CHAPTER 155

HB 338-FN - FINAL VERSION

 

8Apr2021... 0395h

05/13/2021   1296s

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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AMENDED ANALYSIS

 

This bill makes the first instance of the crime of dog theft a misdemeanor, the second instance a class B felony, and any subsequent instance a class A 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Apr2021... 0395h

05/13/2021   1296s 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:

 

155:1  Stealing Dogs; Tampering With Collars.  RSA 466:42-a is repealed and reenacted to read as follows:

466:42-a  Stealing Dogs; Tampering With Collars.

I.  Whoever steals a dog shall be guilty of a misdemeanor for the first and second offense, and a class B felony for each subsequent offense.

II.  Whoever distributes or exposes a poisonous substance with intent that the same shall be eaten by any dog shall be liable to the dog's owner for its value and shall be guilty of a class B felony.

III.(a)  An individual other than the owner or the authorized agent of the owner of a dog, shall not willfully or maliciously remove, tamper with, damage, or destroy a collar, tracking collar, or other electronic device placed on a dog by its owner to maintain control or locate the dog.

(b)  An individual other than the owner or the authorized agent of the owner of a dog, shall not remove or cause to be removed a microchip from such dog.

(c)  An individual who violates this paragraph shall be guilty of a misdemeanor.

(d)  Nothing in this paragraph shall be construed to affect the actions of law enforcement, animal control, or an animal shelter in removing a collar or tracking collar if the dog is in imminent danger or after 7 consecutive days under RSA 466:18-a, and given that all possible effort was made to locate the dog's owner and documentation to that effect is maintained for one year.

155:2  Effective Date.  This act shall take effect January 1, 2022.

 

Approved: July 28, 2021

Effective Date: January 01, 2022