REPORT TITLE:
Assault; Use of Dangerous Dogs


DESCRIPTION:
Provides criminal penalties for a person who permits his or her
dangerous dog to commit an assault against another person. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2441
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO DANGEROUS DOGS.



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

 1      SECTION 1.  The legislature finds that potentially dangerous
 
 2 and vicious dogs have become a serious and widespread threat to
 
 3 the safety and welfare of citizens of this State.  In recent
 
 4 years, they have assaulted without provocation and have seriously
 
 5 injured numerous individuals, especially children, and have
 
 6 killed other domesticated animals.  Many of these attacks have
 
 7 occurred in public places.  The legislature further finds that
 
 8 the number and severity of these attacks are attributable to the
 
 9 failure of owners to register, confine, and properly control
 
10 potentially dangerous and vicious dogs.
 
11      SECTION 2.  Chapter 707, Hawaii Revised Statutes, is amended
 
12 by adding a new part to be appropriately designated and to read
 
13 as follows:
 
14                       "PART  .  DOG ATTACKS
 
15      §707-A  Definitions.  For the purpose of this part:
 
16       "Attack" means aggressive physical contact with a person
 
17 initiated by a dog.  Aggressive physical contact initiated by a
 
18 dog includes but is not limited to the dog jumping on, leaping
 
19 at, or biting a person.
 
20      "Owner" includes any person owning, harboring, or keeping a
 

 
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 1 dog.  If the owner of the dog is a minor under the age of
 
 2 eighteen years, the parent, guardian, or other person having the
 
 3 care, custody, or control of the minor shall be irrebuttably
 
 4 presumed to be the owner.  The person to whom the dog license is
 
 5 issued pursuant to section 143-2 shall be presumed to be the
 
 6 owner of the dog for purposes of this section. 
 
 7      "Without provocation" means the attack or imminently
 
 8 threatening behavior by a dog upon a person was not precipitated
 
 9 by any of the following circumstances:
 
10      (1)  The dog was protecting or defending its owner or a
 
11           member of the owner's household from an attack or
 
12           assault;
 
13      (2)  The person attacked or imminently threatened was
 
14           committing a crime or offense while on the property of
 
15           the owner of the dog;
 
16      (3)  The person attacked or imminently threatened was
 
17           teasing, tormenting, abusing, or assaulting the dog or
 
18           at any time in the past had teased, tormented, abused,
 
19           or assaulted the dog;
 
20      (4)  The dog was responding to pain or injury inflicted as a
 
21           result of being attacked or imminently threatened by a
 
22           person;
 
23      (5)  The dog was protecting itself, its kennel, or its
 

 
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 1           offspring from an attack or threat by a person; or
 
 2      (6)  The person attacked was disturbing the dog's natural
 
 3           functions, such as sleeping or eating, while the dog
 
 4           was on its owner's property.
 
 5      §707-B  Permitting a dog attack in the first degree.(1)  A
 
 6 person commits the offense of permitting a dog attack in the
 
 7 first degree when the person is the owner of a dog and
 
 8 intentionally, knowingly, or recklessly permits the owner's dog
 
 9 to attack a person without provocation, causing bodily injury to
 
10 the person.
 
11      (2)  Permitting a dog attack in the first degree is a
 
12 misdemeanor.
 
13      §707-C  Permitting a dog attack in the second degree.(1)
 
14 A person commits the offense of permitting a dog attack in the
 
15 second degree when the person is the owner of a dog and
 
16 negligently permits the owner's dog to attack a person without
 
17 provocation, causing bodily injury to the person.
 
18      (2)  Permitting a dog attack in the second degree is a petty
 
19 misdemeanor.
 
20      §707-D  Permitting a severe dog attack. (1)  A person
 
21 commits the offense of permitting a severe dog attack when: 
 
22      (a)  The person has previously been convicted of or entered
 
23           a deferred plea of guilty or no contest to the offense
 

 
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 1           of permitting a dog attack in the first degree;
 
 2      (b)  The person is the owner of a dog; and
 
 3      (c)  The owner intentionally, knowingly, or recklessly
 
 4           permits the owners dog to attack a person without
 
 5           provocation, causing serious bodily injury or death to
 
 6           the person.
 
 7      (2)  Permitting a severe dog attack is a class C felony."
 
 8      SECTION 3.  In codifying the new sections added by section 1
 
 9 of this Act, the revisor of statutes shall substitute appropriate
 
10 section numbers for the letters used in designating the new
 
11 sections in this Act.
 
12      SECTION 4.  This Act does not affect rights and duties that
 
13 matured, penalties that were incurred, and proceedings that were
 
14 begun, before its effective date.
 
15      SECTION 5.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 6.  This Act shall take effect upon its approval.