HB1723: relative to the reckless beating of animals.

HB 1723-FN - AS INTRODUCED

2018 SESSION

18-2652

08/04

HOUSE BILL 1723-FN

AN ACT relative to the reckless beating of animals.

SPONSORS: Rep. Hynes, Hills. 21

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill changes the intent required to be charged with felony cruelty to animals.

This bill also makes it a felony if certain acts of animal cruelty cause the death of the animal.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2652

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT relative to the reckless beating of animals.

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

1 Animal Cruelty; Beating of Animals; Cruelty Resulting in Death. Amend RSA 644:8, III-a to read as follows:

III-a. A person is guilty of a class B felony who [purposely] recklessly beats, cruelly whips, tortures, or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or mutilated.

III-b. A person is guilty of a class B felony if such person commits an act listed in subparagraphs III(a), III(b), or III(c) and the conduct causes the death of the animal.

2 Effective Date. This act shall take effect January 1, 2019.

LBAO

18-2652

11/15/17

HB 1723-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the reckless beating of animals.

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

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill changes the penalty from a misdemeanor for a first offense to a class B felony (treated as a routine criminal for certain acts of animal cruelty) that results in the death of the animal. These 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 2019

FY 2020

Class B Misdemeanor

$50

$51

Class A Misdemeanor

$72

$73

Routine Criminal Felony Case

$457

$462

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2019 and FY 2020 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 2017 Average Cost of Incarcerating an Individual

$36,960

$36,960

FY 2017 Annual Marginal Cost of a General Population Inmate

$4,555

$4,555

FY 2017 Average Cost of Supervising an Individual on Parole/Probation

$557

$557

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

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.

The Department of Agriculture, Markets & Food states this bill will not change the number of animal cruelty cases

AGENCIES CONTACTED:

Judicial Branch, Department of Justice, Department of Corrections, Department of Agriculture, Markets & Food, and Judicial Council