HB2152 SD2

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.

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.

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.

The purpose of this Act is to increase penalties and enforcement mechanisms relating to dog attacks on livestock on land or premises within the agricultural district 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.

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

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

(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 found 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."

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 in the agricultural district classified pursuant to chapter 205 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~~]

(b) The owner of any livestock, the owner's agent, or the owner's family member may destroy a dog if the dog is found in the act of injuring, destroying, or persistently pursuing or harassing livestock on land or premises in the agricultural district classified pursuant to chapter 205 that are not owned or possessed by the owner of the dog. No civil or criminal action shall be maintained for destruction of a dog pursuant to this subsection.

(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 owner of the livestock or property of another, 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 the owner of the livestock, the owner's agent, or the owner's family member.

(d) If a dog described in subsection (a) is not destroyed pursuant to subsection (b) or (c) and a person sustains any loss or damage to livestock caused by the dog, or if any livestock is destroyed because the livestock was injured or pursued by the dog, the person may file a complaint in the district court of the circuit in which the loss or damage occurred and the judge may order the dog be humanely euthanized.

[~~(b)~~] (e) 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.

(f) Any destruction of a dog authorized under this section shall be carried out using means that are reasonable under the circumstances and not intended to cause undue suffering.

(g) 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."

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.

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 6. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2152
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 2