HB1117 (2020) Detail

Relative to penalties for dog theft and tampering with a dog's radio collar.


HB 1117-FN - AS AMENDED BY THE HOUSE

 

19Feb2020... 0468h

2020 SESSION

20-2068

08/06

 

HOUSE BILL 1117-FN

 

AN ACT relative to penalties for dog theft and tampering with a dog's radio collar.

 

SPONSORS: Rep. Sullivan, Sull. 1; Rep. Rollins, Sull. 6; Rep. Comtois, Belk. 7

 

COMMITTEE: Environment and Agriculture

 

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AMENDED ANALYSIS

 

This bill makes the crime of dog theft a class B felony.

 

This bill also makes it a crime to remove certain collars from certain dogs.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2020... 0468h

20-2068

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to penalties for dog theft and tampering with a dog's radio collar.

 

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

 

1  Stealing Dogs; Tampering With Collars.  RSA 466:42-a is repealed and reenacted to read as follows:

466:42-a  Stealing Dogs; Tampering With Collars.

I.  Whoever steals a dog shall be guilty of a class B felony.

II.  Whoever distributes or exposes a poisonous substance with intent that the same shall be eaten by any dog shall be liable to the dog's owner for its value and shall be guilty of a class B felony.

III.(a)  An individual other than the owner or the authorized agent of the owner of a dog, shall not willfully or maliciously remove, damage, or destroy a collar, tracking collar, or other electronic device placed on a dog by its owner to maintain control or locate the dog.

(b)  An individual other than the owner or the authorized agent of the owner of a dog, shall not remove or cause to be removed a microchip from such dog.

(c)  An individual who violates this paragraph shall be guilty of a misdemeanor.

(d)  Nothing in this paragraph shall be construed to affect the actions of law enforcement, animal control, or an animal shelter in removing a collar or tracking collar if the dog is in imminent danger or after 7 consecutive days under RSA 466:18-a, and given that all possible effort was made to locate the dog's owner and documentation to that effect is maintained for one year.

2  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2068

Amended 2/20/20

 

HB 1117-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0468h)

 

AN ACT relative to penalties for dog theft and tampering with a dog's radio collar.

 

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

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

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 2021

FY 2022

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Routine Criminal Felony Case

$484

$498

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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

 

 

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

 

 

FY 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

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

HB1117 at GenCourtMobile
HB1117 Discussion

Action Dates

Date Body Type
Jan. 16, 2020 House Hearing
Feb. 4, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote
March 5, 2020 House Hearing
March 17, 2020 House Exec Session
March 17, 2020 House Hearing
March 18, 2020 House Exec Session
May 21, 2020 House Exec Session
May 21, 2020 House Exec Session

Bill Text Revisions

HB1117 Revision: 8143 Date: May 7, 2020, 6:43 p.m.
HB1117 Revision: 6750 Date: Dec. 2, 2019, 9:54 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Environment and Agriculture HJ 1 P. 10
Jan. 16, 2020 Public Hearing: 01/16/2020 11:15 am LOB 303
Jan. 30, 2020 Full Committee Work Session: 01/30/2020 10:00 am LOB 303
Feb. 4, 2020 Executive Session: 02/04/2020 10:00 am LOB 303
Committee Report: Ought to Pass with Amendment # 2020-0468h (Vote 20-0; CC)
Feb. 19, 2020 Committee Report: Ought to Pass with Amendment # 2020-0468h for 02/19/2020 (Vote 20-0; CC) HC 7 P. 6
Feb. 19, 2020 Amendment # 2020-0468h: AA VV 02/19/2020 HJ 4 P. 10
Feb. 19, 2020 Ought to Pass with Amendment 2020-0468h: MA VV 02/19/2020 HJ 4 P. 10
Feb. 19, 2020 Referred to Criminal Justice and Public Safety 02/19/2020 HJ 4 P. 10
March 17, 2020 ==CANCELLED== Public Hearing: 03/17/2020 10:00 am LOB 204
March 5, 2020 Public Hearing: 03/05/2020 01:00 pm LOB 204
March 17, 2020 ==CANCELLED== Executive Session: 03/17/2020 01:00 pm LOB 204
March 18, 2020 Executive Session: 03/18/2020 10:00 am LOB 204 (if necessary)
May 21, 2020 Full Committee Work Session: 05/21/2020 10:00 am Members of the public may attend using this link: https://www.zoom.us/j/96869508027
May 21, 2020 Executive Session: 05/21/2020 10:30 am Members of the public may attend using the following link: https://zoom.us/j/96869508027
Committee Report: Ought to Pass (Vote 17-3; RC) HC 23 P. 7