HB1560 (2020) Detail

(New Title) defining "serious harm" to an animal as a result of animal cruelty and relative to the criminal penalties for certain negligent actions which cause serious harm to or the death of an animal.


HB 1560-FN - AS AMENDED BY THE HOUSE

 

11Mar2020... 0857h

2020 SESSION

20-2086

08/04

 

HOUSE BILL 1560-FN

 

AN ACT defining "serious harm" to an animal as a result of animal cruelty and  relative to the criminal penalties for certain negligent actions which cause serious harm to or the death of an animal.

 

SPONSORS: Rep. Rogers, Merr. 28

 

COMMITTEE: Criminal Justice and Public Safety

 

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

 

AMENDED ANALYSIS

 

This bill defines "serious harm" to an animal which occurs as a result of animal cruelty.

 

This bill makes it a felony if an animal that is a victim of animal cruelty is seriously harmed or dies as a result of that cruelty.

 

This bill also exempts certain husbandry, slaughter, and euthanasia practices from the laws regarding animal cruelty.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0857h 20-2086

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT defining "serious harm" to an animal as a result of animal cruelty and  relative to the criminal penalties for certain negligent actions which cause serious harm to or the death of an animal.

 

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

 

1  New Paragraph; Serious Harm to Animal as a Result of Animal Cruelty; Definition.  Amend RSA 644:8 by inserting after paragraph II-a the following new paragraph:

II-b.  In this section, "serious harm" means any harm to the animal's body which causes severe, permanent, or protracted loss of or impairment to the health or the function of any part of the animal's body.

2  New Paragraphs; Serious Harm to or Death of Animal as a Result of Animal Cruelty; Penalties.  Amend RSA 644:8 by inserting after paragraph III-a the following new paragraphs:

III-b.  A person is guilty of a class B felony if such person purposely, knowingly, or recklessly commits one of the following acts and such conduct causes serious harm to or the death of the animal:

(a)  Without lawful authority deprives or causes to be deprived any animal in his possession or custody necessary care, sustenance or shelter;

(b)  Beats, cruelly whips, tortures, mutilates or in any other manner mistreats or causes to be mistreated any animal;

(c)  Overdrives, overworks, drives when overloaded, or otherwise abuses or misuses any animal intended for or used for labor;

(d)  Transports any animal in his possession or custody in a manner injurious to the health, safety or physical well-being of such animal;

(e)  Abandons any animal previously in his or her possession or custody by causing such animal to be left without supervision or adequate provision for its care, sustenance, or shelter;

(f)  Has in his or her possession an equine colt that is less than 90 days old that is not being nursed by its dam, unless the colt was born in this state, and its dam has died within this state before the colt became 90 days old;

(g)  Sells an equine colt that is less than 90 days old that is not being nursed by its dam; or

(h)  Otherwise permits or causes any animal in his or her possession or custody to be subjected to cruelty, inhumane treatment, or unnecessary suffering of any kind.

III-c.  This section shall not apply to customarily accepted animal husbandry practices, or humane slaughter under RSA 427, or accepted methods of euthanasia as determined by the American Veterinary Medical Association to alleviate the suffering of an injured or ill animal.  

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

 

LBAO

20-2086

Amended 3/20/20

 

HB 1560-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0857h)

 

AN ACT defining "serious harm" to an animal as a result of animal cruelty and  relative to the criminal penalties for certain negligent actions which cause serious harm to or the death of an animal.

 

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 a penalty 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

Simple Criminal Case

$300

$314

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.

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

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

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

 

AGENCIES CONTACTED:

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

 

Links

HB1560 at GenCourtMobile
HB1560 Discussion

Action Dates

Date Body Type
Feb. 4, 2020 House Hearing
Feb. 5, 2020 House Exec Session
Feb. 5, 2020 House Exec Session
Feb. 25, 2020 House Exec Session
March 3, 2020 House Exec Session
March 4, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1560 Revision: 8366 Date: March 31, 2020, 3:26 p.m.
HB1560 Revision: 7210 Date: Dec. 3, 2019, 11:33 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 26
Feb. 4, 2020 Public Hearing: 02/04/2020 10:00 am LOB 204
Feb. 5, 2020 Full Committee Work Session: 02/05/2020 10:00 am LOB 204
Feb. 5, 2020 ==RECESSED== Executive Session: 02/05/2020 01:00 pm LOB 204
Feb. 25, 2020 ==RECESSED== Executive Session: 02/25/2020 01:00 pm LOB 204
March 3, 2020 ==CONTINUED== Executive Session: 03/03/2020 01:00 pm LOB 204
March 4, 2020 ==CONTINUED== Executive Session: 03/04/2020 10:00 am LOB 204 (if necessary)
Majority Committee Report: Ought to Pass with Amendment # 2020-0857h (Vote 11-9; RC)
March 11, 2020 Majority Committee Report: Ought to Pass with Amendment # 2020-0857h (NT) for 03/11/2020 (Vote 11-9; RC) HC 10 P. 43
Minority Committee Report: Inexpedient to Legislate
March 11, 2020 Lay on Table (Rep. Pearl): MF DV 149-170 03/11/2020 HJ 7 P. 152
March 11, 2020 Amendment # 2020-0857h (NT): AA DV 188-132 03/11/2020 HJ 7 P. 152
March 11, 2020 Ought to Pass with Amendment 2020-0857h (NT): MA VV 03/11/2020 HJ 7 P. 152
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8