Revision: Nov. 16, 2017, 12:39 p.m.
HB 1723-FN - AS INTRODUCED
2018 SESSION
18-2652
08/04
HOUSE BILL 1723-FN
AN ACT relative to the reckless beating of animals.
SPONSORS: Rep. Hynes, Hills. 21
COMMITTEE: Environment and Agriculture
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ANALYSIS
This bill changes the intent required to be charged with felony cruelty to animals.
This bill also makes it a felony if certain acts of animal cruelty cause the death of the animal.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2652
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the reckless beating of animals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Animal Cruelty; Beating of Animals; Cruelty Resulting in Death. Amend RSA 644:8, III-a to read as follows:
III-a. A person is guilty of a class B felony who [purposely] recklessly beats, cruelly whips, tortures, or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or mutilated.
III-b. A person is guilty of a class B felony if such person commits an act listed in subparagraphs III(a), III(b), or III(c) and the conduct causes the death of the animal.
2 Effective Date. This act shall take effect January 1, 2019.
18-2652
11/15/17
HB 1723-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the reckless beating of animals.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill changes the penalty from a misdemeanor for a first offense to a class B felony (treated as a routine criminal for certain acts of animal cruelty) that results in the death of the animal. These penalties 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 these penalties below.
Judicial Branch | FY 2019 | FY 2020 |
Class B Misdemeanor | $50 | $51 |
Class A Misdemeanor | $72 | $73 |
Routine Criminal Felony Case | $457 | $462 |
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. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
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%). | ||
Department of Corrections |
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FY 2017 Average Cost of Incarcerating an Individual | $36,960 | $36,960 |
FY 2017 Annual Marginal Cost of a General Population Inmate | $4,555 | $4,555 |
FY 2017 Average Cost of Supervising an Individual on Parole/Probation | $557 | $557 |
NH Association of Counties |
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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.
The Department of Agriculture, Markets & Food states this bill will not change the number of animal cruelty cases
AGENCIES CONTACTED:
Judicial Branch, Department of Justice, Department of Corrections, Department of Agriculture, Markets & Food, and Judicial Council