Bill Text - HB1560 (2020)

(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.


Revision: Dec. 3, 2019, 11:33 a.m.

HB 1560-FN - AS INTRODUCED

 

 

2020 SESSION

20-2086

08/04

 

HOUSE BILL 1560-FN

 

AN ACT relative to the criminal penalties for certain negligent actions which cause the death of an animal.

 

SPONSORS: Rep. Rogers, Merr. 28

 

COMMITTEE: Criminal Justice and Public Safety

 

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

 

ANALYSIS

 

This bill makes it a felony if an animal that is a victim of animal cruelty 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2086

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the criminal penalties for certain negligent actions which cause the death of an animal.

 

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

 

1  New Paragraphs; 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 an act listed under paragraph III and such conduct causes the death of the animal or causes the animal serious bodily injury as defined under RSA 625:11.

III-c.  This section shall not apply to customarily accepted animal husbandry practices and to 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.  

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

 

LBAO

20-2086

10/24/19

 

HB 1560-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the criminal penalties for certain negligent actions which cause 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