HB1412 (2018) Detail

Relative to cruelty to non-captive wildlife.


HB 1412-FN - AS INTRODUCED

 

 

2018 SESSION

18-2075

04/08

 

HOUSE BILL 1412-FN

 

AN ACT relative to cruelty to non-captive wildlife.

 

SPONSORS: Rep. Horrigan, Straf. 6

 

COMMITTEE: Fish and Game and Marine Resources

 

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ANALYSIS

 

This bill applies certain provisions of the crime of animal cruelty to wild animals not in captivity.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2075

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to cruelty to non-captive wildlife.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Cruelty to Animals.  Amend RSA 644:8, I to read as follows:

I.  In this section, "cruelty'' shall include, but not be limited to, acts or omissions injurious or detrimental to the health, safety or welfare of any animal, including the abandoning of any domesticated animal, household pet, or wild animal in captivity without proper provision for its care, sustenance, protection or shelter.

2  Cruelty to Animals.  Amend RSA 644:8, III-a to read as follows:

III-a.(a)  A person is guilty of a class B felony who purposely beats, cruelly whips, tortures, or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or mutilated.

(b)  A person is guilty of a class A misdemeanor who purposely beats, cruelly whips, tortures, or mutilates any wild animal not in captivity or causes any wild animal not in captivity to be beaten, cruelly whipped, tortured, or mutilated.

3  New Paragraph; Cruelty to Animals.  Amend RSA 644:8 by inserting after paragraph III-a the following new paragraph:

III-b.(a)  The provisions of paragraph III shall not apply to wild animals not in captivity.  

(b)  This section shall not apply to wild animals not in captivity for any activity expressly authorized or permitted under Title XVIII.

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

18-2075

10/25/17

 

HB 1412-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to cruelty to non-captive wildlife.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

METHODOLOGY:

This bill contains a penalty of a class A misdemeanor that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with this penalty below.

Judicial Branch

FY 2019

FY 2020

Class A Misdemeanor

$72

$73

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties

 

 

Links

HB1412 at GenCourtMobile

Action Dates

Date Body Type
Jan. 16, 2018 House Hearing
Jan. 23, 2018 House Exec Session

Bill Text Revisions

HB1412 Revision: 2125 Date: Nov. 3, 2017, 12:07 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Fish and Game and Marine Resources HJ 1 P. 9
Jan. 16, 2018 Public Hearing: 01/16/2018 02:00 PM LOB 307
Jan. 23, 2018 Executive Session: 01/23/2018 10:00 AM LOB 307
Committee Report: Refer for Interim Study (Vote 12-7; RC)
Feb. 7, 2018 Committee Report: Refer for Interim Study for 02/07/2018 (Vote 12-7; RC) HC 5 P. 23
Minority Committee Report: Ought to Pass
Feb. 8, 2018 Lay HB 1412 on Table (Rep. John T. O'Connor): MA DV 202-136 02/08/2018 HJ 3 P. 44
Feb. 8, 2018 Remove from Table (Rep. Read): MF DV 107-178 02/08/2018 HJ 3 P. 80