Hawaii 2025 Regular Session

Hawaii House Bill HB634 Compare Versions

Only one version of the bill is available at this time.

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1	1	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:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 634
4	4	THIRTY-THIRD LEGISLATURE, 2025
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	634
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO DANGEROUS DOGS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	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: _____________________________
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49	49	SECTION 1. Section 711-1144, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"[[]§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:
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53	53	(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
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55	55	(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:
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57	57	(A) The serious injury to any animal or maiming or death of another animal;
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59	59	(B) Bodily injury to a person other than the owner; [or]
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61	61	(C) Substantial bodily injury to[, serious bodily injury to, or the death of,] a person other than the owner[.]; or
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63	63	(D) Serious bodily injury to, or the death of, a person other than the owner.
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65	65	(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:
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67	67	(1) A fine of no less than $1,000 but no more than $2,000;
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69	69	(2) A term of imprisonment of up to six months or a period of probation of no more than one year;
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71	71	(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
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73	73	(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;
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75	75	provided that no sentence under this subsection shall be suspended.
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77	77	(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:
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79	79	(1) Meet all conditions imposed on the owner of a dangerous dog pursuant to this part;
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81	81	(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
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83	83	(3) Follow any other condition that the court deems necessary to restrain or control the dangerous dog.
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85	85	(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:
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87	87	(1) A fine of no less than $1,000 but no more than $10,000;
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89	89	(2) A term of imprisonment of no less than one year but no more than five years, pursuant to chapter 706; and
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91	91	(3) The euthanasia of the dangerous dog;
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93	93	provided that no sentence under this subsection shall be suspended.
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95	95	(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:
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97	97	(1) A fine of no less than $ but no more than $25,000;
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99	99	(2) A term of imprisonment of no less than but no more than ten years, pursuant to chapter 706; and
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101	101	(3) The euthanasia of the dangerous dog;
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103	103	provided that no sentence under this subsection shall be suspended.
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105	105	(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:
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107	107	(1) A fine of no less than $ but no more than $50,000;
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109	109	(2) A term of imprisonment of no less than but no more than twenty years, pursuant to chapter 706; and
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111	111	(3) The euthanasia of the dangerous dog;
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113	113	provided that no sentence under this subsection shall be suspended."
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115	115	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.
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117	117	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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119	119	SECTION 4. This Act shall take effect upon its approval.
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123	123	INTRODUCED BY: _____________________________
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125	125	INTRODUCED BY:
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127	127	_____________________________
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133	133	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.
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139	139	Report Title:
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141	141	Penal Code; Dangerous Dogs; Negligence; Injuries; Penalties
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145	145	Description:
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147	147	Increase penalties for bodily injuries to humans caused by unprovoked dangerous bog bites resulting from dog owner negligence.
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155	155	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.