HB 1639-FN-LOCAL – AS INTRODUCED
2010 SESSION
08/09
HOUSE BILL 1639-FN-LOCAL
AN ACT relative to the tethering of dogs.
SPONSORS: Rep. Kepner, Rock 15
COMMITTEE: Criminal Justice and Public Safety
This bill adds tethering of dogs for extended periods of time to the definition of criminal animal cruelty.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2379
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the tethering of dogs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Tethering of Dogs; Cruelty to Animals. RSA 644:8, III(f) is repealed and reenacted to read as follows:
(f) Tethers a dog for more than 14 cumulative hours in any 24-hour period. The tether shall:
(1) Be 5 times the length of the dog, from the tip of the nose to the base of the tail;
(2) Terminate at either end with a swivel;
(3) Not weigh more than 1/8 the dog’s weight;
(4) Be free of tangles;
(5) Be connected to the dog by a non-choke type collar or body harness made of nylon or leather; and
(6) Secure the dog in an area free of injury-causing or entangling debris.
(g) Otherwise negligently permits or causes any animal in his possession or custody to be subjected to cruelty, inhumane treatment or unnecessary suffering of any kind.
2 Cruelty to Animals; Seizure of Animals. Amend RSA 644:8, IV-a(a) to read as follows:
IV-a.(a) Except as provided in subparagraphs (b) and (c) any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal when there is probable cause to believe that it has been or is being abused or neglected in violation of paragraphs III or III-a or when there is a clear and imminent danger to the animal’s health or life and there is not sufficient time to obtain a court order. Such officer shall leave a written notice indicating the type and number of animals taken into protective custody, the name of the officer, the time and date taken, the reason it was taken, the procedure to have the animal returned and any other relevant information. Such notice shall be left at the location where the animal was taken into custody. The officer shall provide for proper care and housing of any animal taken into protective custody under this paragraph. If, after 7 days, the animal has not been returned or claimed, the officer shall petition the municipal or district court seeking either permanent custody or a one-week extension of custody or shall file charges under this section. If a week’s extension is granted by the court and after a period of 14 days the animal remains unclaimed, the title and custody of the animal shall rest with the officer on behalf of the officer’s department or society. The department or society may dispose of the animal in any lawful and humane manner as if it were the rightful owner. If after 14 days the officer or the officer’s department determines that charges should be filed under this section, the officer shall petition the court.
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2379
12/15/09
HB 1639-FN-LOCAL - FISCAL NOTE
AN ACT relative to the tethering of dogs.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Corrections, and New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. This bill will have no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would amend RSA 644:8, III to add as a separate category of cruelty to animals the tethering of a dog for more than fourteen cumulative hours in a twenty-four hour period. It also contains requirements for a proper tether. Violations of this provision would be unspecified misdemeanors for a first offense and class B felonies for a second or subsequent offense. The Branch is unable to estimate how many new charges, and the level of charges, that will be brought pursuant to the proposed legislation. In FY 2010 and beyond, the Branch states the cost to process an average class A misdemeanor charge in district court is $51.14, the cost to process a class B misdemeanor charge is $36.89, and the cost to process a class B felony (a routine felony) is $335.98. These figures do not consider any salary increases or decreases that may occur, or the cost of any appeals that may be taken following trial in any potential criminal cases. The exact fiscal impact cannot be determined at this time.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor and $756.25 per felony level offense is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor and a cap of $4,100 for a felony level offense. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal. The exact fiscal impact cannot be determined at this time.
LBAO
10-2379
12/15/09
The Department of Corrections states crime and arrest data is not available in sufficient detail to predict the number of individuals who would likely be subject to this legislation. However, the average annual cost of incarcerating an individual in the general prison population for FY 2009 was $33,110. The cost to supervise an offender by the Department’s Division of Field Services for FY 2009 was $744.
The New Hampshire Association of Counties states to the extent an individual is convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,342 a year.
The Department of Justice states any fiscal impact could be absorbed within their existing budget.