Bill Text: HI HB1490 | 2012 | Regular Session | Introduced
Bill Title: Animals; Human Bitten by Dog; Action Against Owner
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1490 Detail]
Download: Hawaii-2012-HB1490-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1490 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 142-75, Hawaii Revised Statutes, is amended to read as follows:
"§142-75 Human bitten by dog; duty of dog owners; action against owner. (a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident.
(b) [Whenever] Except as provided in
subsection (c), whenever a dog has bitten a human being on at least two
separate occasions 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 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.]
(c) Whenever a dog has bitten a human being, resulting in serious bodily injury or death, and 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, for an order for the destruction of the animal by its owner. In making its decision, the court may consider:
(1) The vicious or dangerous propensities of the animal; and
(2) The necessity to destroy the animal in light of the health, safety, and welfare of the community.
(d) This section shall not preclude any existing common law remedies.
[(c)] (e) Each county may enact
and enforce ordinances regulating persons who own, harbor, or keep any dog that
has bitten, injured, or maimed a person. No ordinance enacted under this
subsection shall be held invalid on the ground that it covers any subject or
matter embraced within any statute or rule of the State; provided that the
ordinance shall not affect the civil liability of a person owning, harboring,
or keeping the dog. Upon enactment of an ordinance, whether enacted on,
before, or after June 30, 2001, the ordinance shall have full force and effect;
provided that the ordinance is consistent with this section."
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.
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INTRODUCED BY: |
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Report Title:
Animals; Human Bitten by Dog; Action Against Owner
Description:
Provides that whenever a dog bites a human being, resulting in serious bodily injury or death, an action may be brought against the dog's owner for an order to destroy the animal.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
