SENATE BILL 102

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Craig W. Brandt and Catherine J. Cullen

 

 

 

 

 

AN ACT

RELATING TO CRIME; PROVIDING A DEFINITION FOR "SEARCH-AND-RESCUE DOG"; INCREASING THE PENALTIES FOR THE INJURY TO OR HARASSMENT OF A POLICE DOG, POLICE HORSE, FIRE DOG OR SEARCH-AND-RESCUE DOG.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-18-13 NMSA 1978 (being Laws 1999, Chapter 107, Section 5) is amended to read:

     "30-18-13. INJURY TO A POLICE DOG, POLICE HORSE, [OR] FIRE DOG OR SEARCH-AND-RESCUE DOG--HARASSMENT OF A POLICE DOG, POLICE HORSE, [OR] FIRE DOG OR SEARCH-AND-RESCUE DOG.--

          A. As used in this section:

                (1) "fire dog" means a dog used by a fire department, a special fire district or the state fire marshal for the primary purpose of aiding in the detection of flammable materials or the investigation of fires;

                (2) "police dog" means a dog used by a law enforcement or corrections agency that is specially trained for law enforcement or corrections work in the areas of tracking, suspect apprehension, crowd control or drug or explosives detection; [and]

                (3) "police horse" means a horse that is used by a law enforcement or corrections agency for law enforcement or corrections work; and

                (4) "search-and-rescue dog" means a dog that is owned, or the service of which is employed, by a fire department, a law enforcement agency, a corrections agency, a special fire district or the state fire marshal for the purpose of aiding in detection or location of a person.

          B. Injury to a police dog, police horse, [or] fire dog or search-and-rescue dog consists of willfully and with intent to injure or prevent the lawful performance of its official duties:

                (1) striking, beating, kicking, cutting, stabbing, shooting or administering poison or any other harmful substance to a police dog, police horse, [or] fire dog or search-and-rescue dog; or

                (2) throwing or placing an object or substance in a manner that is likely to produce injury to a police dog, police horse, [or] fire dog or search-and-rescue dog.

          C. Whoever commits injury to a police dog, police horse, [or] fire dog or search-and-rescue dog when the injury causes the animal minor physical injury or pain is guilty of a [petty misdemeanor] third degree felony and shall be sentenced pursuant to the provisions of Section [31-19-1] 31-18-15 NMSA 1978.

          D. Whoever commits injury to a police dog, police horse, [or] fire dog or search-and-rescue dog when the injury causes the animal serious physical injury or death or directly causes the destruction of the animal is guilty of a [fourth] second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          E. A person convicted of injury to a police dog, police horse, [or] fire dog or search-and-rescue dog may be ordered to make restitution for the animal's veterinary bills or replacement costs of the animal if it is permanently disabled, killed or destroyed.

          F. Harassment of a police dog, police horse, [or] fire dog or search-and-rescue dog consists of a person willfully and maliciously interfering with or obstructing a police dog, police horse, [or] fire dog or search-and-rescue dog by frightening, agitating, harassing or hindering the animal.

          G. Whoever commits harassment of a police dog, police horse, [or] fire dog or search-and-rescue dog is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          H. Whoever commits harassment of a police dog, police horse, [or] fire dog or search-and-rescue dog that results in bodily injury to a person not an accomplice to the criminal offense is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          I. It is an affirmative defense to a prosecution brought pursuant to the provisions of this section that a police dog, police horse, [or] fire dog or search-and-rescue dog was not handled in accordance with well-recognized national handling procedures or was handled in a manner contrary to its own department's handling policies and procedures."

     SECTION 2. Section 31-18-15 NMSA 1978 (being Laws 1977, Chapter 216, Section 4, as amended) is amended to read:

     "31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS DEDUCTIONS.--

          A. As used in a statute that establishes a noncapital felony, the following defined felony classifications and associated basic sentences of imprisonment are as follows:

