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