Revision: May 17, 2021, 9:34 a.m.
HB 338-FN - AS AMENDED BY THE SENATE
8Apr2021... 0395h
05/13/2021 1296s
2021 SESSION
21-0263
08/06
HOUSE BILL 338-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. Goley, Hills. 8; Rep. Comtois, Belk. 7
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill makes the first instance of the crime of dog theft a misdemeanor, the second instance a class B felony, and any subsequent instance a class A 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Apr2021... 0395h
05/13/2021 1296s 21-0263
08/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
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 RSA 466:42-a is repealed and reenacted to read as follows: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 misdemeanor for the first and second offense, and a class B felony for each subsequent offense.
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, tamper with, 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, 2022.
21-0263
Amended 5/17/21
HB 338-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2021-1296s)
AN ACT relative to penalties for dog theft and tampering with a dog's radio collar.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 | |
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 | ||||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
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METHODOLOGY:
This bill makes the first and second instances of the crime of dog theft a misdemeanor and any subsequent instance a class B felony. The bill also makes it a crime to remove certain collars from certain dogs.
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 | $55 | $55 |
Class A Misdemeanor | $78 | $78 |
Simple Criminal Case | $309 | $309 |
Routine Criminal Felony Case | $494 | $494 |
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 |
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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 |
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FY 2020 Average Cost of Incarcerating an Individual | $47,691 | $47,691 |
FY 2020 Annual Marginal Cost of a General Population Inmate | $6,407 | $6,407 |
FY 2020 Average Cost of Supervising an Individual on Parole/Probation | $584 | $584 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
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