FELONY CLASSIFICATION           BASIC SENTENCE

first degree felony

resulting in the death 

of a child                      life imprisonment

first degree felony for

aggravated criminal sexual

penetration                     life imprisonment

first degree felony             eighteen years imprisonment

second degree felony

resulting in the death of

a human being                   eighteen years imprisonment

second degree felony for a

sexual offense against a

child                           fifteen years imprisonment

second degree felony when

the injury causes a police

dog, police horse, fire dog

or search-and-rescue dog

serious physical injury

or death or directly causes

the destruction of a police

dog, police horse, fire dog

or search-and-rescue dog        fifteen years imprisonment

second degree felony for

sexual exploitation of

children                        twelve years imprisonment

second degree felony            nine years imprisonment

third degree felony resulting

in the death of a human being   six years imprisonment

third degree felony for a

sexual offense against a

child                           six years imprisonment

third degree felony for sexual

exploitation of children        eleven years imprisonment

third degree felony when

the injury causes a police dog,

police horse, fire dog or

search-and-rescue dog

minor physical injury or pain   five years imprisonment

third degree felony             three years imprisonment

fourth degree felony for

sexual exploitation of

children                        ten years imprisonment

fourth degree felony            eighteen months imprisonment.

          B. The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced pursuant to Subsection A of this section, unless the court alters the sentence pursuant to the provisions of the Criminal Sentencing Act.

          C. A period of parole shall be imposed only for felony convictions wherein a person is sentenced to imprisonment of more than one year, unless the parties to a proceeding agree that a period of parole should be imposed. If a period of parole is imposed, the court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978. If imposed, the period of parole shall be deemed to be part of the sentence of the convicted person in addition to the basic sentence imposed pursuant to Subsection A of this section together with alterations, if any, pursuant to the provisions of the Criminal Sentencing Act.

          D. When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16 or 31-18-17 NMSA 1978 and suspends or defers the basic sentence of imprisonment provided pursuant to the provisions of Subsection A of this section, the period of parole shall be served in accordance with the provisions of Section 31-21-10 NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted. For the purpose of designating a period of parole, a court shall not consider that the basic sentence of imprisonment was suspended or deferred and that the inmate served a period of imprisonment pursuant to the provisions of the Criminal Sentencing Act.

          E. The court may, in addition to the imposition

of a basic sentence of imprisonment, impose a fine not to exceed:

                (1) for a first degree felony resulting in the death of a child, seventeen thousand five hundred dollars ($17,500);

                (2) for a first degree felony for aggravated criminal sexual penetration, seventeen thousand five hundred dollars ($17,500);

                (3) for a first degree felony, fifteen thousand dollars ($15,000);

                (4) for a second degree felony resulting in the death of a human being, twelve thousand five hundred dollars ($12,500);

                (5) for a second degree felony for a sexual offense against a child, twelve thousand five hundred dollars ($12,500);

                (6) for a second degree felony for sexual exploitation of children, five thousand dollars ($5,000);

                (7) for a second degree felony, ten thousand dollars ($10,000);

                (8) for a second degree felony when the injury causes a police dog, police horse, fire dog or search-and-rescue dog serious physical injury or death or directly causes the destruction of a police dog, police horse, fire dog or search-and-rescue dog, ten thousand dollars ($10,000);

                [(8)] (9) for a third degree felony resulting in the death of a human being, five thousand dollars ($5,000);

                [(9)] (10) for a third degree felony for a sexual offense against a child, five thousand dollars ($5,000);

                [(10)] (11) for a third degree felony for sexual exploitation of children, five thousand dollars ($5,000);

                [(11)] (12) for a third or fourth degree felony, five thousand dollars ($5,000); [or]

                (13) for a third degree felony when the injury causes a police dog, police horse, fire dog or search-and-rescue dog minor physical injury or pain, five thousand dollars ($5,000); or

                [(12)] (14) for a fourth degree felony for sexual exploitation of children, five thousand dollars ($5,000).

          F. When the court imposes a sentence of imprisonment for a felony offense, the court shall indicate whether or not the offense is a serious violent offense as defined in Section 33-2-34 NMSA 1978. The court shall inform an offender that the offender's sentence of imprisonment is subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. If the court fails to inform an offender that the offender's sentence is subject to those provisions or if the court provides the offender with erroneous information regarding those provisions, the failure to inform or the error shall not provide a basis for a writ of habeas corpus.

          G. No later than October 31 of each year, the New Mexico sentencing commission shall provide a written report to the secretary of corrections, all New Mexico criminal court judges, the administrative office of the district attorneys and the chief public defender. The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. The corrections department shall allow the commission access to documents used by the department to determine earned meritorious deductions for prisoners."

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