HB 529-FN - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 529-FN - AS INTRODUCED
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 1 New Section; Fish and Game Commission; Cruelty to Wild Animals, Fish, or Wild Birds.
2 Amend RSA 206 by inserting after section 19-a the following new section:
3 206:19-b Cruelty to Wild Animals, Fish, or Wild Birds; Enhanced Penalty.
4 I.(a) Any person who purposely beats, cruelly whips, tortures or mutilates any wild animal,
5 fish or wild bird as defined in RSA 207:1, or purposely causes any wild animal, fish, or wild bird to
6 be beaten, cruelly whipped, tortured or mutilated shall be guilty of a class B felony.
7 (b) Any person who negligently beats, cruelly whips, tortures or mutilates any wild
8 animal, fish or wild bird as defined in RSA 207:1, or negligently causes any wild animal, fish or wild
9 bird to be beaten, cruelly whipped, tortured or mutilated shall be guilty of a misdemeanor.
10 II. It shall be an affirmative defense to prosecution and an actor shall be exempt from
11 enhanced penalties under this section for any manner of taking, open season time limits, permitted
12 scientific investigations or wildlife management practices lawful under title XVIII or administrative
13 rules adopted pursuant to RSA 541-A, whether or not the actor holds a current and valid license
14 issued by the department.
15 2 Effective Date. This act shall take effect January 1, 2022.
 LBA
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
Estimated Increase / (Decrease)
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
COUNTY:
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
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
Estimated Average Daily Cost $105 to $120 $105 to $120
of Incarcerating an Individual
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