Report Title:

Guide Dogs, Signal Dogs, or Service Animals; Penal Sanctions

 

Description:

Imposes penal sanctions for intentionally interfering with the use of a guide dog, signal dog, or service animal; fraudulently misrepresenting oneself as the owner or trainer of such an animal; and causing injury or death to such an animal.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1714

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 
   

A BILL FOR AN ACT

 

relating to guide dogs, signal dogs, and service animals.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

"§711-A Causing injury or death to a guide dog, signal dog, or service animal in the first degree. (1) A person commits the offense of causing injury or death to a guide dog, signal dog, or service animal in the first degree if:

(a) The person knowingly or intentionally causes injury to or the death of any guide dog, signal dog, or service animal, as defined by section 515-3(8), while the dog is in the discharge of its duties; or

(b) The person is the owner of a dog and knowingly or intentionally permits that dog to attack a guide dog, signal dog, or service animal while that dog is in the discharge of its duties, resulting in the injury or death of the guide dog, signal dog, or service animal.

(2) Causing injury or death to a guide dog, signal dog, or service animal in the first degree is a class C felony.

(3) Any person who is convicted of a violation of this section shall be ordered to make restitution to the person with a disability who has custody or ownership of the guide dog, signal dog, or service animal for any veterinary bills, retraining costs, and replacement costs of the animal if it is disabled or killed.

§711-B Causing injury or death to a guide dog, signal dog, or service animal in the second degree. (1) A person commits the offense of causing injury or death to a guide dog, signal dog, or service animal in the second degree if:

(a) The person recklessly causes injury to or the death of any guide dog, signal dog, or service animal, as defined by section 515-3(8), while the dog is in the discharge of its duties; or

(b) The person is the owner of a dog and recklessly permits that dog to attack a guide dog, signal dog, or service animal while that dog is in the discharge of its duties, resulting in the injury or death of the guide dog, signal dog, or service animal.

(2) Causing injury or death to a guide dog, signal dog, or service animal in the second degree is a misdemeanor.

(3) Any person who is convicted of a violation of this section shall be ordered to make restitution to the person with a disability who has custody or ownership of the guide dog, signal dog, or service animal for any veterinary bills, retraining costs, and replacement costs of the animal if it is disabled or killed.

§711-C Knowing and fraudulent misrepresentation as owner or trainer of a guide dog, signal dog, or service animal. (1) Any person who knowingly and fraudulently misrepresents that that person, through verbal or written notice, is the owner or trainer of any animal licensed as, qualified as, or identified as, a guide dog, signal dog, or service animal, as defined in section 515-3(8), shall be guilty of a misdemeanor.

(2) As used in this section, "owner" means any person who owns a guide dog, signal dog, or service animal, and who is certified to use that animal in any public place listed in section 347-13(a).

§711-D Intentional interference with the use of a guide dog, signal dog, or service animal. (1) Any person who, with no legal justification, intentionally interferes with the use of a guide dog, signal dog, or service animal by:

(a) Harassing or obstructing the user or the user's guide dog, signal dog, or service animal, as defined in section 515-3(8); or

(b) Allowing a dog owned by that person to behave in a manner that a reasonable person would believe poses an imminent threat of bodily injury to the user or serious injury or death to the user's guide dog, signal dog, or service animal;

is guilty of a misdemeanor.

(2) Nothing in this section is intended to affect any civil remedies available for a violation of this section."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________