HB 624-FN-LOCAL - AS INTRODUCED
2015 SESSION
15-0322
08/04
HOUSE BILL 624-FN-LOCAL
AN ACT relative to animal care costs in animal cruelty cases.
SPONSORS: Rep. Booras, Hills 33
COMMITTEE: Environment and Agriculture
This bill allows any person confiscating an animal in an animal cruelty case to file a cost of animal care petition for reimbursement of animal care costs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0322
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to animal care costs in animal cruelty cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Cruelty to Animals; Cost of Care. Amend RSA 644:8, IV to read as follows:
IV.(a) In addition to being guilty of crimes as provided in paragraphs III and III-a, any person charged with cruelty to animals may have his or her animal confiscated by the arresting officer and, if said person has failed to post a cost of animal care bond or other security in accordance with paragraph IV-b, or upon said person’s conviction of cruelty to animals, the court may dispose of said animal in any manner it decides. Courts shall give cases in which animals have been confiscated by an arresting officer priority on the court calendar. The costs, if any, incurred in boarding and treating the animal, pending disposition of the case, and in disposing of the animal, [upon a conviction of said person for cruelty to animals,] shall be borne by the person [so convicted] charged with cruelty to animals. In addition, the court may prohibit any person convicted of animal cruelty from having future ownership or custody of other animals for any period of time the court deems reasonable or impose any other reasonable restrictions on the person’s future ownership or custody of animals as necessary for the protection of the animals.?
(b) If a person convicted of cruelty to animals appeals the conviction and any confiscated animal remains in the custody of the arresting officer or the officer’s designee pending disposition of the appeal, in order for the appellant to maintain a future interest in the animal, the trial court may require the appellant to post a bond or other security in [an amount not exceeding $2,000] accordance with paragraph IV-b for each animal in custody for costs expected to be incurred for the board and care of the animal during the appeal. If the conviction is affirmed on appeal, the costs incurred for the board and care of the animal shall be paid to the custodian from the posted security and the balance, if any, returned to the person who posted it.
2 New Paragraph; Cruelty to Animals Cost of Care Petition and Bond. Amend RSA 644:8 by inserting after paragraph IV-a the following new paragraph:
IV-b.(a) Any person confiscating an animal under paragraph IV, or providing care for a confiscated animal, may file a cost of animal care petition with any court that is competent to hear civil cases. The petition shall contain:
(1) The authority for, and purpose of, the confiscation, including the time, place, and circumstances of the confiscation, and the facts regarding any animal cruelty;
(2) A description of the animal, including its current condition and any facts demonstrating the animal’s disease, injury, or suffering; and
(3) If the person from whom the animal is confiscated is not the animal’s owner, the name and address of the owner, if such information is available to the petitioner upon reasonable investigation. If the owner’s name and address is not available to the petitioner upon reasonable investigation, then the petition shall include the address of the premises where the animal was confiscated.
(b) The petitioner shall serve a true and correct copy of the petition upon the animal’s owner. If, after reasonable investigation, the name and address of the owner cannot be located, then the petition shall be conspicuously posted at the premises where the animal was confiscated.
(c) Upon the court’s receipt of the petition, the court shall set the matter for hearing at the earliest practicable time, but not more than 21 days after the petition was filed with the court. The court shall, not less than 5 days prior to the hearing, notify the petitioner and the animal’s owner, in writing, of the date and location of the hearing. If no name and address for the owner is set forth in the petition, then such notice shall be conspicuously posted at the premises where the animal was confiscated.
(d) If the court determines that the owner cannot or will not provide necessary care for the animal, or that the animal was subjected to cruelty, then the court may set a renewable bond or other security in an amount sufficient to cover the reasonable costs of providing the confiscated animal with humane care and adequate and necessary veterinary services, as defined in subparagraph IV(a) for a period of 30 days.
(e) If the court orders a bond or other security to be posted, then the amount of funds necessary for 30 days of the animal’s care, as determined by the court, shall be posted with the municipal or county treasurer. The owner shall be ordered to deposit the same amount every 30 days thereafter until the final disposition of the criminal matter, unless he or she requests a hearing no less than 5 business days prior to the expiration of the 30-day period. If the required funds are not deposited within 5 business days of the issuance of the order setting the amount of funds, or 5 business days after the expiration of the 30-day period, then the animal shall be forfeited to the petitioner by operation of law.
(f) If a hearing is requested, the court may correct, alter, or otherwise adjust each new bond or other security upon a motion made at least 5 days before the expiration date of the previous bond. The hearing shall be held within 10 days of the motion, and notice shall be provided to the petitioner and to the owner. The bond or other security payment shall be due 5 days after the court orders, or refuses to order, an adjustment.
(g) If a bond or other security has been posted in accordance with this paragraph then the entity caring for the animal may draw from that bond the actual costs incurred in keeping and caring for the animal from the date of the confiscation to the date of the final disposition of the animal in the criminal action.
(h) Upon final disposition of the criminal action, remaining funds deposited with the municipal or county treasurer shall be returned to the depositor.
3 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0322
01/26/15
HB 624-FN-LOCAL - FISCAL NOTE
AN ACT relative to animal care costs in animal cruelty cases.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Judicial Branch, who was contacted on 01/07/15. When completed, the fiscal note will be forwarded to the House Clerk's Office.