HB1606: relative to cruelty to a wild animal, fish, or wild bird.

HB 1606-FN - AS AMENDED BY THE HOUSE

19Feb2020... 0373h

2020 SESSION

20-2039

04/01

HOUSE BILL 1606-FN

AN ACT relative to cruelty to a wild animal, fish, or wild bird.

SPONSORS: Rep. Read, Rock. 17; Rep. Spillane, Rock. 2; Rep. W. Thomas, Hills. 21; Rep. Murphy, Hills. 21; Rep. Wall, Straf. 6; Rep. Gay, Rock. 8; Rep. Abrami, Rock. 19; Rep. Abbas, Rock. 8; Rep. DeSimone, Rock. 14; Rep. Kenney, Straf. 6; Sen. Sherman, Dist 24; Sen. Watters, Dist 4

COMMITTEE: Fish and Game and Marine Resources

ANALYSIS

This bill establishes an enhanced criminal penalty for cruelty to any wild animal, fish, or wild bird.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2020... 0373h

20-2039

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to cruelty to a wild animal, fish, or wild bird.

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

1 New Section; Fish and Game Commission; Cruelty to Wild Animals, Fish, or Wild Birds. Amend RSA 206 by inserting after section 19-a the following new section:

206:19-b Cruelty to Wild Animals, Fish, or Wild Birds; Enhanced Penalty.

I.(a) Any person who purposely beats, cruelly whips, tortures or mutilates any wild animal, fish or wild bird as defined in RSA 207:1, or purposely causes any wild animal, fish, or wild bird to be beaten, cruelly whipped, tortured or mutilated shall be guilty of a class B felony.

(b) Any person who negligently beats, cruelly whips, tortures or mutilates any wild animal, fish or wild bird as defined in RSA 207:1, or negligently causes any wild animal, fish or wild bird to be beaten, cruelly whipped, tortured or mutilated shall be guilty of a misdemeanor.

II. It shall be an affirmative defense to prosecution and an actor shall be exempt from enhanced penalties under this section for any manner of taking, open season time limits, permitted scientific investigations or wildlife management practices lawful under title XVIII or administrative rules adopted pursuant to RSA 541:A, whether or not the actor holds a current and valid license issued by the department.

2 Effective Date. This act shall take effect January 1, 2021.

LBAO

20-2039

Amended 2/24/20

HB 1606-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0373h)

AN ACT relative to cruelty to a wild animal, fish, or wild bird.

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

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

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 establishes class B felony and unspecified misdemeanor offenses relative to animal cruelty. 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

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Routine Criminal Felony Case

$484

$498

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 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

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:

Fish and Game Department, Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties