HB 1505  - AS INTRODUCED

 

 

2024 SESSION

24-2756

08/05

 

HOUSE BILL 1505

 

AN ACT establishing an animal abuse offender registry.

 

SPONSORS: Rep. Prudhomme-O'Brien, Rock. 13; Rep. Seidel, Hills. 29; Rep. Read, Rock. 10; Rep. Harley, Rock. 30

 

COMMITTEE: Environment and Agriculture

 

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ANALYSIS

 

This bill establishes an animal abuse offender registry.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2756

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT establishing an animal abuse offender registry.

 

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

 

1  New Chapter; Animal Abuser Registry.  Amend RSA by inserting after chapter 651-F the following new chapter:

CHAPTER 651-G

ANIMAL ABUSER REGISTRY

651-G:1  Definitions. In this chapter:

I.  "Abuser" or "animal abuser" means a person who has been convicted in this state of committing an animal abuse offense.

II. "Animal" means a domestic animal, a household pet, or a wild animal in captivity.

III. "Animal abuse offense" means cruelty to animals under RSA 644:8.

IV.  "Companion animal" means any dog, defined as any live dog of the species Canis familiaris, or cat, defined as any live cat of the species Felis catus.

V.  "Conviction" means a judgment entered by a New Hampshire court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment.

VI.  "Commissioner'' means the commissioner of the department of safety.

VII.  "Department" means the department of safety.

651-G:2  Registration.

I.  There is established an animal abuser registry in the department of safety.  Beginning January 1, 2026, the department shall post a publicly accessible registry on its website of any person convicted of an animal abuse offense on and after that date.

II.(a)  The registry shall include a photograph taken of the convicted animal abuser as part of the booking process, the animal abuser's full legal name, and other identifying data as the department determines is necessary to properly identify the animal abuser and to exclude innocent persons.

(b)  The registry shall not include the abuser's social security number, driver license number, or any other state or federal identification number.

III.  The court clerks shall forward a copy of the judgment and date of birth of all persons convicted of an animal abuse offense to the department within 60 calendar days of the date of judgment.

IV.(a)  Upon a person's first conviction for an animal abuse offense, the department shall maintain the person's name and other identifying information, described in paragraph II, on the registry published under paragraph I for 2 years following the date of conviction, after which time the department shall remove the person's name and identifying information from the registry; provided, that the person is not convicted of another animal abuse offense during that 2-year

period.

(b)  Upon a person's subsequent conviction for an animal abuse offense, the department shall maintain the person's name and other identifying information, described in paragraph II, on the registry published under paragraph I for 5 years following the date of the most recent conviction, after which time the department shall remove the person's name and identifying information from the registry; provided, that the person is not convicted of another animal abuse offense during that 5-year period.

V.  The registry shall remain on the department's website for such time as determined by the commissioner.

VI.  When an individual's name is added to the registry, the department shall notify individuals of their right to petition to have their name expunged from the central registry.  No petition to expunge shall be brought within one year from the date that the petitioner's name was initially entered on the registry.  If the petition to expunge is denied, no further petition shall be brought more frequently than every 3 years thereafter.

651-G:3  Rulemaking.  The commissioner shall adopt rules under RSA 541-A to the establishment and maintenance of the animal abuser registry.

2  Effective Date.  This act shall take effect January 1, 2025.