HOUSE OF REPRESENTATIVES |
H.B. NO. |
634 |
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
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. Section 711-1144, Hawaii Revised Statutes, is amended to read as follows:
"[[]§711-1144[]] Negligent
failure to control a dangerous dog; penalties. (a) The 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 the owner of a dangerous dog to comply with the requirements of this part; or
(2) The 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 serious injury to any animal or maiming or death of another animal;
(B) Bodily
injury to a person other than the owner; [or]
(C) Substantial bodily injury to[, serious
bodily injury to, or the death of,] a person other than the owner[.];
or
(D) Serious bodily injury to, or the death of,
a person other than the owner.
(b) An offense under subsection (a)(1)[,] or
(a)(2)(A)[, or (a)(2)(B)] shall be a misdemeanor for which the owner of
the dangerous dog shall be sentenced to:
(1) A fine of no less than $1,000 but no more than $2,000;
(2) A term of imprisonment of up to six months or a period of probation of no more than one year;
(3) The payment of restitution to any person who has suffered bodily injury or property damage as a result of an attack by the dangerous dog if the person 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) The payment of all expenses for the boarding and retention of the dangerous dog if the dog is seized and impounded pursuant to this part;
provided
that no sentence under this subsection shall be suspended.
(c)
Unless the dangerous dog has been or is ordered to be euthanized, an
owner who has negligently failed to control a dangerous dog shall also be
required to:
(1) Meet all conditions imposed on the owner of a dangerous dog pursuant to this part;
(2) Obtain liability insurance or post bond of no 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)] (a)(2)(B) shall be
a class C felony for which the owner of a dangerous dog shall be sentenced to:
(1) A fine of no less than $1,000 but no more than $10,000;
(2) A term of imprisonment of no less than one year but no more than five years, pursuant to chapter 706; and
(3) The euthanasia of the dangerous dog;
provided
that no sentence under this subsection shall be suspended.
(e)
An offense under subsection (a)(2)(C) shall be a class B felony for
which the owner of a dangerous dog shall be sentenced to:
(1) A fine of no less than $ but no more than $25,000;
(2) A term of imprisonment of no less than but no more than ten years, pursuant to chapter 706; and
(3) The euthanasia of the dangerous dog;
provided that no sentence under this subsection
shall be suspended.
(f)
An offense under subsection (a)(2)(D) shall be a class A felony for
which the owner of a dangerous dog shall be sentenced to:
(1) A fine of no less than $ but no more than $50,000;
(2) A term of imprisonment of no less than but no more than twenty years, pursuant to chapter 706; and
(3) The euthanasia of the dangerous dog;
provided that no sentence under this subsection shall be suspended."
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: |
_____________________________ |
|
|
Report Title:
Penal Code; Dangerous Dogs; Negligence; Injuries; Penalties
Description:
Increase penalties for bodily injuries to humans caused by unprovoked dangerous bog bites resulting from dog owner negligence.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.