THE SENATE	S.B. NO.	1289
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

relating to dog bites.

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

     SECTION 1.  Section 142-75, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Whenever a dog has bitten a human being on at least [two separate occasions] one occasion for which none of the exceptions specified in section 663-9.1 apply, any person may bring an action against the owner of the dog in the district court of the judicial circuit in which the owner resides, to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the [bites] bite have been changed so as to remove the danger to other persons presented by such animal.  The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including but not limited to the removal of the animal from the area or its destruction by its owner.  In making its decision, the court may consider:

     (1)  The vicious or dangerous propensities of the animal;

     (2)  The ability of the owner to adequately confine or remove the animal; and

     (3)  The necessity of any destruction of an animal in light of the health, safety, and welfare of the community.

This section shall not preclude any existing common law remedies."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Dog Bites; Action Against Owner

Description:

Allows a person bitten by a dog to bring action against the dog owner after one bite.

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