HomeMy WebLinkAboutCOM 0642.004 2020-2022 Ashley L.Kierkiewicz
os"'w; Office:(808)961-8265
Council Member ^ be.; Fax:(808)961-8912
District 4 Puna - ism � , :.`- ashley.kierkiewicz@hawaiicounty.gov
HAWAII COUNTY COUNCIL
Hawai`i County Building
25 Aupuni Street • Hilo,Hawai`i 96720
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MEMORANDUM cD
DATE: March 8, 2022 --�
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TO: Maile David, Council Chairperson -` ""
And Members of the Hawai`i County Council
FROM: Ashley L.Kierkiewicz, Council Member `a
SUBJECT: Additional Material-Bill No. 125
Please see the attached letter as additional material to be presented with Bill No. 125 during the March 8,
2022,Parks and Recreation and Public Safety Committee meeting.
Mahalo.
AK/j s
Comm. No. 042"04
Ref.To: ? I?RPSG
Ref. Date MAR - 8 2022
Serving the Interests of the People of Our Island
Hawai'i County is an Equal Opportunity Provider and Employer
��of 655 KILAUEA AVENUE HILO,HAWAII 96720
KELDEN B.A.WALTJENPH: (808)961- o°� ".'''`!�,� 0466 PROSECUTING ATTORNEYFAX:
(808)961-8908
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*� 74-675 KEALAKEHE PARKWAY
STEPHEN L. FR
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KAILUA-KONA,HAWAP196740
FIRST DEPUTY
PH:(808)322-2552 FAX:(808)
PROSECUTING ATTORNEY322-6584
64-1067 MAMALAHOA HIGHWAY,C-3 KAMUELA,HAWAPI 96743
OFFICE OF THE PROSECUTING ATTORNEY FAX: PH: (808) (808)
887-3017887-3016
TESTIMONY IN SUPPORT OF BILL NO. 125
AN ORDINANCE AMENDING
CHAPTER 4, OF THE HAWAI'I COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO ANIMALS
COMMITTEE ON
PARKS AND RECREATION AND PUBLIC SAFETY
Councilmember Holeka Inaba, Chair
Tuesday, March 8, 2022 at 2:00 p.m.
Honorable Chair Inaba and Members of the Committee on Parks and Recreation and
Public Safety. The County of Hawai'i, Office of the Prosecuting Attorney submits the
following testimony in strong support of Bill No. 125.
This bill was drafted in response to the growing concern surrounding recent
dangerous dog attacks in Hawai'i County and seeks to establish harsher penalties and
sanctions where a dog attack results in substantial bodily injury, serious bodily injury, or
death. The imposition of harsher penalties and sanctions will promote respect for the law,
ensure that offenders receive an appropriate sentence that reflects the seriousness of the
offense, provide adequate deterrence for further criminal conduct, and protect the public.
Over the past year, our Office has met with community groups, local government
leaders, law enforcement officials, and members of the public about their concerns and
interests regarding the criminal justice system. Given recent crime trends and in
consideration of the criminal matters that are handled by our Office, we collected data
through an online survey in hopes of addressing our community's concerns and prioritizing
the safety and well-being of Hawai'i Island residents. A total of 1,422 individuals
participated in our online legislative initiatives survey, which ran from December 9, 2021
through December 30, 2021. Of those I ,422 participants, 1 , 144 or 81.08% of those
surveyed, supported legislation for harsher penalties for the criminal liability of dog owners
in dog attacks resulting in substantial bodily injury, serious bodily injury, or death. Please
see the attached graph for more information.
The County of Hawai'i, Office of the Prosecuting Attorney remains committed to the
pursuit ofjustice with integrity and commitment.
For the foregoing reasons, the, County of Hawai'i, Office of the Prosecuting Attorney
strongly supports the passage of Bill No. 125. Thank you for the opportunity to testify on
this matter.
,�{V fAi'fy4 Hawai'i County is an Equal Opportunity Provider and Employer
OFFICE OF THE PROSECUTING ATTORNEY LEGISLATIVE INITIATIVES SURVEY
t�
Q9 Do you support legislation for harsher penalties for the criminal liability
of dog owners in dog attacks resulting in substantial bodily injury, serious
bodily injury,or death?
An—et.-. skpped:it
NO %(137) PREFERENCE 928%(131)
409.64%
(136)
81111,
X(✓r p 4 ��A
3111
YES 81.08%(1144)
ANSWER CHOKES RESPONSES RESPONSES
YES 81.08% 1.144
9.64%....... 136..
NO
W)PREFERENG:F.... _. _.. __. 9.289v _._. 191...
TOTAL 1,411
BACKGROUND
Currently,regardless of the seriousness of the injury,most dog attack cases on Hawai'i Island
are investigated and prosecuted as a violation of Hawai'i County Code Section 4-31 If
convicted a person shall be subject to a fine between and$2,000,up to thirty(30)days in jail,
and/or six(6)months probation.HRS provides the following relevant definitions:
"Serious bodily injury"means bodily injury which creates a substantial risk of death or
which causes serious permanent disfigurementi or protracted loss or impairment of the
function of any bodily member or organ.
"Substantial bodily injury"means bodily injury which causes a major avulsion,
laceration,or penetration of the skin,a bone fracture,a serious concussion,or a
tearing,rupture,or corrosive damage to the esophagus,viscera,or other internal
organs.
PROSECUTORS PROPOSAL
The Office of the Prosecuting Attorney proposes assessing felony level penalties where a
dog attack results in substantial or serious bodily injury,or death. Ad