SB320: relative to investigations of cruelty to horses.

SB 320 – AS INTRODUCED

2006 SESSION

06-2014

01/04

SENATE BILL 320

AN ACT relative to investigations of cruelty to horses.

SPONSORS: Sen. Roberge, Dist 9; Sen. Barnes, Dist 17; Rep. Marshall Quandt, Rock 13; Rep. B. Richardson, Ches 5; Rep. Villeneuve, Hills 18; Rep. N. Johnson, Straf 3

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill requires that horses shall have access to their shelters at all times, clarifies who may make a determination of probable cause for seizing horses, and increases the penalty for mistreating horses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2014

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to investigations of cruelty to horses.

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

1 Treatment of Horses; Shelter. Amend RSA 435:14-RSA 435:16 to read as follows:

435:14 Shelter Available. Horses shall be provided either:

I. An adequately ventilated, dry barn, which shall be accessible to the horse during inclement weather and, with stalls of sufficient size so that the horse is able to lie down, and shall be provided adequate and suitable exercise in arenas, barn yards, paddocks or pastures; or

II. A roofed shelter, with at least 3 sides from November 1 through April 15, shall be provided for horses kept in paddocks or pastures, and said horses shall not be kept tied but shall be able to move around freely. Horses shall have access to the shelter at all times.

435:15 Veterinarian Services and Probable Cause Determinations.

I. A probable cause determination for seizing horses pursuant to a cruelty investigation shall be made only by the state veterinarian or a veterinarian licensed under the provisions of RSA 332-B. No seizing or taking of horses shall be made without a probable cause determination.

II. Pursuant to RSA 644:8, V, a veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made for services rendered under the provisions of this subdivision.

III. Notwithstanding paragraph I, when there is a clear and imminent danger to the animal’s health or life and all efforts to provide a licensed veterinarian have failed, a law enforcement officer, animal control officer, or an agent of a duly licensed humane society who has completed an equine investigators course from a university or law enforcement institute shall constitute probable cause for taking the animal, and as soon as possible have the animal checked by a licensed veterinarian.

435:16 Penalty. Any owner failing to comply with the provisions of this subdivision shall be notified as to the proper care of horses. Upon a second offense, the horse shall be seized and not returned until restitution for the expenses involved in the seizure is made and proof of proper care is given. Upon a third or subsequent offense, the horse shall be permanently seized. Whoever violates the provisions of this subdivision shall be guilty of a [violation] misdemeanor and if death of the horse results, a class B felony.

2 Effective Date. This act shall take effect January 1, 2007.