New Hampshire
          TITLE 45 Animals

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        New Hampshire State Constitution
         

        State Veterinarian
        CLIFFORD W. McGINNIS
        Ph: 603-271-2404 Fax: 603-271-1109
        NH Dept. of Agriculture
        Div. of Animal Industry
        P. O. Box 2042
        Concord, NH 03302-2042

        CHAPTER 466A
                                             Wolf Hybrids
                                             Index Of Sections

                § 466-A:1  Definitions.
                § 466-A:2  General Applicability.
                § 466-A:3  Prohibitions.
                § 466-A:4  Vaccination.
                § 466-A:5  Confinement.
                § 466-A:6  Penalty.
         

        § 466-A:1  Definitions. – In this chapter:

        I. "Animal shelter facility" means a facility, including the building and the immediate surrounding area, which is used to house or contain animals and which is owned, operated, and maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

        II. "Canine" means a member of a species of mammal consisting of dogs, wolves, jackals, foxes, and coyotes.

        III. "Hybrid" means an offspring of 2 animals of different species or genera.

        IV. "Owner" means any person keeping, harboring, or having charge or control of a hybrid, or permitting any hybrid to habitually be or remain on, or be lodged or fed within such person's house, yard, or premises. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises hybrids owned by other persons.

        V. "Person" means any individual, partnership, company, association, trust, corporation, governmental unit or agency, or any other legal entity.

        VI. "Wolf" means any canine classified as Canis lupis or Canis rufus.

        VII. "Wolf hybrid" means any canine which has had a wolf ancestor within the previous 4 generations. This definition shall include a wolf or wolf hybrid as either a sire or dam, grandsire or dam, great-grandsire or dam or great-great grandsire or dam. An animal shall also be considered a wolf hybrid if it has been represented by its owner or former owner as having wolf ancestry.

          Source. 1994, 265:1. 1995, 91:1, eff. Sept. 29, 1995.
         

        § 466-A:2  General Applicability. –
        The provisions of RSA 466, RSA 436:99-109 and RSA 644:8, shall apply to wolf hybrids, except as modified by the provisions of this chapter.

          Source. 1994, 265:1. 1995, 91:1, eff. Sept. 29, 1995.
         

        § 466-A:3  Prohibitions. –
        I. No person shall sell, offer for sale, trade, give away, acquire, import, export, release or cause to be released a wolf hybrid in the state of New Hampshire, except as provided in paragraphs II, II-a, or II-b.

        II. No person shall possess a wolf hybrid, except for:

          (a) Those wolf hybrids that the person owns while residing in New Hampshire on June 6, 1994;
          (b) Those wolf hybrids born in New Hampshire to a canine that was both pregnant with such wolf hybrids and owned in New Hampshire on June 6, 1994; or
          (c) Those wolf hybrids used as sled dogs which are temporarily brought into the state for competitive events.
        II-a. A person may import a wolf hybrid provided the wolf hybrid is spayed or neutered and has proper documentation of the spaying or neutering.

        II-b. The transfer of ownership and possession of a wolf hybrid from a person to an animal shelter facility is permitted.

        III. Any person possessing a wolf hybrid shall keep accurate licensing and vaccination records, as required by RSA 466-A:2 and neutering records, as provided in RSA 466-A:3, II-a, which shall be available for inspection by an animal control officer or law enforcement officer.

          Source. 1994, 265:1. 1995, 91:3-6, eff. Sept. 29, 1995.

        § 466-A:4  Vaccination. –
        The owner of a wolf hybrid shall be required by the veterinarian administering the rabies vaccination, as required by RSA 436:100, to sign an affidavit in the presence of a veterinarian indicating awareness that the use of the canine-approved vaccine on wolf hybrids is experimental and acknowledging that neither the veterinarian administering the vaccine nor the manufacturer of the vaccine shall be liable in the event the wolf hybrid contracts rabies. The commissioner of the department of agriculture, markets, and food shall determine the form and content of this affidavit by rules adopted pursuant to RSA 541-A. If the commissioner of agriculture, markets, and food makes a determination that the rabies vaccine is proven to be effective when administered to wolf hybrids, then the signing of this affidavit shall no longer be required.

          Source. 1994, 265:1. 1995, 130:4, 5, eff. July 23, 1995.

