Bill Text - HB338 (2021)

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


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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  RSA 466:42-a is repealed and reenacted to read as follows: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.

 

LBA

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

 

 

 

Estimated Increase / (Decrease)

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

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

 

 

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 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

 

 

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