Hawai’i: Problematic Dangerous Dog Bill Up for Committee Hearing Feb. 24, Contact Your Lawmakers
Published: Feb 21, 2024 | 3 Minutes
On Tuesday, February 27, 2024 the Hawai’i Senate Judiciary Committee is scheduled to consider Senate Bill 2692, which seeks to significantly expand the state’s dangerous dog law. As with its companion bill (HB 2058), the American Kennel Club’s (AKC) concerns include:
Proposed enforcement processes do not provide appropriate opportunities for an owner to appeal a declaration of their dog as dangerous,
Spay/neuter requirements as an automatic operation of law,
Automatic forfeiture of ownership if an owner is unable to pay for care costs.
Hawai’i residents are urged to contact the committee members to request the bill be amended to ensure due process protections are included.
Summary
If enacted as introduced, SB 2692 would establish:
A new breed-neutral definition of “dangerous dog”: “as any dog that, without provocation, causes a bite injury to a person or other animal. A dog’s breed shall not be considered in determining whether it is dangerous.”
Other definitions impacting enforcement, including of bite injury, bodily injury, escape-proof kennel, owner, provocation, and serious bodily injury.
The process by which an officer with probable cause may declare a dog to be dangerous.
Legal requirements of an owner of a dangerous dog, including spaying or neutering unless medically contraindicated.
A process for the rescission of the dangerous dog declaration.
A new criminal offense for the negligent failure to control a dangerous dog.
Grounds for the impoundment of a dangerous dog, and requirements for its owner to pay for impoundment, care, and provision costs.
Automatic forfeiture if an owner is unable to pay assessed costs.
AKC Supports Due Process Protections for Dog Owners
The American Kennel Club believes that governments must protect constitutional rights and privileges of dog owners under American law. Owners must be afforded substantive and procedural due process protections, and must not be permanently or unreasonably deprived of the property interests they have in their animals without first pleading guilty to, being found guilty of, or pleading “no contest” to, animal-related criminal charges.
In cases involving seized animals in which an owner does not voluntarily surrender ownership, “bond for care” or “cost of care” laws that provide for the assessment of care costs upon a finding of probable cause of criminal activity must: limit such assessments to amounts that are reasonable, substantiated costs directly related to care of the seized animals; allow courts to waive such fees in cases involving an indigent defendant; provide for full refund of fees and interest in any case not resulting in a final adjudication of guilt or pleading no contest; and, absent the owner’s written consent, shall prohibit the spaying or neutering of, or performance of other elective non-therapeutic surgery on, any seized animal during pendency of a case.
Click here for more a short video on why protecting Due Process for Dog Owners is important.
CONTACT LEGISLATORS
Hawai’i residents are encouraged to contact the members of the Senate Judiciary Committee as well as their own state representatives to express concerns with Senate Bill 2692 as introduced, and to encourage amendments to ensure that dog owners’ due process rights are protected prior to further consideration and passage.
To submit testimony, click here to go to the bill’s page on the Hawai’i State Legislature’s website, then click Submit Testimony.
Individual committee members may be reached as follows:
Senator Karl Rhoads, Chair (Oahu) – 808-586-6130, senrhoads@capitol.hawaii.gov
Senator Mike Gabbard, Vice Chair (Oahu) – 808-586-6830, sengabbard@capitol.hawaii.gov
Senator Brandon J.C. Elefante (Oahu) – 808-586-6230, senelefante@capitol.hawaii.gov
Senator Joy A. San Buenaventura (Hawai’i) – 808-586-6890, sensanbuenaventura@capitol.hawaii.gov
Senator Brenton Awa (Oahu) – 808-586-7330, senawa@capitol.hawaii.gov
To find out who represents you, visit www.akcgr.org and scroll down to “Find Officials”.
FOR MORE INFORMATION
Contact AKC Government Relations at doglaw@akc.org.