        § 466-A:5  Confinement. –
        Each wolf hybrid shall be under the physical control of the owner or confined in an enclosure or structure sufficient to prohibit escape. Adequate facilities and shelter, clean of waste and debris and free of infestation, shall be provided for keeping such animal.

          Source. 1994, 265:1, eff. June 6, 1994.

        § 466-A:6  Penalty. –
        Any person failing to meet the requirements of this chapter shall be guilty of a class A misdemeanor.

          Source. 1994, 265:1, eff. June 6, 1994.


        § 651:2  Sentences and Limitations. -
        I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine.

        II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed:

          (a) Fifteen years for a class A felony,
          (b) Seven years for a class B felony,
          (c) One year for a class A misdemeanor,
          (d) Life imprisonment for murder in the second degree, and, in the case of a felony only, a minimum which is not to exceed 1/2 of the maximum, or if the maximum is life imprisonment, such minimum term as the court may order.
        II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA 630:1-a.

        II-b. A person convicted of the felonious use of a firearm, as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying felony, be given a minimum mandatory sentence of one year imprisonment for a first offense and a minimum mandatory sentence of 3 years' imprisonment for any subsequent offense. Neither the whole nor any part of the additional sentence of imprisonment hereby provided shall be served concurrently with any other term nor shall the whole or any part of such additional term of imprisonment be suspended. No action brought to enforce sentencing under this section shall be continued for sentencing, nor shall the provisions of RSA 651-A relative to parole apply to any sentence of imprisonment imposed.

        II-c. A person convicted of attempted murder shall be sentenced to a term of not more than 30 years imprisonment.

        II-d. A person convicted of manslaughter shall be sentenced as provided in RSA 630:2, II.

        II-e. To the minimum sentence of every person who is sentenced to imprisonment for a maximum of more than one year shall be added a disciplinary period equal to 150 days for each year of the minimum term of the sentence, to be prorated for any part of the year. The presiding justice shall certify, at the time of sentencing, the minimum term of the sentence and the additional disciplinary period required under this paragraph. This additional disciplinary period may be reduced for good conduct as provided in RSA 651-A:22. There shall be no addition to the sentence under this section for the period of pre-trial confinement for which credit against the sentence is awarded pursuant to RSA 651-A:23.

        II-f. A person convicted of violating RSA 159:3-a, I shall be sentenced as provided in RSA 159:3-a, II and III.

        II-g. If a person is convicted of a felony, an element of which is the possession, use or attempted use of a deadly weapon, and the deadly weapon is a firearm, such person may be sentenced to a maximum term of 20 years' imprisonment in lieu of any other sentence prescribed for the crime. The person shall be given a minimum mandatory sentence of not less than 3 years' imprisonment for a first offense and a minimum mandatory sentence of not less than 6 years' imprisonment if such person has been previously convicted of any state or federal offense for which the maximum penalty provided was imprisonment in excess of one year, and an element of which was the possession, use or attempted use of a firearm. Neither the whole nor any part of the minimum sentence imposed under this paragraph shall be suspended or reduced.

        III. A person convicted of a class B misdemeanor may be sentenced to conditional or unconditional discharge, a fine, or other sanctions, which shall not include incarceration or probation but may include monitoring by the department of corrections if deemed necessary and appropriate.

        III-a. A person convicted of a violation may be sentenced to conditional or unconditional discharge, or a fine.

        IV. A fine may be imposed in addition to any sentence of imprisonment, probation, or conditional discharge. The limitations on amounts of fines authorized in subparagraphs (a) and (b) shall not include the amount of any civil penalty, the imposition of which is authorized by statute or by a properly adopted local ordinance, code, or regulation. The amount of any fine imposed on:

          (a) Any individual may not exceed $4,000 for a felony, $2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor, and $1,000 for a violation.
          (b) A corporation or unincorporated association may not exceed $100,000 for a felony, $20,000 for a misdemeanor and $1,000 for a violation. A writ of execution may be issued by the court against the corporation or unincorporated association to compel payment of the fine, together with costs and interest.
          (c) If a defendant has gained property through the commission of any felony, then in lieu of the amounts authorized in paragraphs (a) and (b), the fine may be an amount not to exceed double the amount of that gain.
        V. A person may be placed on probation if the court finds that such person is in need of the supervision and guidance that the probation service can provide under such conditions as the court may impose. The period of probation shall be for a period to be fixed by the court not to exceed 5 years for a felony and 2 years for a class A misdemeanor. Upon petition of the probation officer or the probationer, the period may be terminated sooner by the court if the conduct of the probationer warrants it.
         
