Bill Text: NH HB529 | 2021 | Regular Session | Enrolled
Bill Title: Relative to cruelty to a wild animal, fish, or wild bird.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-07-29 - Signed by Governor Sununu 07/28/2021; Chapter 156; Eff: 01/01/2022 [HB529 Detail]
Download: New_Hampshire-2021-HB529-Enrolled.html
HB 529-FN - VERSION ADOPTED BY BOTH BODIES
2021 SESSION
21-0591
04/10
HOUSE BILL 529-FN
AN ACT relative to cruelty to a wild animal, fish, or wild bird.
SPONSORS: Rep. Read, Rock. 17; Rep. Toll, Ches. 16; Rep. Gay, Rock. 8; Rep. Danielson, Hills. 7; Rep. Spillane, Rock. 2; Rep. Abrami, Rock. 19; Rep. DeSimone, Rock. 14; Rep. Wall, Straf. 6; Rep. K. Murray, Rock. 24; Sen. Sherman, Dist 24; Sen. Watters, Dist 4; Sen. Bradley, Dist 3
COMMITTEE: Fish and Game and Marine Resources
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0591
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
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, 2022.
21-0591
1/8/21
HB 529-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to cruelty to a wild animal, fish, or wild bird.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill establishes criminal penalties relative to cruelty to wild animals, fish, or wild birds. 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 |
Violation Level Offense | $53 | $53 |
Class B Misdemeanor | $55 | $55 |
Class A Misdemeanor | $78 | $78 |
Simple Criminal Case | $309 | $309 |
Routine Criminal Felony Case | $494 | $494 |
Appeals | Varies | Varies |
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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 |
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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 |
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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 |
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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:
Judicial Branch, Department of Justice, Department of Corrections, Judicial Council, and New Hampshire Association of Counties
