HB 1606-FN - AS AMENDED BY THE HOUSE
19Feb2020... 0373h
2020 SESSION
20-2039
04/01
HOUSE BILL 1606-FN
AN ACT relative to cruelty to a wild animal, fish, or wild bird.
SPONSORS: Rep. Read, Rock. 17; Rep. Spillane, Rock. 2; Rep. W. Thomas, Hills. 21; Rep. Murphy, Hills. 21; Rep. Wall, Straf. 6; Rep. Gay, Rock. 8; Rep. Abrami, Rock. 19; Rep. Abbas, Rock. 8; Rep. DeSimone, Rock. 14; Rep. Kenney, Straf. 6; Sen. Sherman, Dist 24; Sen. Watters, Dist 4
COMMITTEE: Fish and Game and Marine Resources
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill establishes an enhanced criminal penalty for cruelty to any wild animal, fish, or wild bird.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 0373h
20-2039
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to cruelty to a wild animal, fish, or wild bird.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Fish and Game Commission; Cruelty to Wild Animals, Fish, or Wild Birds. Amend RSA 206 by inserting after section 19-a the following new section:
206:19-b Cruelty to Wild Animals, Fish, or Wild Birds; Enhanced Penalty.
I.(a) Any person who purposely beats, cruelly whips, tortures or mutilates any wild animal, fish or wild bird as defined in RSA 207:1, or purposely causes any wild animal, fish, or wild bird to be beaten, cruelly whipped, tortured or mutilated shall be guilty of a class B felony.
(b) Any person who negligently beats, cruelly whips, tortures or mutilates any wild animal, fish or wild bird as defined in RSA 207:1, or negligently causes any wild animal, fish or wild bird to be beaten, cruelly whipped, tortured or mutilated shall be guilty of a misdemeanor.
II. It shall be an affirmative defense to prosecution and an actor shall be exempt from enhanced penalties under this section for any manner of taking, open season time limits, permitted scientific investigations or wildlife management practices lawful under title XVIII or administrative rules adopted pursuant to RSA 541:A, whether or not the actor holds a current and valid license issued by the department.
2 Effective Date. This act shall take effect January 1, 2021.
20-2039
Amended 2/24/20
HB 1606-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-0373h)
AN ACT relative to cruelty to a wild animal, fish, or wild bird.
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 establishes class B felony and unspecified misdemeanor offenses relative to animal cruelty. 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:
Fish and Game Department, Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| Jan. 28, 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 |
: Committee Report: Ought to Pass (Vote 20-0; CC) HC 23 P. 3
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
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
March 18, 2020: Executive Session: 03/18/2020 10:00 am LOB 204 (if necessary)
March 17, 2020: ==CANCELLED== Executive Session: 03/17/2020 01:00 pm LOB 204
March 5, 2020: Public Hearing: 03/05/2020 01:30 pm LOB 204
March 17, 2020: ==CANCELLED== Public Hearing: 03/17/2020 10:30 am LOB 204
Feb. 19, 2020: Referred to Criminal Justice and Public Safety 02/19/2020 HJ 4 P. 58
Feb. 19, 2020: Ought to Pass with Amendment 2020-0373h: MA DV 214-137 02/19/2020 HJ 4 P. 58
Feb. 19, 2020: Amendment # 2020-0373h: AA VV 02/19/2020 HJ 4 P. 58
: Minority Committee Report: Refer for Interim Study
Feb. 19, 2020: Majority Committee Report: Ought to Pass with Amendment # 2020-0373h for 02/19/2020 (Vote 9-7; RC) HC 7 P. 21
: Majority Committee Report: Ought to Pass with Amendment # 2020-0373h (Vote 9-7; RC)
Feb. 4, 2020: Executive Session: 02/04/2020 01:00 pm LOB 210-211
Jan. 28, 2020: Public Hearing: 01/28/2020 01:30 pm LOB 307
Jan. 8, 2020: Introduced 01/08/2020 and referred to Fish and Game and Marine Resources HJ 1 P. 28