HB623: relative to animals abandoned in the foreclosure process.

HB 623-FN - AS INTRODUCED

2017 SESSION

17-0388

08/01

HOUSE BILL 623-FN

AN ACT relative to animals abandoned in the foreclosure process.

SPONSORS: Rep. Chirichiello, Rock. 6

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill makes it a crime to abandon animals at a foreclosed property.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0388

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to animals abandoned in the foreclosure process.

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

1 New Subparagraph; Neglect of Animals; Foreclosure. Amend RSA 644:8, III(e) and (f) to read as follows:

(e) Negligently abandons any animal previously in his or her possession or custody by causing such animal to be left without supervision or adequate provision for its care, sustenance or shelter; [or]

(f) Otherwise negligently permits or causes any animal in his or her possession or custody to be subjected to cruelty, inhumane treatment or unnecessary suffering of any kind; or

(g) Upon receiving a notice of foreclosure, does not make arrangements for such animal or animals in his or her care upon his or her departure from the foreclosed unit. Upon the arrival of the sheriff to carry out eviction procedures, if the animal or animals have not been removed, the animal or animals shall be considered abandoned and care of such animal or animals shall pass to an animal care center under RSA 437:20.

2 Effective Date. This act shall take effect January 1, 2018.

LBAO 17-0388

1/23/17

HB 623-FN- FISCAL NOTE

as introduced

AN ACT relative to animals abandoned in the foreclosure process.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill makes it a crime (unspecified misdemeanor for a first offense and class B felony for a second offense) to abandon animals at a foreclosed property and provides that upon the arrival of the sheriff to carry out eviction procedures, care of any abandoned animals shall pass to an animal care center. These new penalties 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 2018

FY 2019

Class B Misdemeanor

$49

$50

Class A Misdemeanor

$71

$72

Routine Criminal Felony Case

$451

$456

Appeals

Varies

Varies

It should be noted average case cost estimates for FY 2018 and FY 2019 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

$756/Case

$756/Case

Contract Attorney – Misdemeanor

$275/Case

$275/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%).

* The Council’s budget request for the FY 2018-19 biennium includes an increase to $300 per case for contract attorney misdemeanor cases.

Department of Corrections

FY 2016 Average Cost of Incarcerating an Individual

$35,832

$35,832

FY 2016 Average Cost of Supervising an Individual on Parole/Probation

$573

$573

The New Hampshire Association of Counties states this bill will not impact county revenue or expenditures.

The New Hampshire Municipal Association states this bill will not impact local revenue or expenditures.

AGENCIES CONTACTED:

Judicial Branch, New Hampshire Association of Counties, and New Hampshire Municipal Association