44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO PUBLIC SAFETY; PROHIBITING INTERFERENCE WITH OR INJURY TO ASSISTANCE DOGS; PROVIDING PENALTIES.

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

Section 1. FINDINGS AND PURPOSE--INTERFERENCE WITH ASSISTANCE DOG PROHIBITED--CRIMINAL AND CIVIL PENALTIES.--

A. The legislature finds that unrestrained dogs constitute a danger to assistance dogs and public safety. The purpose of this section is to protect persons with disabilities and assistance dogs from attack by unrestrained dogs.

B. As used in this section, "assistance dog" means a dog that has been or is being trained as a guide dog for persons with a hearing, sight or other physical disability or impairment.

C. It is unlawful for:

(1) a person to interfere with or injure an assistance dog; or

(2) a dog owner to allow an unrestrained dog to interfere with or injure an assistance dog.

D. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished pursuant to Section 31-19-1 NMSA 1978. A person who violates the provisions of this section a second time is guilty of a fourth degree felony and upon conviction shall be punished pursuant to the provisions of Section 31-18-15 NMSA 1978.

E. If a person interferes with or injures an assistance dog or allows an unrestrained dog to interfere with or injure an assistance dog and, as a result, the assistance dog is incapable of providing service to the owner, the person shall be liable for civil damages to the owner in an amount equal to the cost of the assistance dog and its training expenses.

F. Nothing in this section shall be construed to preclude any other remedies otherwise available pursuant to common law or the NMSA 1978.