HomeMy WebLinkAboutCOM 0642.056 2020-2022 PRP,5cl
655 KILAUEA AVENUE
v art HILO,HAWAII 96720
KELDEN B.A.WALTJEN PH:(808)961-0466
PROSECUTING ATTORNEY FAX:(806)961-8908
STEPHEN L.FRYE 74-675 KEALAKEHE PARKWAY
KAILUA-KONA,HAWAI9 96740
FIRST DEPUTY ti, PH:(808)322-2552
PROSECUTING ATTORNEY _16> .� FAX:(808)322-6584
t ;
" 64-1067 MAMALAHOA HIGHWAY,C-3
KAMUELA,HAWAI9 96743
OFFICE OF THE PROSECUTING ATTORNEY PH:(808)887-3017
FAX:(808)887-3016
TESTIMONY IN SUPPORT OF BILL NO. 125
AN ORDINANCE AMENDING
CHAPTER 4, OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), RELATING TO ANIMALS
COMMITTEE ON COUNTY CLERK
PARKS AND RECREATION AND PUBLIC SAFETY COUNTY OF HAWAII
Councilmember Holeka Inaba, Chair RECEMED
Time Q:2 as . By
Tuesday, March 8, 2022 at 2:00 p.m. Date MAL 08
Honorable Chair Inaba and Members of the Committee on Parks and Recreation and
Public Safety. The County of Hawaii, 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 Hawaii 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
Hawaii 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
1,422 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 Hawaii, Office of the Prosecuting Attorney remains committed to the
pursuit of justice with integrity and commitment.
For the foregoing reasons, the, County of Hawaii, Office of the Prosecuting Attorney
strongly supports the passage of Bill No. 125. Thank you for the opportunity to testify on this
matter.
(� 2•rJ1td
Hawaii County is an Equal opportunity Provider and Employer Comm. No. _
Ref. Z®® �►tl --
Ref. Deate IMAR 6 2022
3
3
i
7
I
i
r OFFICE OF T II PROSLCUCINC,ATIORNLY LEG IS LAT IV INITIATIVES SURVEY
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?
i
NO PREFERENCE 9i0ES
�
NO 9.54n•(136)
8t08%(1144)
'bSihiLN I10M,.I RIC,`"PC Ws
BACKGROUND
Currently,regardless of the seriousness of the injury.most dog attack cases on Hawaii 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$200 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 disfigurement,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.
2