RELATING TO DOG ATTACKS.

SB2742

THE SENATE

S.B. NO.

2742

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO DOG ATTACKS
.

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

����
SECTION 1.
�
The legislature finds that livestock
production is an important contributor to the State's economy, food security,
and land stewardship.
�
Livestock
producers responsibly manage their animals through fencing and low-stress
handling techniques to ensure their health and well-being.

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The legislature further finds that
uncontrolled dogs often harass, injure, or kill livestock, causing significant
losses.
�
Livestock producers experience
severe financial and emotional impacts from dog attacks, as a single attack can
result in the loss of up to eighty animals.

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The legislature also finds that
California addresses dog attacks on livestock through strict liability
provisions under the California Food and Agricultural Code, which may serve as
a model for Hawaii.

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The purpose of this Act is to increase
penalties and enforcement mechanisms relating to dog attacks on livestock to
ensure dog owners maintain control of their animals and are held accountable
when attacks occur.
�
Authorizing the
destruction of dogs that harass livestock is consistent with existing law,
which provides similar protections for wildlife.

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SECTION
2
.
�
Section 142-33,
Hawaii Revised Statutes, is amended by amending subsection (b) to read as
follows:

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"
(b)
�
For the purposes of this section,
"habitual agricultural crime perpetrator" means a person [
who,
]
:

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(1)
�
Who,

within five years of the instant offense, has any combination of three or more
prior convictions for criminal offenses under this chapter or one or more prior
convictions under this section[
.
]
; or

����
(2)
�
Who has been f
ound liable four or more times
under section 142-74; provided that each liability finding shall be a final
judgment entered by a court of competent jurisdiction.

The convictions
or liability findings

shall be for separate incidents on separate dates.
�
The prosecution shall not be required to
prove any state of mind with respect to the person's status as a habitual
agricultural crime perpetrator.
�
Proof
that the person has the requisite minimum prior convictions
or liability
findings
shall be sufficient to establish this element.
"

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SECTION
3
.
�
Section 142-74,
Hawaii Revised Statutes, is amended to read as follows:

����
"
�142-74
�
[
Liability of dog owner; penalty.
]
Damage
to livestock or other property by dogs; liability; penalties.
�

(a)
�
If any dog, while on [
private
property
]
land or premises
without the consent of the owner
or
person in possession
of that [
property,
]
land or premises,

injures or destroys any [
sheep, cattle, goat, hog, fowl,
]
livestock

or other property belonging to any person other than the owner [
of
]
or
person responsible for
the dog, the owner [
of
]
or person
responsible for
the dog shall be liable in damages to the person injured
for
twice
the value of the property so injured or destroyed.
�
[
The
]

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(b)
�

Any person may destroy any dog in any of the following cases:

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(1)
�
The dog is
found in the act of injuring, destroying, or persistently pursuing or harassing
livestock on land or premises not owned or possessed by the owner of the dog;
or

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(2)
�
The person has
proof that conclusively shows that the dog has been recently engaged in injuring
or destroying livestock on land or premises not owned or possessed by the owner
of the dog.

No
civil or criminal action shall be maintained for destroying any dog pursuant to
this subsection.

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(c)
�

After any incident described in subsection (a), the
owner of the dog
shall confine or destroy the dog[
, and if
]
.
�
If
the owner of the dog neglects or
refuses to do so,
and the dog subsequently causes further damage to the
person or property of any person,
the owner of the dog, [
in the event of
any further damage being done to the person or property of any person by the
dog,
] in addition to paying the person injured for the damage, shall be
guilty of a misdemeanor
, be fined no less than $1,000,
and pay the costs
of the trial, and [
it shall be lawful for any other person to destroy the
dog.
]
the dog may be lawfully destroyed by any person.

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(d)
�

If any person sustains any loss or damage to livestock caused by a dog,
or if any livestock is destroyed because the livestock was injured or pursued
by a dog, the person may file a complaint in the district court of the circuit in
which the loss or damage occurred.
�
The
complaint shall:

����
(1)
�
Be in writing;

����
(2)
�
Be signed by
the complainant;

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(3)
�
State the date
and location of the incident, a description of the damage, and the estimated
value of the loss; and

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(4)
�
State, if
known, the name of the person who owns or was in charge of the dog when the
loss or damage was sustained.

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(e)
�

If the complaint identifies the person who owns or was responsible for
the dog at the time of the damage, the judge shall forthwith issue a summons
commanding that person to appear before the judge to show cause why the dog
should not be destroyed.
�
The summons
shall:

����
(1)
�
Set a return
date no less than two days nor more than six days from the date of issuance;
and

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(2)
�
Be served at
least two days before the time of appearance.

Service
may be made by any person over the age of eighteen or by registered mail to the
last known address of the owner or person responsible for the dog.
�
Any expense related to the summons shall be
borne by the owner of the injured or destroyed livestock.

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(f)
�

On the return day, the judge shall determine whether the loss of or
damage to livestock was caused by the dog.
�
If the judge finds that the loss or damage was
caused by the dog, the judge shall order the owner or person responsible for
the dog to surrender the dog within twenty-four hours to an animal control
officer for prompt destruction.

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(g)
�

If two or more dogs kept by two or more owners or persons responsible
for the dogs injure or destroy any livestock at the same time, the owners or
persons responsible for the dogs shall be jointly and severally liable for the
damage.

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[
(b)
]
(h)
�
Each county may enact and enforce ordinances
regulating persons who own, harbor, or keep any dog that has injured, maimed,
or destroyed an animal belonging to another person.
�
No ordinance enacted under this subsection
shall be held invalid on the ground that it covers any subject or matter
embraced within any statute or rule of the State; provided that the ordinance
shall not affect the civil liability of a person owning, harboring, or keeping
the dog.
�
Upon enactment of an ordinance,
whether enacted on, before, or after June 30, 2001, the ordinance shall have
full force and effect; provided that the ordinance is consistent with this
section.

����
(i)
�

For the purposes of this section, "livestock" means animals
raised for agricultural production or value, including cattle, sheep, goats, swine,
poultry, and other domesticated farm animals.
"

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SECTION 4.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 6.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Dog
Attacks; Livestock; Liability

Description:

Clarifies
owner liability and increases penalties and enforcement mechanisms for dog
attacks on livestock.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.