Bill Text - HB394 (2019)

Relative to crop theft.


Revision: March 27, 2019, 9:56 a.m.

HB 394-FN - AS AMENDED BY THE HOUSE

 

19Mar2019... 0879h

2019 SESSION

19-0393

08/04

 

HOUSE BILL 394-FN

 

AN ACT relative to crop theft.

 

SPONSORS: Rep. O'Connor, Rock. 6; Rep. Comtois, Belk. 7; Rep. Turcotte, Merr. 22; Rep. Aron, Sull. 7

 

COMMITTEE: Environment and Agriculture

 

─────────────────────────────────────────────────────────────────

 

AMENDED ANALYSIS

 

This bill:

 

I.  Changes the criminal intent for the crime of crop theft.

 

II.  Expands the definition of crop theft.

 

III.  Raises the compensatory amount that must be paid to the victim.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Mar2019... 0879h 19-0393

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to crop theft.

 

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

 

1  Crop Theft; Agricultural Vandalism.  Amend RSA 539:9, I to read as follows:

I.  Whoever shall [knowingly] recklessly cut, fell, destroy, injure, damage, cause to be damaged, carry away, consume, tamper with, worry, or vandalize any legal crop or legal crop bearing tree or plant, Christmas tree, cropland, pasture or pasture land, livestock or other farm raised animals, as defined in RSA 21:34-a, and all farm buildings, enclosures, structures, or equipment used in the care and production of crops, livestock or other farm raised animals, or aid in such action without permission of the owner, shall forfeit to the person injured a minimum of $500 or up to 10 times the market value or repair cost, whichever amount is higher.

2  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-0393

Amended 3/22/19

 

HB 394-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0879h)

 

AN ACT relative to crop theft.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   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 would amend RSA 539:9,I, concerning agricultural vandalism by adding "consuming the crop" to the potential actions that result in liability, adds Christmas trees to the list of crops specified, and requires the person convicted of the offense to pay a minimum of $500 or up to 10 times the market value or repair cost, whichever amount is higher.  

 

This bill contains penalties 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 these penalties below.

 

Judicial Branch

FY 2020

FY 2021

Class B Misdemeanor

$53

$54

Class A Misdemeanor

$76

$77

Routine Criminal Felony Case

$481

$486

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2020 and FY 2021 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.

Department of Corrections

 

 

FY 2018 Average Cost of Incarcerating an Individual

$40,615

$40,615

FY 2018 Annual Marginal Cost of a General Population Inmate

$4,620

$4,620

FY 2018 Average Cost of Supervising an Individual on Parole/Probation

$571

$571

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

 

The Judicial Branch indicates historically few cases have been prosecuted under RSA 539:9,I, but the addition of Christmas trees increases the chances of additional misdemeanor or felony cases.  

 

The Judicial Council states, while this bill criminalizes new conduct, it is not expected to have an appreciable impact on expenditures for indigent defense.  

 

The Department of Justice indicates the Department would not be involved in prosecutions or investigations related to this bill, any appeals would be handled within the current budget and there would be no fiscal impact on the Department.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Departments of Justice and Corrections

 

HB 394-FN - AS AMENDED BY THE HOUSE

 

19Mar2019... 0879h

2019 SESSION

19-0393

08/04

 

HOUSE BILL 394-FN

 

AN ACT relative to crop theft.

 

SPONSORS: Rep. O'Connor, Rock. 6; Rep. Comtois, Belk. 7; Rep. Turcotte, Merr. 22; Rep. Aron, Sull. 7

 

COMMITTEE: Environment and Agriculture

 

─────────────────────────────────────────────────────────────────

 

AMENDED ANALYSIS

 

This bill:

 

I.  Changes the criminal intent for the crime of crop theft.

 

II.  Expands the definition of crop theft.

 

III.  Raises the compensatory amount that must be paid to the victim.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

19Mar2019... 0879h 19-0393

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to crop theft.

 

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

 

1  Crop Theft; Agricultural Vandalism.  Amend RSA 539:9, I to read as follows:

I.  Whoever shall [knowingly] recklessly cut, fell, destroy, injure, damage, cause to be damaged, carry away, consume, tamper with, worry, or vandalize any legal crop or legal crop bearing tree or plant, Christmas tree, cropland, pasture or pasture land, livestock or other farm raised animals, as defined in RSA 21:34-a, and all farm buildings, enclosures, structures, or equipment used in the care and production of crops, livestock or other farm raised animals, or aid in such action without permission of the owner, shall forfeit to the person injured a minimum of $500 or up to 10 times the market value or repair cost, whichever amount is higher.

2  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-0393

Amended 3/22/19

 

HB 394-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0879h)

 

AN ACT relative to crop theft.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   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 would amend RSA 539:9,I, concerning agricultural vandalism by adding "consuming the crop" to the potential actions that result in liability, adds Christmas trees to the list of crops specified, and requires the person convicted of the offense to pay a minimum of $500 or up to 10 times the market value or repair cost, whichever amount is higher.  

 

This bill contains penalties 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 these penalties below.

 

Judicial Branch

FY 2020

FY 2021

Class B Misdemeanor

$53

$54

Class A Misdemeanor

$76

$77

Routine Criminal Felony Case

$481

$486

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2020 and FY 2021 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.

Department of Corrections

 

 

FY 2018 Average Cost of Incarcerating an Individual

$40,615

$40,615

FY 2018 Annual Marginal Cost of a General Population Inmate

$4,620

$4,620

FY 2018 Average Cost of Supervising an Individual on Parole/Probation

$571

$571

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

 

The Judicial Branch indicates historically few cases have been prosecuted under RSA 539:9,I, but the addition of Christmas trees increases the chances of additional misdemeanor or felony cases.  

 

The Judicial Council states, while this bill criminalizes new conduct, it is not expected to have an appreciable impact on expenditures for indigent defense.  

 

The Department of Justice indicates the Department would not be involved in prosecutions or investigations related to this bill, any appeals would be handled within the current budget and there would be no fiscal impact on the Department.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Departments of Justice and Corrections