REPORT TITLE:
Vicious animals


DESCRIPTION:
Includes animal in the definition of dangerous instrument.
Creates a new offense of failure to control a vicious animal.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1701       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ANIMALS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 708-800, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read:
 
 4      ""Dangerous instrument" means any firearm, whether loaded or
 
 5 not, and whether operable or not, or other weapon, device,
 
 6 instrument, material, animal, or substance, whether animate or
 
 7 inanimate, which in the manner it is used or is intended to be
 
 8 used is known to be capable of producing death or serious bodily
 
 9 injury."
 
10      SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended
 
11 by adding a new section to be appropriately designated and to
 
12 read as follows:
 
13      "�711-    Failure to control a vicious animal.  (1)  A
 
14 person commits the offense of failure to control a vicious animal
 
15 if:
 
16      (a)  The person owns or harbors an animal which is known by
 
17           its habits, species, or nature to be dangerous or
 
18           vicious; and
 
19      (b)  The animal causes either personal or property damage to
 
20           any person.
 

 
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                                     H.B. NO.1701       
                                                        
                                                        

 
 1      (2)  For purposes of this section, there shall be a
 
 2 rebuttable presumption that any animal which has previously
 
 3 bitten a human being or a pet animal is known by its habits to be
 
 4 vicious.
 
 5      (3)  Failure to control a vicious animal is a petty
 
 6 misdemeanor."
 
 7      SECTION 3.  Section 707-700, Hawaii Revised Statutes, is
 
 8 amended by amending the definition of "dangerous instrument" 
 
 9 to read:
 
10      ""Dangerous instrument" means any firearm, whether loaded or
 
11 not, and whether operable or not, or other weapon, device,
 
12 instrument, material, animal, or substance, whether animate or
 
13 inanimate, which in the manner it is used or is intended to be
 
14 used is known to be capable of producing death or serious bodily
 
15 injury."
 
16      SECTION 4.  New statutory material is underscored.
 
17      SECTION 5.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:  _______________________