Owners of vicious dogs that cause serious injury or death would face felony charges instead of petty misdemeanors under proposed legislation.
According to Senate
Bill 2692, Hawaii struggles with loose dogs that behave aggressively, including feral and abandoned dogs, and dog owners who fail to manage their dogs.
Dogs that cause serious injury or death could cost their owners fines up to $10,000, imprisonment for up to five years and euthanasia of the dog. The bill also calls for misdemeanor penalties of fines ranging from $1,000 to $2,000, along with restitution or payment for boarding for any
dog seized.
Sylvia Dolena, co-founder of Hawaii island’s Aloha Animal Advocates, testified before the Senate Judiciary Committee on Tuesday that dog attacks have increased on Hawaii island: 107 in 2020; 185 in 2021; 231 in 2022; and 279 in 2023.
Dolena said that she
reviewed over 100 dog attacks and 60% of the victims did not report to law
enforcement.
“The main reason was
because people felt that nothing would be done because the laws were not strong enough,” Dolena said.
She hopes increased penalties in SB 2692 prompt better supervision of dogs by their owners.
Hawaii County Prosecuting Attorney Kelden Waltjen testified in support of the bill both on behalf of his office and as an individual whose aunt was killed by her neighbor’s dogs. Waltjen told the committee that in August 2021 his two uncles also suffered “serious injuries” during the attack.
“The bill is a step in the right direction to address growing concerns surrounding dangerous-dog attacks, holding irresponsible
owners accountable and protecting people in our community,” he said.
The Hawaii County Council in April 2022 passed Bill 125 in an attempt to create felony-level penalties for dog attacks.
“Unfortunately, the code is preempted by existing state law,” Waltjen said. “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 law with what she called Hawaii County’s “comprehensive and widely supported”
ordinance.
Matson, a Hawaii island resident, traveled to the Capitol on Tuesday to testify in support of SB 2692 after her father was killed by four 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 said.
Teresa Tico, a Kauai resident, also testified before the committee Tuesday after being attacked by a pit bull in July 2023.
The pitbull owner was only charged months later with leash-law and dangerous-dog violations, she said.
In written testimony, Tico said she is a private attorney who is currently representing four dog-bite victims.
One client, Tico wrote, “suffered 47 bite wounds and nearly bled to death.”
Tico wants the Legislature to hold owners of
dangerous dogs more
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 community engagement at the Hawaiian Humane Society, testified in support of SB 2692, stating that the bill would
elevate the response to dangerous-dog issues from county ordinances to the state level.
“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 said.
She said that the bill provides clear guidelines, standardizes state rules and mandates prepaid boarding and surrendering impounded dogs, among other new requirements.
Mililani resident Cecily Williams adopted a pit bull mix from the Hawaiian Humane Society in February last year, which then bit a woman’s knee in September.
“My garage door was open, I get it, I get it,” she told 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 bite resulted in five court dates and told the Star-Advertiser that she “doesn’t deserve to be in this place.”
In her testimony, Williams wrote that she
enrolled her dog 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 is now “trained and very well-behaved.”
She wrote that she had initially trained her dog herself after rescuing it, even though it seemed like 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 told the Star-
Advertiser that the Humane Society should be more responsible 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 said. “Do I deserve to have these charges put against me?”
She said she was drawn to adopt her dog when the Humane Society advertised it as a “calm and good dog” on its name 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 said.
Williams said that since the attack, she has put in the work and money to be responsible for her dog’s actions to ensure that it doesn’t happen again.