owner's property.
 
19      §707-  Dog attack; misdemeanor penalties.(1)  An owner who
 
20 intentionally, knowingly, or recklessly permits the owner's dog
 
21 to attack a person without provocation shall be guilty of a
 
22 misdemeanor.
 
23      (2)  An owner who negligently permits the owner's dog to
 
24 attack a person without provocation shall be guilty of a petty
 
25 misdemeanor. 
 

 
Page 3                                                     2240
                                     H.B. NO.           
                                                        
                                                        

 
 1      §707-  Dog attack; felony. An owner who has previously been
 
 2 convicted of a misdemeanor violation under section 707-  and
 
 3 whose dog subsequently attacks and causes the death of a person
 
 4 without provocation shall be guilty of a class C felony."
 
 5      SECTION 2.  Section 707-700, Hawaii Revised Statutes, is
 
 6 amended by amending the definition of "dangerous instrument" to
 
 7 read as follows:
 
 8      ""Dangerous instrument" means any firearm, whether loaded or
 
 9 not, and whether operable or not, or other weapon, device,
 
10 instrument, material, dog,  or substance, whether animate or
 
11 inanimate, which in the manner it is used or is intended to be
 
12 used is known to be capable of producing death or serious bodily
 
13 injury."  
 
14      SECTION 3.  New statutory material is underscored.  
 
15      SECTION 4.  This Act shall take effect upon its approval.
 
16 
 
17                       INTRODUCED BY:  ___________________________