SB 0420

This bill provides that a person convicted of purposeful cruelty to animals while in the presence of a child under the age of 13 and with the intent of intimidating, threatening, coercing, or terrorizing such person may be sentenced to a term of imprisonment not exceeding 9 years. This bill makes the act of committing or threatening to commit cruelty to animals with the purpose of intimidating, threatening, coercing, or terrorizing another person a criminal threatening offense. This bill also provides that such an act that is committed with the use of a deadly weapon shall be a class B felony.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 Intent. The general court recognizes that exposing children to acts of cruelty to animals may increase the likelihood that such children will themselves commit similar acts. The general court also recognizes that certain persons use acts or threats of cruelty to household pets as a means of intimidating, threatening, coercing, or terrorizing other people, particularly in situations of domestic turmoil. The general court therefore determines that it is appropriate and beneficial to impose extended terms of imprisonment for purposeful acts of cruelty to animals in the presence of children; to make acts or threats of cruelty to animals with the purpose of intimidating, threatening, coercing, or terrorizing another person a criminal threatening offense; and to make an act or threat to commit cruelty to animals with a deadly weapon a class B felony.

2 New Subparagraph; Criminal Threatening; Cruelty to Animals With Purpose of Intimidating, Threatening, Coercing, or Terrorizing. Amend RSA 631:4, I by inserting after subparagraph (e) the following new subparagraph:

(f) The person commits or threatens to commit cruelty to animals, as provided in RSA 644:8, III-a, with the purpose of intimidating, threatening, coercing, or terrorizing another person.

3 Criminal Threatening; Cruelty to Animals With Specific Intent While Using a Deadly Weapon. Amend RSA 631:4, II (a)(2) to read as follows:

(2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I(a), I(b), I(c), [or] I(d), or I(f).

4 Cruelty to Animals in Front of Children; Extended Term of Imprisonment. Amend RSA 644:8, III-a to read as follows:

III-a.(a) A person is guilty of a class B felony who purposely beats, cruelly whips, tortures, or mutilates any animal or causes any animal to be beaten, cruelly whipped, tortured, or mutilated.

(b) A person who commits a crime under subparagraph III-a(a) with the purpose of intimidating, threatening, coercing, or terrorizing a person under 13 years of age and while in the presence of such person under 13 years of age shall be guilty of a felony and may be sentenced to a maximum of 9 years imprisonment.

The Administrative Office of the Courts stated it is not anticipated that the creation of a felony offense for cruelty to animals in the presence of a child under 13 alone will have a significant impact on the Branch in that it is not anticipated there will be a significant number of cases prosecuted under the proposed legislation. To the degree that cases are prosecuted under this legislation, costs will increase.

The Judicial Council assumed that any cases arising from the enactment of this law for which the Indigent Defense Fund may be liable, will, in the first instance be handled by the Public Defender or contract attorneys who accept these cases on a fixed fee basis of $687.50 for each felony charge. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $3,000 for felony cases will apply. 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. This is an enhancement of the existing felony B charge for a person committing cruelty to animals. As such, the language of the bill acts as a self limit on its application, and hence its potential fiscal impact. There will most likely be instances when the situation will occur and these enhanced charges will result. Enhanced sentencing usually results in more aggressive representation and in turn greater costs, as it is more likely fee caps will be reached or exceeded. The Council is unable to predict the number of cases or trials which may arise as a result of the passage of this legislation, therefor, they are unable to estimate the dollar amount of the anticipated costs of such representation.

The Department of Corrections is unable to predict how many, if any, individuals would be incarcerated in a state prison as result of this legislation. The average cost of incarceration for FY 1999 was $19,358 per inmate. The average cost of probation/parole supervision was $842 per inmate.

The Department of Justice has stated this bill will have no fiscal impact on the Department.