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Owners of vicious dogs that trigger critical harm or loss of life would face felony prices as a substitute of petty misdemeanors beneath proposed laws.
According to Senate
Bill 2692, Hawaii struggles with unfastened dogs that behave aggressively, together with feral and deserted dogs, and canine house owners who fail to handle their dogs.
Dogs that trigger critical harm or loss of life may cost their house owners fines as much as $10,000, imprisonment for as much as 5 years and euthanasia of the canine. The invoice additionally requires misdemeanor penalties of fines starting from $1,000 to $2,000, together with restitution or cost for boarding for any
canine seized.
Sylvia Dolena, co-founder of Hawaii island’s Aloha Animal Advocates, testified earlier than the Senate Judiciary Committee on Tuesday that canine assaults have elevated on Hawaii island: 107 in 2020; 185 in 2021; 231 in 2022; and 279 in 2023.
Dolena mentioned that she
reviewed over 100 canine assaults and 60% of the victims didn’t report back to legislation
enforcement.
“The most important motive was
as a result of folks felt that nothing could be executed as a result of the legal guidelines weren’t robust sufficient,” Dolena mentioned.
She hopes elevated penalties in SB 2692 immediate higher supervision of dogs by their house owners.
Hawaii County Prosecuting Attorney Kelden Waltjen testified in help of the invoice each on behalf of his workplace and as an individual whose aunt was killed by her neighbor’s dogs. Waltjen informed the committee that in August 2021 his two uncles additionally suffered “serious injuries” throughout the attack.
“The invoice is a step in the proper path to handle rising considerations surrounding dangerous-dog assaults, holding irresponsible
house owners accountable and defending folks in our neighborhood,” he mentioned.
The Hawaii County Council in April 2022 handed Bill 125 in an try and create felony-level penalties for canine assaults.
“Unfortunately, the code is preempted by existing state law,” Waltjen mentioned. “As a result, this time under our current county code, the more serious penalty relating to a dog attack resulting in a death or a serious bodily injury is a petty misdemeanor.”
Shannon Matson wrote in testimony that SB 2692 would align state legislation with what she referred to as Hawaii County’s “comprehensive and widely supported”
ordinance.
Matson, a Hawaii island resident, traveled to the Capitol on Tuesday to testify in help of SB 2692 after her father was killed by 4 dogs on the Big
Island.
“I think that the potential criminal penalties are too low when compared to similar crimes, resulting in the death of another human, such as vehicular manslaughter,” Matson mentioned.
Teresa Tico, a Kauai resident, additionally testified earlier than the committee Tuesday after being attacked by a pit bull in July 2023.
The pitbull proprietor was solely charged months later with leash-law and dangerous-dog violations, she mentioned.
In written testimony, Tico mentioned she is a non-public lawyer who’s at present representing 4 dog-bite victims.
One consumer, Tico wrote, “suffered 47 bite wounds and nearly bled to death.”
Tico needs the Legislature to carry house owners of
harmful dogs extra
accountable.
“Bottom line, we need a State criminal statute allowing for Class B felony charges to be brought against the owner of a dog that inflicts serious injury or death upon a person,” Tico wrote.
Stephanie Kendrick,
director of neighborhood engagement on the Hawaiian Humane Society, testified in help of SB 2692, stating that the invoice would
elevate the response to dangerous-dog points from county ordinances to the state degree.
“While local control makes sense for a lot of issues, it has its limitations when it comes to these offenses,” Kendrick wrote. “While public safety is the primary goal of this measure, its provisions also take a strong stand for animal welfare,” Kendrick mentioned.
She mentioned that the invoice gives clear tips, standardizes state guidelines and mandates pay as you go boarding and surrendering impounded dogs, amongst different new necessities.
Mililani resident Cecily Williams adopted a pit bull combine from the Hawaiian Humane Society in February final 12 months, which then bit a girl’s knee in September.
“My garage door was open, I get it, I get it,” she informed the Honolulu Star-Advertiser on Tuesday after submitting written testimony opposing SB 2692. “She went out into the street and bit a lady, unprovoked, I get it.”
Williams wrote that the chew resulted in 5 court docket dates and informed the Star-Advertiser that she “doesn’t deserve to be in this place.”
In her testimony, Williams wrote that she
enrolled her canine in a “two-week extensive course of hands-on training at the dog trainer’s house, for a pretty price of $2,600,” and it’s now “trained and very well-behaved.”
She wrote that she had initially skilled her canine herself after rescuing it, regardless that it appeared prefer it was already “somewhat trained.”
She wrote, “I couldn’t believe my ears that I was served by the State of Hawaii for a DANGEROUS DOG ATTACK. CRAZY that this is the same rescued dog that the Hawaiian Humane Society deemed safe to go home with me!!”
Williams informed the Star-
Advertiser that the Humane Society must be extra answerable for the dogs it makes available for adoption.
“Seriously, higher or tougher sentencing? That’s unfair. I got the dog from the Humane Society. Where’s the fairness in that? They told me she was safe to take home,” Williams mentioned. “Do I deserve to have these charges put against me?”
She mentioned she was drawn to undertake her canine when the Humane Society marketed it as a “calm and good dog” on its identify board.
“Out of the goodness of my heart, I provided a home for a pit bull mix from the Humane Society and now I’m going to court,” Williams mentioned.
Williams mentioned that because the attack, she has put within the work and money to be answerable for her canine’s actions to make sure that it doesn’t occur once more.