0001| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 1347 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; | 0013| CREATING CRIMES; PROVIDING FOR PENALTIES FOR INJURY TO OR | 0014| HARASSMENT OF A POLICE DOG, POLICE HORSE OR FIRE DOG, AND FOR | 0015| EXTREME CRUELTY OR CRUELTY TO DOMESTIC CANINE AND FELINE | 0016| ANIMALS; PROVIDING FOR SEIZURE OF DOMESTIC CANINE AND FELINE | 0017| ANIMALS; DECLARING AN EMERGENCY. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. [NEW MATERIAL] INJURY TO A POLICE DOG, POLICE | 0021| HORSE OR FIRE DOG--HARASSMENT OF A POLICE DOG, POLICE HORSE OR | 0022| FIRE DOG.-- | 0023| A. As used in this section: | 0024| (1) "fire dog" means a dog used by a fire | 0025| department, special fire district or the state fire marshal for | 0001| the primary purpose of aiding in the detection of flammable | 0002| materials or the investigation of fires; | 0003| (2) "police dog" means a dog used by a law | 0004| enforcement or corrections agency that is especially trained | 0005| for law enforcement or corrections work in the areas of | 0006| tracking, suspect apprehension or crowd control or drug or | 0007| explosives detection; and | 0008| (3) "police horse" means a horse that is used | 0009| by a law enforcement or corrections agency for law enforcement | 0010| or corrections work. | 0011| B. Injury to a police dog, police horse or fire dog | 0012| consists of willfully and maliciously and, with no legal | 0013| justification, striking, beating, kicking, cutting, stabbing, | 0014| shooting with a firearm, administering poison or other harmful | 0015| or stupefying substance to or throwing, hurling or projecting | 0016| at or placing a rock, object or other substance that is used in | 0017| such a manner as to be capable of producing injury and likely | 0018| to produce injury in the path of a police dog, police horse, | 0019| fire dog or other animal used by a law enforcement, corrections | 0020| or fire agency. | 0021| Whoever commits injury to a police dog, police horse or | 0022| fire dog when the injury causes minor physical injury or pain | 0023| is guilty of a fourth degree felony and shall be sentenced | 0024| pursuant to the provisions of Section 31-18-15 NMSA 1978. | 0025| Whoever commits injury to a police dog, police horse or | 0001| fire dog when the injury causes serious physical injury, | 0002| including bone fracture, loss or impairment or function of a | 0003| bodily member, wounds requiring extensive suturing or serious | 0004| crippling or death or destruction of the dog or horse is guilty of | 0005| a third degree felony and shall be sentenced pursuant to the | 0006| provisions of Section 31-18-15 NMSA 1978. | 0007| C. A person convicted of injury to a police dog, | 0008| police horse or fire dog shall be ordered to make restitution for | 0009| veterinary bills or replacement costs of the animal if it is | 0010| permanently disabled, killed or destroyed. | 0011| D. Harassment of a police dog, police horse or fire | 0012| dog consists of a person willfully and maliciously and with no | 0013| legal justification interfering with or obstructing a dog, horse | 0014| or other animal used by a law enforcement, corrections or fire | 0015| agency by frightening, teasing, agitating, harassing or hindering | 0016| the dog, horse or other animal. | 0017| Whoever commits harassment of a police dog, police horse or | 0018| fire dog is guilty of a misdemeanor and shall be sentenced | 0019| pursuant to the provisions of Section 31-19-1 NMSA 1978. | 0020| Whoever commits harassment of a police dog, police horse or | 0021| fire dog that results in bodily injury to a person not an | 0022| accomplice is guilty of a fourth degree felony and shall be | 0023| sentenced pursuant to the provisions of Section 31-18-15 NMSA | 0024| 1978. | 0025| Section 2. Section 30-18-2.1 NMSA 1978 (being Laws 1981, | 0001| Chapter 226, Section 1) is amended to read: | 0002| "30-18-2.1. [MALICIOUS SLAUGHTER OF DOMESTIC CANINE | 0003| ANIMALS] EXTREME CRUELTY OR CRUELTY TO DOMESTIC CANINE OR FELINE | 0004| ANIMALS--PENALTY--EXCEPTION.--[Malicious slaughter of domestic | 0005| canine animals consists of willfully and maliciously poisoning or | 0006| killing any two or more domestic canine animals as part of a | 0007| pattern of activity involving the slaughter of two or more | 0008| domestic canine animals within a period of one month unless such | 0009| animals are found on the property of the person killing them and | 0010| constitute a threat or menace to human safety or to livestock, | 0011| poultry or similar property or are killed in close proximity to a | 0012| farm or ranch where they have killed or injured livestock, poultry | 0013| or similar property. | 0014| Whoever commits malicious slaughter of domestic canine | 0015| animals is guilty of a misdemeanor and upon conviction shall be | 0016| imprisoned in the county jail for a definite term less than one | 0017| year or to the payment of a fine of not less than one thousand | 0018| dollars ($1,000) nor more than two thousand five hundred dollars | 0019| ($2,500), or to both such fine and imprisonment in the discretion | 0020| of the judge.] | 0021| A. Extreme cruelty to domestic canine or feline | 0022| animals consists of: | 0023| (1) intentionally torturing, mutilating, | 0024| injuring or poisoning a domestic canine or feline animal; or | 0025| (2) cruelly killing a domestic canine or feline | 0001| animal. | 0002| Whoever commits extreme cruelty to domestic canine or feline | 0003| animals is guilty of a fourth degree felony and shall be sentenced | 0004| pursuant to the provisions of Section 31-18-15 NMSA 1978. | 0005| B. Cruelty to domestic canine or feline animals | 0006| consists of: | 0007| (1) failing to provide a domestic canine or | 0008| feline animal with necessary food, water, shelter or veterinary | 0009| care for serious illness or injury or confining an animal in an | 0010| area of extreme temperature that would endanger the animal's life; | 0011| (2) tormenting a domestic canine or feline | 0012| animal; or | 0013| (3) abandoning a domestic canine or feline | 0014| animal, knowing that no provision has been made for food or care. | 0015| Whoever commits cruelty to domestic canine or feline animals | 0016| is guilty of a misdemeanor and shall be sentenced pursuant to the | 0017| provisions of Section 31-19-1 NMSA 1978. Upon a second or | 0018| subsequent conviction of cruelty to domestic canine or feline | 0019| animals, the offender is guilty of a fourth degree felony and | 0020| shall be sentenced pursuant to the provisions of Section 31-18-15 | 0021| NMSA 1978. | 0022| C. The court may order a person convicted for | 0023| violating provisions of this section to participate in available | 0024| animal cruelty prevention programs or education programs or to | 0025| obtain psychological counseling for treatment of mental health | 0001| disorders that, in the court's judgment, contributed to the | 0002| commission of the crime. The offender shall bear any costs | 0003| incurred for participation in counseling or treatment programs | 0004| under this section. | 0005| D. The provisions of this section do not apply to: | 0006| (1) the practice of veterinary medicine pursuant | 0007| to the provisions of Chapter 61, Article 14 NMSA 1978; | 0008| (2) every research facility licensed pursuant to | 0009| 7 USCA Section 2136; and | 0010| (3) a property owner on his property killing | 0011| domestic canine or feline animals constituting a threat or menace | 0012| to human safety or to livestock or poultry. | 0013| E. The court may prohibit a person convicted for | 0014| violating provisions of this section from owning or possessing a | 0015| domestic canine or feline animal for a period of time determined | 0016| by the court. | 0017| F. A peace officer or an animal control officer | 0018| employed by a subdivision of government shall seize a domestic | 0019| canine or feline animal if he has probable cause to believe that | 0020| the provisions of Subsection A or B of this section have been | 0021| violated and there is imminent danger to the life of the animal. | 0022| A person convicted for violating provisions of this section shall | 0023| be required to bear the cost of boarding the animal and of | 0024| veterinary care provided to the animal." | 0025| Section 3. EMERGENCY.-- It is necessary for the public | 0001| peace, health and safety that this act take effect immediately. | 0002|  |