House-passed bill would tighten procedures for animal seizures and add study of cruelty statutes after Lee goat seizure

Representative Judy Aaron, sponsor of HB 616, told the Senate Judiciary Committee the bill emerged from a April seizure in Lee, New Hampshire, and aims to codify due-process protections and clearer procedures when animals are taken into custody in cruelty or neglect investigations.

Aaron described proposed changes to RSA regarding animal seizure procedures that she said were developed in consultation with the New Hampshire Farm Bureau, the New Hampshire Department of Agriculture, UNH Extension and livestock owners. The changes in the bill would, among other points: direct law enforcement to consult a state veterinarian or a designated qualified veterinarian before taking livestock into custody; prohibit confiscation of animals unless the person is charged with cruelty/neglect or the animal is in imminent danger; require owners be told they may petition the court to have their animals examined by a veterinarian of their own choice (at the owner’s expense); prohibit altering confiscated animals before conviction except in extreme suffering cases; forbid custodial organizations from using seized animals for fundraising before a conviction; and require proof that facilities accepting lactating females and offspring have appropriate milking/care capacity.

Aaron said the bill also creates a study committee to review RSA 644:8 and related provisions to remove outdated or conflicting language and improve statutory clarity.

Opposing testimony: multiple witnesses raised concerns that the bill would hinder timely protection of animals. Viana O'Brien, animal-control officer for the Salem Police Department, said the cost-of-care fund reimburses shelters after the fact and that restricting fundraising by custodial organizations or requiring a designated state veterinarian to approve every livestock seizure would reduce the ability to get animals prompt care. “Under this bill, if police don't press criminal charges, removing an animal from its home, for its own safety would result in being charged with theft,” O'Brien testified, saying the provision could force officers to return animals to dangerous conditions.

The New Hampshire SPCA’s equine and farm program manager, Michelle Murch, said the SPCA provides an important statewide capacity to shelter and treat seized livestock; she said cruelty investigations can last 12 to 18 months and that the cost-of-care fund does not cover the full expense. Several humane and animal-rights groups opposed the bill, saying it would limit humane societies’ ability to assist law enforcement and to raise funds needed to care for animals held as living evidence.

Law-enforcement perspective: Hudson Police Chief Tad Dionne and the New Hampshire Association of Chiefs of Police warned the committee the bill, as drafted, could create unworkable burdens on police: mandating a state veterinarian’s involvement in probable-cause determinations and restricting certain seizure paths could delay response and impose higher burdens than in other criminal investigations. Dionne said the Chiefs’ association opposed the bill as drafted and urged formation of a working group that includes law enforcement before statutory changes.

Veterinarian testimony: Dr. Lisa Boyer, a licensed veterinarian and court-qualified expert who participated on-site in the Lee incident, opposed the bill’s requirement that no seizures occur without criminal charges. She said seizure is a last resort but that veterinarians sometimes find animals in imminent danger despite earlier outreach and that requiring charges before seizure would prevent veterinarians and officers from protecting animals in need.

Testimony supporting the bill emphasized reconciling owner rights and animal welfare, preventing conflicts of interest when organizations both seize and later care for animals, and ensuring owners fully understand any documents they sign when asked to surrender custody.

Clarifying details included examples from the Lee case — testimony referenced 45 animals seized with 22 euthanized in that incident — and repeated committee testimony that many cruelty investigations are time- and resource-intensive, and that the state cost-of-care fund provides partial, retrospective reimbursement rather than full upfront coverage.

What the committee heard: the transcript shows strongly divergent views between humane-society and veterinary witnesses and law-enforcement leaders. Supporters called for statutory clarity and stronger due-process protections; opponents warned the changes would impede timely seizures and care. The committee did not record a committee-level vote on HB 616 in the transcript segment provided.