Revision: Jan. 1, 2008, midnight
CHAPTER 240
HB 1143 – FINAL VERSION
05Mar2008… 0650h
05/15/08 1788s
2008 SESSION
08/09
HOUSE BILL 1143
AN ACT relative to shelter for dogs and the authority of law enforcement officers to take abused and neglected dogs into custody.
SPONSORS: Rep. Skinder, Sull 1; Rep. Bettencourt, Rock 4; Rep. Espiefs, Ches 3; Rep. B. Browne, Straf 4; Rep. Butler, Carr 1; Sen. Roberge, Dist 9
COMMITTEE: Environment and Agriculture
This bill establishes penalties for failure to provide outdoor dogs with necessary shelter.
This bill also gives law enforcement officers the authority to take into custody an animal suspected of being abused or neglected.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0650h
05/15/08 1788s
08-2055
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to shelter for dogs and the authority of law enforcement officers to take abused and neglected dogs into custody.
Be it Enacted by the Senate and House of Representatives in General Court convened:
240:1 Cruelty to Animals; Shelter for Dogs. Amend RSA 644:8, II-a to read as follows:
II-a. In this section, “shelter” or “necessary shelter” for dogs shall mean any natural or artificial area which provides protection from the direct sunlight and adequate air circulation when that sunlight is likely to cause heat exhaustion of a dog tied or caged outside. Shelter from [inclement] the weather shall allow the dog to remain clean and dry. Shelter shall be structurally sound and have an area within to afford the dog the ability to stand up, turn around and lie down, and be of proportionate size as to allow the natural body heat of the dog to be retained.
240:2 Cruelty to Animals; Law Enforcement Officers. Amend RSA 644:8, IV-a(a) to read as follows:
(a) Except as provided in subparagraph (b) any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal when there is probable cause to believe that it has been or is being abused or neglected in violation of paragraphs III or III-a when there is a clear and imminent danger to the animal’s health or life and there is not sufficient time to obtain a court order. Such officer shall leave a written notice indicating the type and number of animals taken into protective custody, the name of the officer, the time and date taken, the reason it was taken, the procedure to have the animal returned and any other relevant information. Such notice shall be left at the location where the animal was taken into custody. The officer shall provide for proper care and housing of any animal taken into protective custody under this paragraph. If, after 7 days, the animal has not been returned or claimed, the officer shall petition the municipal or district court seeking either permanent custody or a one-week extension of custody or shall file charges under this section. If a week’s extension is granted by the court and after a period of 14 days the animal remains unclaimed, the title and custody of the animal shall rest with the officer on behalf of the officer’s department or society. The department or society may dispose of the animal in any lawful and humane manner as if it were the rightful owner. If after 14 days the officer or the officer’s department determines that charges should be filed under this section, the officer shall petition the court.
240:3 Effective Date. This act shall take effect January 1, 2009.
Approved: June 24, 2008
Effective Date: January 1, 2009