          (b) In cases of persons convicted of felonies or class A misdemeanors, or in cases of persons found to be habitual offenders within the meaning of RSA 259:39 and convicted of an offense under RSA 262:23, the sentence may include, as a condition of probation, confinement to a person's place of residence for not more than one year in case of a class A misdemeanor or more than 5 years in case of a felony. Such home confinement may be monitored by a probation officer and may be supplemented, as determined by the department of corrections or by the county department of corrections, by electronic monitoring to verify compliance.

          (c) Upon recommendation by the department of corrections or by the county department of corrections, the court may, as a condition of probation, order an incarceration-bound offender placed in an intensive supervision program as an alternative to incarceration, under requirements and restrictions established by the department of corrections or by the county department of corrections.

          (d) Upon recommendation by the department of corrections or by the county department of corrections, the court may sentence an incarceration-bound offender to a special alternative incarceration program involving short term confinement followed by intensive community supervision.

          (e) The department of corrections and the various county departments of corrections shall adopt rules governing eligibility for home confinement, intensive supervision and special alternative incarceration programs.

          (f) Any offender placed in a home confinement, intensive supervision or special alternative incarceration program who violates the conditions or restrictions of probation shall be subject to immediate arrest by a probation officer or any authorized law enforcement officer and brought before the court for an expeditious hearing pending further disposition.

          (g) The court may include, as a condition of probation, restitution to the victim as provided in RSA 651:62-67 or performance of uncompensated public service as provided in RSA 651:68-70.

        VI. A person may be sentenced to a period of conditional discharge if such person is not imprisoned and the court is of the opinion that probationary supervision is unnecessary, but that the defendant's conduct should be according to conditions determined by the court. Such conditions may include:
         
          (1) Restrictions on the defendant's travel, association, place of abode, such as will protect the victim of the crime or insure the public peace;
          (2) An order requiring the defendant to attend counselling or any other mode of treatment the court deems appropriate;
          (3) Restitution to the victim; and
          (4) Performance of uncompensated public service as provided in RSA 651:68-70.
        (b) The period of a conditional discharge shall be 3 years for a felony and one year for a misdemeanor or violation. However, if the court has required as a condition that the defendant make restitution or reparation to the victim of the defendant's offense or that the defendant perform uncompensated public service and that condition has not been satisfied, the court may, at any time prior to the termination of the above periods, extend the period for a felony by no more than 2 years and for a misdemeanor or violation by no more than one year in order to allow the defendant to satisfy the condition. During any period of conditional discharge the court may, upon its own motion or on petition of the defendant, discharge the defendant unconditionally if the conduct of the defendant warrants it. The court is not required to revoke a conditional discharge if the defendant commits an additional offense or violates a condition.

        VI-a. [Repealed.]

        VI-b. A person sentenced to conditional discharge under paragraph VI may apply for annulment of the criminal record under RSA 651:5.

        VII. When a probation or a conditional discharge is revoked, the defendant may be fined, as authorized by paragraph IV, if a fine was not imposed in addition to the probation or conditional discharge. Otherwise the defendant shall be sentenced to imprisonment as authorized by paragraph II.

        VIII. A person may be granted an unconditional discharge if the court is of the opinion that no proper purpose would be served by imposing any condition or supervision upon the defendant's release. A sentence of unconditional discharge is for all purposes a final judgment of conviction.

          Source. 1971, 518:1. 1973, 370:2. 1974, 34:13, 14. 1977, 397:1; 403:2. 1979, 126:6; 377:8. 1981, 397:1. 1982, 36:2. 1983, 382:8. 1986, 156:4. 1988, 19:4. 1989, 295:2. 1990, 95:1. 1991, 355:102. 1992, 19:1; 269:8-10; 284:85, 86, XIII. 1994, 192:1, 2. 1995, 237:4, eff. Jan. 1, 1996. 1996, 93:2-9, eff. Jan. 1, 1997.


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