HB 338-FN - AS INTRODUCED
2021 SESSION
21-0263
08/06
HOUSE BILL 338-FN
AN ACT relative to penalties for dog theft and tampering with a dog's radio collar.
SPONSORS: Rep. Sullivan, Sull. 1; Rep. Rollins, Sull. 6; Rep. Goley, Hills. 8; Rep. Comtois,
Belk. 7
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill makes the crime of dog theft a class B felony.
This bill also makes it a crime to remove certain collars from certain dogs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 338-FN - AS INTRODUCED
21-0263
08/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to penalties for dog theft and tampering with a dog's radio collar.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Stealing Dogs; Tampering With Collars. RSA 466:42-a is repealed and reenacted to read as
2 follows:
3 466:42-a Stealing Dogs; Tampering With Collars.
4 I. Whoever steals a dog shall be guilty of a class B felony.
5 II. Whoever distributes or exposes a poisonous substance with intent that the same shall be
6 eaten by any dog shall be liable to the dog's owner for its value and shall be guilty of a class B felony.
7 III.(a) An individual other than the owner or the authorized agent of the owner of a dog,
8 shall not willfully or maliciously remove, tamper with, damage, or destroy a collar, tracking collar, or
9 other electronic device placed on a dog by its owner to maintain control or locate the dog.
10 (b) An individual other than the owner or the authorized agent of the owner of a dog,
11 shall not remove or cause to be removed a microchip from such dog.
12 (c) An individual who violates this paragraph shall be guilty of a misdemeanor.
13 (d) Nothing in this paragraph shall be construed to affect the actions of law enforcement,
14 animal control, or an animal shelter in removing a collar or tracking collar if the dog is in imminent
15 danger or after 7 consecutive days under RSA 466:18-a, and given that all possible effort was made
16 to locate the dog's owner and documentation to that effect is maintained for one year.
17 2 Effective Date. This act shall take effect January 1, 2022.
 LBA
21-0263
Redraft 1/4/21
HB 338-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to penalties for dog theft and tampering with a dog's radio collar.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2021 FY 2022 FY 2023 FY 2024
Appropriation $0 $0 $0 $0
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
COUNTY:
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
METHODOLOGY:
This bill increases the crime of dog theft and poisoning a dog from a misdemeanor offense to a
class B felony and broadens the misdemeanor offense for wrongfully removing a collar to include
damage or destroy a collar, tracking collar or electronic tracking device and microchip.
This bill contains penalties that may have an impact on the New Hampshire judicial and
correctional systems. 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 $55 $55
Class A Misdemeanor $78 $78
Simple Criminal Case $309 $309
Routine Criminal Felony Case $494 $494
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 Has contract with State to
provide services. provide services.
Contract Attorney – Felony $825/Case $825/Case
Contract Attorney – $300/Case $300/Case
Misdemeanor
Assigned Counsel – Felony $60/Hour up to $4,100 $60/Hour up to $4,100
Assigned Counsel – $60/Hour up to $1,400 $60/Hour up to $1,400
Misdemeanor
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 2020 Average Cost of $47,691 $47,691
Incarcerating an Individual
FY 2020 Annual Marginal
Cost of a General Population $6,407 $6,407
Inmate
FY 2020 Average Cost of
Supervising an Individual on $584 $584
Parole/Probation
NH Association of Counties
County Prosecution Costs Indeterminable Indeterminable
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, Departments of Corrections and Justice, Judicial Council, and New Hampshire
Association of Counties