Report Title:

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

 

Description:

Imposes penal sanctions for causing injury or death to, or intentionally interfering with the use of, a guide dog, signal dog, service animal, or law enforcement dog; and for fraudulently misrepresenting oneself as the owner or trainer of a guide dog, signal dog, or service animal. (SD1)

THE SENATE

S.B. NO.

2046

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

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, service animal, or law enforcement dog in the first degree. (1) A person commits the offense of causing injury or death to a guide dog, signal dog, service animal, or law enforcement dog, as defined in subsection (4), in the first degree if:

(a) The person knowingly or intentionally causes injury to or the death of any guide dog, signal dog, service animal, or a law enforcement dog, 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, service animal, or law enforcement dog, while that dog is in the discharge of its duties, resulting in the injury or death of the guide dog, signal dog, service animal, or law enforcement dog.

(2) Causing injury or death to a guide dog, signal dog, service animal, or law enforcement dog 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, or to the State or county for a law enforcement dog, for any veterinary bills, retraining costs, and replacement costs of the animal if it is disabled or killed.

(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8), and "law enforcement dog" means a dog owned by the State or county to assist in law enforcement.

711-B Causing injury or death to a guide dog, signal dog, service animal, or law enforcement dog in the second degree. (1) A person commits the offense of causing injury or death to a guide dog, signal dog, service animal, or law enforcement dog, as defined in subsection (4), in the second degree if:

(a) The person recklessly causes injury to or the death of any guide dog, signal dog, service animal, or law enforcement dog, 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, service animal, or law enforcement dog, while that dog is in the discharge of its duties, resulting in the injury or death of the guide dog, signal dog, service animal, or law enforcement dog.

(2) Causing injury or death to a guide dog, signal dog, service animal, or law enforcement dog 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, or to the State or county for a law enforcement dog, for any veterinary bills, retraining costs, and replacement costs of the animal if it is disabled or killed.

(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8), and "law enforcement dog" means a dog owned by the State or county to assist in law enforcement.

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, service animal, or law enforcement dog. (1) Any person who, with no legal justification, intentionally interferes with the use of a guide dog, signal dog, service animal, or law enforcement dog, as defined in subsection (3) by:

(a) Harassing or obstructing the user or the user's guide dog, signal dog, service animal, or law enforcement dog; 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, service animal, or law enforcement dog;

is guilty of a misdemeanor.

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

(3) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8), and "law enforcement dog" means a dog owned by the State or county to assist in law enforcement."

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.