HB 278-FN – AS INTRODUCED
2009 SESSION
01/04
HOUSE BILL 278-FN
AN ACT relative to the penalty for mistreating service animals.
SPONSORS: Rep. Parkhurst, Ches 4; Rep. Skinder, Carr 1; Sen. Roberge, Dist 9; Sen. Cilley, Dist 6
COMMITTEE: Criminal Justice and Public Safety
This bill increases the penalty from a class A misdemeanor to a class B felony for cruelty to service animals.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0157
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the penalty for mistreating service animals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Cruelty to Service Animals. RSA 167-D:9, II is repealed and reenacted to read as follows:
II. Any person who beats, kicks, or strikes a hearing ear dog, search and rescue dog, or service animal, with an intent to injure, mutilate, torture, or disable such dog or animal, or who purposely causes the death of such dog or animal shall be guilty of a class B felony.
2 New Paragraph; Service Animals; Definition Added. Amend RSA 167-D:1 by inserting after paragraph XI the following new paragraph:
XII. “Service animal” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
3 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0157
01/07/09
HB 278-FN - FISCAL NOTE
AN ACT relative to the penalty for mistreating service animals.
FISCAL IMPACT
The Judicial Branch, Judicial Council, Association of Counties and Department of Corrections state this bill may increase state general fund expenditures and decrease county expenditures by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on state, county and local revenue or local expenditures.
METHODOLOGY
The Judicial Branch states this bill increases the penalty from a class A misdemeanor to a class B felony for cruelty to service animals. Increased cost to the Branch results from the difference in cost of processing the two different levels of offenses. The Branch calculates the judicial and clerical cost of a class A misdemeanor at $51.14 per charge, and a class B felony at $335.98 per charge using current salary levels, an increase of $284.84 per charge. There is also the potential for appeals, resulting in additional costs. The Branch is unable to predict the number of prosecutions that will be brought pursuant to the proposed statute.
The Judicial Council states the increase in cost to the indigent defense fund is the difference between the costs of a class A misdemeanor and a class B felony. The Council assumes that any cases arising from the enactment of this bill, for which the Indigent Defense Fund may be liable, will in the first instance be handled by the public defender or a contract attorney on a fixed fee basis of $756.25 per class B felony charged rather than the $275 for a class A misdemeanor. This represents an increase in expenditure to the indigent defense fund of $481.25 per charge. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $4,100 per felony charge will apply, rather than the $1,400 for a misdemeanor. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any case where a defendant has been found guilty may also result in appeals to the Supreme Court which would have a cost implication for Indigent Defense expenditures made by the State. The Council is unable to predict the number of cases that may result from the passage of this bill, and is unable to determine the exact fiscal impact at this time.
The Association of Counties states to the extent individuals are prosecuted under this law and sentenced to the state prison instead of the county correctional facility, county expenditures may decrease. The average annual cost for counties to incarcerate inmates is $30,165. The Association states it unable to determine the decrease in individuals sentenced to county correctional facilities as a result of this enhanced penalty and therefore cannot determine the fiscal impact on county expenditures.
The Department of Corrections states it is not able to determine the number of individuals that will be convicted of a felony and sentenced to the state prison under the proposed bill. The average annual cost of incarcerating an individual in the general population is $32,753 and the cost to supervise an offender by the Department’s Division of Field Services is $779 based on the fiscal year ended June 30, 2008 data.
This bill does not contain an appropriation.