SENATE BILL 348
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Richard C. Martinez
AN ACT
RELATING TO CRIMINAL LAW; EXPANDING AND CLARIFYING THE CRIMES OF CRUELTY TO ANIMALS AND AGGRAVATED CRUELTY TO ANIMALS; CLARIFYING THE APPLICATION OF THE PRACTICE OF VETERINARY MEDICINE; INCREASING THE PENALTY WHEN CRUELTY CAUSES DEATH OR GREAT BODILY HARM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-18-1 NMSA 1978 (being Laws 1999, Chapter 107, Section 1, as amended) is amended to read:
"30-18-1. CRUELTY TO ANIMALS--[EXTREME] AGGRAVATED CRUELTY TO ANIMALS--PENALTIES--EXCEPTIONS--DEFINITIONS.--
[A. As used in this section, "animal" does not include insects or reptiles;
B.] A. Cruelty to animals consists of a person:
(1) negligently mistreating [injuring] an animal;
(2) negligently killing an animal without lawful justification; [or tormenting an animal; or
(2)] (3) negligently abandoning [or] an animal under that person's custody or control; or
(4) negligently failing to provide necessary sustenance to an animal under that person's custody or control.
[C. As used in Subsection B of this section, "lawful justification" means:
(1) humanely destroying a sick or injured
animal; or
(2) protecting a person or animal from death or injury due to an attack by another animal.
D.] B. Whoever commits cruelty to animals is guilty of a misdemeanor and [shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978], upon a fourth or subsequent conviction [for committing cruelty to animals, the offender], is guilty of a fourth degree felony. [and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
E. Extreme] C. Aggravated cruelty to animals consists of a person:
(1) intentionally or maliciously [torturing, mutilating, injuring or poisoning] mistreating an animal; [or]
(2) negligently mistreating an animal that results in death or great bodily harm to the animal;
(3) intentionally or maliciously killing an animal without lawful justification;
(4) negligently or intentionally abandoning an animal under the person's custody or control that results in death or great bodily harm to the animal;
(5) negligently or intentionally failing to provide necessary sustenance to an animal under the person's custody or control that results in death or great bodily harm to the animal; or
(6) engaging in an act of bestiality.
[F.] D. Whoever commits [extreme] aggravated cruelty to animals is guilty of a fourth degree felony. [and shall be sentenced pursuant to the provisions of Section
31-18-15 NMSA 1978.
G.] E. The court may order a person convicted for committing cruelty to animals to participate in an animal cruelty prevention program or an animal cruelty education program. The court may also order a person convicted for committing cruelty to animals or [extreme] aggravated cruelty to animals to obtain psychological counseling for treatment of a mental health disorder if, in the court's judgment, the mental health disorder contributed to the commission of the criminal offense. The offender shall bear the expense of participating in an animal cruelty prevention program, animal cruelty education program or psychological counseling ordered by the court.
[H.] F. If a child is adjudicated of cruelty to animals, the court shall order an assessment and any necessary psychological counseling or treatment of the child.
[I.] G. The provisions of this section do not apply to:
(1) fishing, hunting, falconry, taking and trapping, as provided in Chapter 17 NMSA 1978;
(2) the practice of veterinary medicine, as provided in Chapter 61, Article 14 NMSA 1978, when the practice is in accordance with commonly accepted veterinary practices; (3) rodent or pest control, as provided in Chapter 77, Article 15 NMSA 1978;
(4) the treatment of livestock and other animals used on farms and ranches for the production of food, fiber or other agricultural products, when the treatment is in accordance with commonly accepted agricultural animal husbandry practices;
(5) the use of commonly accepted Mexican and American rodeo practices, unless otherwise prohibited by law;
(6) research facilities [licensed] registered pursuant to [the provisions of] 7 U.S.C. Section 2136, except when knowingly operating outside provisions governing the treatment of animals of a research or maintenance protocol approved by the institutional animal care and use committee of the facility; or
(7) other [similar] commonly accepted activities not otherwise prohibited by law.
H. If there is a dispute as to what constitutes commonly accepted veterinary practices, the board of veterinary medicine shall hold a hearing to determine if the practice in question is a commonly accepted veterinary practice.
[J.] I. If there is a dispute as to what constitutes commonly accepted agricultural animal husbandry practices or commonly accepted rodeo practices, the New Mexico livestock board shall hold a hearing to determine if the practice in question is a commonly accepted agricultural animal husbandry practice or commonly accepted rodeo practice.
J. As used in this section:
(1) "animal" means all animals, including captive reptiles, but not insects;
(2) "bestiality" means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, penis or vagina of the other;
(3) "great bodily harm" means an injury that creates a high probability of death, that causes serious disfigurement or that results in permanent or protracted loss or impairment of the function of any member or organ of the body;
(4) "lawful justification" means:
(a) humanely destroying a sick or injured animal; or
(b) protecting a person or animal from death or injury due to an attack by another animal;
(5) "mistreating" means tormenting, torturing, mutilating, poisoning or otherwise inflicting unnecessary physical injury upon an animal;
(6) "negligently" refers to criminal negligence and means that a person knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of an animal; and
(7) "sustenance" means food, water or shelter; provided that shelter with regard to livestock shall be in keeping with commonly accepted agricultural animal husbandry practices."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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