BIL 258 Draft 05 2004-2006 - Laserfiche WebLink

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(3) The person attacked was teasing, tormenting, abusing, or assaulting the dog or at any time in the past had teased, tormented, abused, or assaulted the dog; (4) The dog was attacked or menaced by the animal or the animal was on the property of the owner of the dog; (5) The dog was responding to pain or injury inflicted by the attacked person or animal; (6) The dog was protecting itself, its kennels, or its offspring from the attacked person or animal; (7) The person or animal attacked was disturbing the dog's natural functions, such as sleeping or eating, while the dog was on its owner's property; or (8) The dog was responding to a command or encouragement to attack the person or animal. "Serious injury" to a domestic animal means physical injury to the animal involving a broken bone, a laceration requiring multiple stitches, a concussion, or a tearing or rupture of an organ. Section 4-27. Prohibited acts-conditions on owner-penalties. (a) A dog owner commits the offense of negligent failure to control a dangerous dog, if the owner negligently fails to take reasonable measures to prevent the dog from attacking, without provocation, a person or animal and such attack results in: (1) The maiming or causing of serious injury to or the destruction of an animal, or (2) Bodily injury to a person other than the owner. A person convicted under this subsection shall be guilty of a petty misdemeanor for a first offense and a misdemeanor for a subsequent offense and sentenced in accordance with subsections (c), (d), and (e). (b) For the purposes of this section, "reasonable measures to prevent the dog from attacking" shall include but not be limited to: (I) Measures required to be taken under article 4 of this chapter to prevent the dog from becoming a stray; and (2) Any conditions imposed by the court for the training of the dog or owner or for the supervision, confinement or restraint of the dog for a previous conviction under this section. (c) A dog owner convicted under subsection (a) shall be sentenced to the following without possibility of suspension of sentence: (1) A fine of not less than $500 nor more than $2,000; except that if the offense occurred within five years of a previous conviction under this section, a fine of not less than $1,000 nor more than $2,000; (2) A period of imprisonment of up to thirty days, or in lieu of imprisonment, a period of probation of not more than six months in accordance with the procedures, terms and conditions provided in chapter 706, part II, Hawaii Revised Statutes; except that if the offense occurred within five years of a previous conviction under this section, a period of imprisonment of up to six 8