A measure to address growing concerns surrounding dangerous dog attacks is advancing through the state Legislature.
Supporters say the bill would hold dog owners accountable and allow the police to impound dangerous dogs. Critics argue that determination should be made in a court of law.
Hanalei resident Michealle Edwards said she was walking her dog along the beach back in December when they came across a larger unleashed dog.
“Without provocation, the dog attacked and killed my dog. The people wouldn’t help me at all. They wouldn’t give me their name, and I had to go to the hospital,” Edwards said. “The hospital called the police, they made a report, and they said the humane society would be handling it, and nothing happened.”
Dog attacks, on other dogs and on humans, have been a long-standing issue for counties. The offense is treated as a petty misdemeanor.
House Bill 2058 would increase the penalty for dog attacks from a misdemeanor to a Class C felony. It would also allow for impounding of dangerous dogs under certain conditions.
This concerns Sara Haley over at the state Public Defenders’ Office.
“There are a number of issues including due process and equal protection issues with this proposed law as written,” Haley said.
“There is no process for the dog owners, so there’s no way for them to challenge the decision or to bring their own evidence. Police officers are not attorneys so that is not a designation they are qualified to make.”
Stephanie Kendrick of the Hawaiian Humane Society supports the measure but said it needs some adjustments.
“But, this is not an insignificant event in our community. There have been fatalities, which I’m sure you’ll hear about today,” Kendrick said. “We need to do a better job at keeping our communities safe, and the county ordinances are simply not up to the task.”
HB 2058 passed out of the House Friday and now goes to the Senate for deliberation. A Senate companion measure is awaiting a floor vote in the Senate, scheduled for Tuesday, March 5.
